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State Courts -
New York - January 12, 2006
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Matter of Nationwide Mut. Ins. Co. v. Mackey, 98531,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Insurer was not entitled to N.Y. C.P.L.R. 7503 on grounds that insured had failed to provide required notice of uninsured motorist claim where, despite failure to return a particular form, which had been misplaced, insured had timely provided enormous amounts of information to insurer, preventing it from being prejudiced in any way.
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Matter of Paterson v. New York State Teachers' Retirement Sys., 98189,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: N.Y. C.P.L.R. art. 78 proceeding filed in April 2004 against New York State Teachers' Retirement System was properly dismissed as time-barred under the four-month limitation in N.Y. C.P.L.R. 217(1) as the System's August 2003 letter awarding benefits was final determination that was not rendered nonfinal by request for recalculation of benefits.
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Matter of State Farm Mut. Auto. Liab. Ins. Co. v. Connolly, 98752,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Matter of Taylor v. Commissioner of Labor, 96910,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Mester v. Roman, 98562,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Property owners who feared vandalism and other criminal activity resulting from public's use of private right-of-way to lake could erect security gate, so long as neighbors entitled to use of right-of-way under established easement were provided with a key.
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Penn v. Jaros, Baum & Bolles, 6382, Index 105782/01, 590592/01, 590159/02, 591015/03, 591061/03, 591461/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Questions of fact--regarding responsibilities of various parties, including manufacturers and inspectors of a bank vault, an alarm system, and a carbon dioxide suppression system to warn that sounding of alarm would result in release of poisonous gas--precluded any grant of summary judgment.
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People ex rel. John Barnes v. Allard, 97106,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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People ex rel. Swanston v. Pelkey, 98392,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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