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State Courts -
New York - January 23, 2007
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Riglioni v. Chambers Ford Tractor Sales, Inc., 2005-08243, 2006-01746, (Index No. 3757/99),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Summary judgment was denied to a distributor and a retailer in a strict products liability action where, although they submitted evidence that the accident could have been caused by prior damage or alteration to equipment by plaintiff's employer, plaintiff raised triable issues of fact as to whether the possible cause was a defect in the product.
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Rios v. WVF-Paramount 545 Prop., LLP, 9331, Index 402453/04, 591088/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Roviello v. Long Is. Rail Rd. Co., 2005-08391, (Index No. 12254/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Railroad demonstrated that decedent knew or should have known, that workplace exposures to toxins were potential cause of his lung cancer shortly after his diagnosis, and before three years before complaint was filed. Therefore, administratrix's complaint under Federal Employers' Liability Act, 45 U.S.C.S. § 51 et seq., was time-barred.
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Rukaj v. Eastview Holdings, LLC, 35, Index 6249/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Because there was no ongoing construction or demolition activity at the site at the time of a cleaner's accident, and because the cleaner's conduct was the sole proximate cause of his fall off a ladder, the trial court properly granted summary judgment to the defendants on the cleaner's Labor Law §§ 200, 240(1) claims.
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Schiffer v. Speaker, 36, Index 101191/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Town House Stock, LLC v. Coby Hous. Corp., 10010, Index 602514/06,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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