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| Ubriaco v. Martino, 2006-02182, (Index No. 100993/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of sister's summary judgment motion was affirmed as sister could not rely on deed conveying property solely to her to establish entitlement to judgment as statute of frauds was not defense to action to impose constructive trust on real property. Brother's claim of oral understanding that his interest would be retained raised triable issue.
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| Utica First Ins. Co. v. Star-Brite Painting & Paperhanging, 2005-10109, (Index No. 14050/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because the operative act giving rise to an insurer's potential liability--the alleged negligent operation of a motor vehicle--was excluded from coverage by the terms of the policy, and because the negligent hiring claim did not overcome the exclusion, the insurer was not obligated to defend or indemnify the insureds in the underlying action.
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| Walker v. New York City Health & Hosps. Corp., 10013-10014, Index 109165/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Although a hospital delayed in furnishing a complete medical file to a patient, the patient was not induced to refrain from filing suit or conducting an investigation; the trial court erred in denying the hospital's motion to dismiss the patient's malpractice claim for failure to serve a timely General Municipal Law §§ 50-e, 50-i notice of claim.
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| Weinstein v. Weinstein, 2005-08829, (Index No. 201825/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: An acknowledgment was sufficient if it was in substantial compliance with the Real Property Law. The signer's oral declaration and written certificate substantially complied with the Real Property Law, and the parties' prenuptial agreement was valid under Domestic Relations Law § 236(B)(3).
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| Whyte v. City of Yonkers, 2005-09979, (Index No. 11316/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Trial court properly granted summary judgment for city, police department, and police officer because arrestee offered no evidence in opposition to assertion and evidence that probable cause existed for her arrest and thus did not raise triable issue of fact to support her allegations of false arrest, false imprisonment, and malicious prosecution.
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| Wicelinski v. Vita- Mix Corp., 2005-08110, (Index No. 3941/00),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of distributor's summary judgment motions as to claims asserted against it by fast food restaurant's employee and its cross-claim for contractual indemnification against manufacturer was affirmed as distributor failed to establish that spoon agitator in blender was free from defects or that it was entitled to contractual indemnification.
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| Williams v. Simpson, 10001, Index 13255/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: In an action arising from a multi-vehicle accident, denial of a driver's motion for summary judgment was reversed; in cases where a lane cross-over and collision occurred almost instantaneously, the driver, who was in the proper lane, could not be considered negligently responsible for any part of the accident.
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| Zalkin v. City of New York, 2005-07100, (Index No. 11615/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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| Zolotar v. Ben Krupinski, Gen. Contr., Inc., 2005-09066, 2006-00558, (Index Nos. 34491/02, 75158/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because there was no evidence that architect directed workers as to how to perform the injury-producing work, trial court properly granted architect's summary judgment motion on general contractor's third party complaint for indemnification and contribution. The trial court also properly denied general contractor's motion for leave to renew.
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