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   State Courts - New York - January 12, 2006

  
People v. Williams, 14377, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Defendant's conviction of two counts of criminal sale of a controlled substance in the third degree was affirmed; variances regarding the search of an informant's trunk were not so significant to cause a reversal, and there was no merit to a challenge based on the police's failure to conduct a body cavity search of the informant before a purchase.

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People v. Zarzuela, 10811/01, SUPREME COURT OF NEW YORK, QUEENS COUNTY, January 12, 2006, Decided
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Pharma Consult, Inc. v. Nutrition Tech. LLC, 7562 Index 601233/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Where limitations on an arbitrator's authority to make an award were set forth in a completely different part of the parties' agreement from the authority to conduct the arbitration in question, the award was not subject to vacatur under N.Y. C.P.L.R. 7511(b)(1)(iii).

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Portlette v. Metropolitan Tr. Auth., 6948 Index 110874/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because an employee was on probation at the time of her termination and because she was not employed by a N.Y. Civ. Serv. Law art. 14 or a N.Y. Lab. Law art. 20 employer, pursuant to N.Y. C.P.L.R. 217(1), the four-month statute of limitations for her N.Y. C.P.L.R. art. 78 proceeding ran from the date of termination.

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Portlette v. Metropolitan Tr. Auth., 6948, (Index 110874/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Sabo v. Alan B. Brill, P.C., 7561-7561A, Index 100055/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Sakow v. 633 Seafood Rest., Inc., 7557 Index 606626/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Salemeh v. Toussaint, 6921 Index 118056/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Intentional tort claims against a union local were properly dismissed because plaintiff failed to plead that the entire membership of a union local authorized in advance, or subsequently ratified, an alleged assault upon him, but the order on appeal incorrectly dismissed the entire complaint against an individual individually.

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Strongback Corp. v. N.E.D. Cambridge Ave. Dev. Corp., 7039N Index 14633/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 12, 2006, Decided , January 12, 2006, Entered
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Overview: Because a general contractor's own invoice showed that it had been overpaid for the work done, its filing of a mechanic's lien was altogether without justification; therefore, pursuant to N.Y. Lien Law § 39, the lien was wilfully exaggerated, leaving only the issue of damages to be determined.

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