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State Courts -
New York - January 16, 2007
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Walden Woods Homeowners' Assn. v. Friedman, 2006-00112, 2006-00113,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Plaintiff rescinded approval of defendant's construction of shed. Record demonstrated determination was authorized, made in good faith, and in furtherance of legitimate interests, and defendant did not raise triable issue of fact with respect to fraud, self-dealing, or misconduct to trigger further judicial inquiry, so summary judgment was proper.
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Williams v. Williams, 2006-02005, (Index No. 17592/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Supreme court erred in dismissing case involving disposition of house under will, which devised house to testator's husband, because will was ambiguous as to testator's intent regarding disposition of house upon husband's remarriage; case was remitted to supreme court for transfer to surrogate's court, which had concurrent jurisdiction over matter.
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Wilson v. Galicia Contr. & Restoration Corp., 2005-06171, (Index No. 11878/00),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Supreme court properly found that defendant failed to demonstrate that plaintiffs procured order setting matter down for inquest by means of fraud, misrepresentation, or other misconduct, CPLR 5015(a); defendant was attempting to present a defense where it otherwise would not be entitled to, as its answer was stricken.
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Zhi Fang Shi v. Sanchez, 9818, Index 102052/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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