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State Courts -
New York - January 16, 2007
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Newell v. Ford Motor Credit Co., 2005-11359, 2006-02480, (Index No. 4097/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because a plaintiff substantially complied with a towing company's notice of discovery and inspection, and because the plaintiff did not willfully or contumaciously failed to comply with the court's order, the trial court's drastic remedy of striking the complaint under CPLR 3126(3) was not warranted.
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North Fork Bank Corp. v. Graphic Forms Assoc., Inc., 2005-11550, (Index No. 13457/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Trial court properly granted summary judgment against individual debtor on creditor's breach of contract action because, in response to creditor's proof of underlying credit agreement, personal guaranty bearing individual's signature, and the failure to make payment, individual's conclusory denials were insufficient to raise triable issue of fact.
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O'Neil v. Klass, 2005-05563, (Index No. 3808/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Because defense counsel made improper, inflammatory remarks during the cross-examination and summation, and because the trial court erred in, inter alia, curtailing the testimony of a fact witness under CPLR 3101(d)(1), the trial court erred in denying the patient's CPLR 4404(a) motion to set aside the jury verdict and for a new trial.
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Parise v. Good Samaritan Hosp., 2006-07081, (Index No. 3212/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: In a medical malpractice action, under CPLR 3101(a), plaintiff was granted her request for hospital records that identified the attending physicians, service attendings, specialists, doctors, and employees who were available for consultation during the time of her admission as she claimed that the hospital failed to obtain proper consultations.
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