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   State Courts - New York - January 16, 2007

  
Cai Qiang Li v. Yang, 2005-11821, (Index No. 53768/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Calderon v. Antillas Air Frgt., Inc. (N. Y.), 2005-07022, (Index No. 28742/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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City Ready Mix, Inc. v. Hicksville Paving, Inc., 2005-06666, (Index No. 12625/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Commercial Union Ins. Co. v. Liberty Mut. Ins. Co., 2004-10134, (Index No. 105/00), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Trial court erred in denying defendant's motion for summary judgment in a declaratory judgment action because the terms of a policy unambiguously stated that the policy did not cover accidents which occurred in New York, and thus defendant was not obligated to defend or indemnify its insureds in the underlying personal injury action.

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Contos v. Mahoney, 2005-10136, (Index No. 18756/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because a passenger knew at least a year before the expiration of the statute of limitations in CPLR 214(5) that the lessors were the owner of the vehicle that hit the one in which she was riding and caused her injuries, the passenger's claim against the lessors did not relate back to the original complaint.

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Coronel v. Chase Manhattan Bank, No. 47 SSM 40, COURT OF APPEALS OF NEW YORK, January 16, 2007, Decided
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Cummings v. Donovan, 2006-00460, (Index No. 3718/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Delgiudice v. Metropolitan Transp. Auth., 2005-07704, (Index No. 6460/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Diamond v. Vitucci, 2006-05923, (Index No. 24916/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Trial court properly denied defendants' motion to vacate their default in opposing plaintiff's motion to strike their answer in a personal injury action because defendants failed to demonstrate both a reasonable excuse for their default and a meritorious defense as required by CPLR 5015(a)(1).

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Doe v. Hall, 2006-01701, (Index No. 1337/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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