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   State Courts - New York - January 11, 2006

  
Ataee v. Mount Sinai Hosp., 117761/02, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 11, 2006, Decided
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Baker v. Stassi, 28299/05, DISTRICT COURT OF NEW YORK, FIRST DISTRICT, NASSAU COUNTY, January 11, 2006, Decided
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Brownley v. Doar, 402724/2005, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 11, 2006, Decided
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Overview: Since mothers had standing under N.Y. Soc. Serv. Law §§ 159, 350, to challenge adequacy of shelter allowances from Safety Net Assistance, and failure to exhaust administrative remedies was excused based on futility and irreparable harm, action was not dismissed and preliminary injunction preventing their imminent eviction was ordered.

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Emerging Vision, Inc. v. Main Place Opt., Inc., 16088-05, SUPREME COURT OF NEW YORK, NASSAU COUNTY, January 11, 2006, Decided
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Fils-Aime v. Ryder TRS, Inc., 018821/01, SUPREME COURT OF NEW YORK, NASSAU COUNTY, January 11, 2006, Decided
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Overview: University's motion to dismiss, pursuant to N.Y. C.P.L.R. 3211, a driver's action alleging that the university breached a fiduciary duty by refusing to provide insurance coverage for an accident which occurred while the driver was volunteering for the university was granted, as that volunteer status did not create a fiduciary duty.

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Gotlin v. Kabeeruddin, 10656/02, SUPREME COURT OF NEW YORK, RICHMOND COUNTY, January 11, 2006, Decided
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Local 333, United Mar. Div., Int'l Longshoremans' Ass'n, AFL-CIO v. New York City Dep't of Transp., 112873/05, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 11, 2006, Decided
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Overview: An appellate court refused to confirm an arbitration award that found that a deckhand was properly terminated for refusing to submit to a required random drug test but that also reinstated the deckhand to his position. The appellate court found that the reinstatement was irrational and violated public policy standards as to safety.

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Matter of D.M. v. H.M., O-15214-03/05B, FAMILY COURT OF NEW YORK, NASSAU COUNTY, January 11, 2006, Decided
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Matter of Jamaica Recycling Corp. v. City of New York, 102593-2005, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 11, 2006, Decided
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Overview: Sanitation companies were denied relief from the enforcement of solid waste transfer station siting rules governing the issuance of permits, as the rules were a valid exercise of the authority granted to the New York City Department of Sanitation, no evidence of bad faith was presented, and the companies failed to prove exemption from the same.

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Thompson v. State of New York, 103038, COURT OF CLAIMS OF NEW YORK, January 11, 2006, Decided
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