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   State Courts - New York - January 23, 2007

  
Long Is. Radiology v. Allstate Ins. Co., 2006-05943, (Index No. 005513/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Since the defense of lack of medical necessity could indisputably be raised by the insurers against the injured parties, pursuant to 11 NYCRR 65-3.11, Insurance Law art. 51, it was available as against the radiologists who accepted assignments of no-fault benefits from the injured parties.

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Maffai v. County of Suffolk, 2006-05594, (Index No. 3608/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Maraia v. Church of Our Lady of Mount Carmel, 2006-00030, (Index No. 13789/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of tour operator's summary judgment motion was reversed as it showed that it did not own or operate the premises, or assume a duty of care by directing a tourist's path within the premises. The tour operator also showed that the platform from which the tourist fell was open and obvious and was not inherently dangerous.

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Matter of Boneparth v. Warshavsky, 2005-05805, (Index No. 16058/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Bradley M., 2006-03442, (Docket No. D-20362-04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: While sufficient evidence supported family court's finding that if adult had committed acts committed by juvenile, they would have constituted first-degree criminal sexual act and first-degree sexual abuse, second-degree unlawful imprisonment count was vacated based on merger doctrine because criminal sexual act and imprisonment were simultaneous.

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Matter of Crystal L. v. Henry Chi-Man L., 2006-00326, (Docket No. B-14841-03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Cynthia Hope A. v. LaToya Cynthia A., 2005-11186, (Docket No. B-6588-03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Data Tree, LLC v. Romaine, 2005-06121, (Index No. 19331/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because a county clerk determined that compliance with a petitioner's request for certain electronic documents was not possible without extraordinary efforts on its part to protect the privacy interests of its citizens, the trial court properly denied the petitioner's CPLR art. 78 request under Public Officers Law § 87(2)(b).

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Matter of Doe v. Suffolk County Dept. of Social Servs., 2006-00450, (Index No. 05-18607), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Matter of Fantaysia L. v. Marguerite S., 2005-10438, (Docket No. N-11936/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because a 3-1/2-year old child contracted gonorrhea while living with either the father, the paternal grandmother, or the mother's family, the father and the paternal grandmother failed to rebut the prima facie case of abuse that was established pursuant to Family Court Act §§ 1012(e)(iii), 1046(a)(ii).

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