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State Courts -
New York - January 23, 2007
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Gordon v. Oster, 44, Index 115797/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Hall Dickler Kent Goldstein & Wood, LLP v. McCormick, 2005-07471, (Index No. 11605/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Trial court properly granted third-party defendants' motion to vacate a default judgment against them, because the default was a nullity, as third-party defendants were not properly served with process, CPLR 5015(a)(4), and vacatur of the default judgment was required as a matter of law and due process.
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Hunt v. State of New York, 9623-9624, Claim 101841,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Court of Claims erroneously dismissed an inmate's damages claim based upon the DOC's failure to comply with the ministerial act of placing him in protective custody pursuant to a court order, after a sexual assault was committed against him after he was erroneously placed back in the jail's general population.
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Jampolskaya v. Victor Gomelsky, P.C., 2005-05170, (Index No. 25527/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Trial court erred in granting summary judgment to plaintiff as to claims of legal malpractice, because in response to plaintiff's showing of entitlement to summary judgment on the issue of liability, some of the defendants raised a triable issue of fact.
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Katechis v. Our Lady of Mercy Med. Ctr., 9880, Index 15734/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 23, 2007, Decided , January 23, 2007, Entered
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Overview: Because an expert's affirmation in support of a plaintiff's CPLR 3025(b) cross-motion to amend did not demonstrate a causal connection between a doctor's alleged failure to monitor the decedent's Lithium levels and his death, the proposed amendment to the bill of particulars lacked merit; therefore, the trial court erred in granting the motion.
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L-3 Communications Corp. v. Kelly, 2005-09706, (Index No. 14971/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Plaintiff sought to enjoin defendants from disclosing proprietary information and trade secrets to third party, and supreme court properly, in effect, denied plaintiff's request for preliminary injunctive relief. Because plaintiff failed to address those branches of its motion at hearing, it failed to carry its burden with respect thereto.
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