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State Courts -
New York - January 18, 2007
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Alvarado v. Structure Tone, Inc., 18-18A, Index 27788/02, 83245/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided
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Andrew Greenberg, Inc. v. Svane, Inc., 500562,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Game creator's trade secret misappropriation claim was unique to it rather than derivative claim of buyer under Business Corporation Law § 720, and claims were not barred by bankruptcy settlement in buyer's bankruptcy case as claims alleged direct injury to property rights of creator. Corporation's recovery would not rectify creator's injury.
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Aryeh v. Altman, 8686N, Index 600064/95,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Bender v. Peerless Ins. Co., 501111,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Cabibel v. XYZ Assoc., L.P., 9898, Index 117523/02, 591380/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Carpenter v. Morrette, 500935,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: In plaintiffs' action to reform deed, summary judgment was properly granted to plaintiffs as evidence showed that testator had told his attorney that he wished to convey two contiguous parcels of property to plaintiffs, not just the single parcel actually conveyed in deed, and that two parcels had been treated as single property for about 50 years.
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Duane Reade v. Highpoint Assoc. IX, LLC, 9878, 9879, Index 121412/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Existence of the subtenant's business operation itself was the lease violation, and the tenant cured by terminating the sublease. The lease unambiguously defined the scope of the tenant's right to cure and the landlord's ability to terminate the lease upon default. The tenant was entitled to a declaration that it was not in breach of the lease.
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Fenton v. St. Lawrence County, 500658,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Because the employees failed to show that a county's red circling of a co-worker's salary was a pretext for gender discrimination, the employees failed to establish that they suffered the requisite adverse employment action under the Equal Pay Act of 1963, 29 U.S.C.S. § 206(d) and the New York Whistle Blower Law, Civil Service Law § 75-b.
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Kenneth S. v. Berkshire Farm Ctr. & Servs. for Youth, 500488,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: Negligent infliction of emotional distress claim against hospital should have been dismissed. Hospital's act in permitting unaffiliated social worker to visit with parents' daughter, who was in the hospital's treatment center, did not constitute conduct endangering daughter's physical safety. Hospital could not be responsible for subsequent abuse.
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Klersy Bldg. Corp. v. Harleysville Worcester Ins. Co., 501042,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 18, 2007, Decided , January 18, 2007, Entered
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Overview: General contractor (GC) did not immediately contact insurer regarding subcontractor's (SC) employee's falling from construction project, as employee was supervised by SC and SC provided proof of liability and workers' compensation coverage; insurer was not entitled to summary judgment in GC's action for defense and indemnification.
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