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State Courts -
New York - January 23, 2007
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ADB Mgmt., LLC v. Gardenberry, Inc., 2005-10382, (Index No. 6032/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of landlord's cross-motion for summary judgment was modified to extent of declaring that tenant's appraisal of property did not constitute exclusive basis to determine rent and that third appraiser had to be appointed to determine renewal rent as appraisal procedure set forth in lease provided for third appraisal in event of disagreement.
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Allied Envtl. Group, Inc. v. Samson Constr. Co., Inc., 37, Index 601393/06,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Banfield v. New York City Tr. Auth., 2005-09413, (Index No. 24968/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Nature of incident in which passenger was caused to land on floor of bus next to her seat, was not, in itself, sufficient to provide the requisite objective support needed to show that stop was "unusual and violent," of a different class than jerks and jolts commonly experienced in city bus travel. Summary judgment on liability was improper.
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Beckles v. Kingsbrook Jewish Med. Ctr., 2006-04794, (Index No. 14859/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: In a race discrimination action, the trial court erred in granting plaintiff's application to require a hospital to produce documents relating to the qualification of more than 100 employees, because plaintiff failed to meet her burden under CPLR 3101(a) of showing that the evidence concerning pay rates was material and necessary to her action.
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