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   State Courts - New York - January 23, 2007

  
Matter of Rovner, 2006-07708, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: The court granted the motion of the Grievance Committee for the Tenth Judicial District to strike an attorney's name from the roll of attorneys pursuant to Judiciary Law § 90(4)(b) because the attorney had been convicted of a felony, i.e., promoting gambling in the first degree, a class E felony, in violation of Penal Law § 225.10(1).

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Matter of Town of Cortlandt v. New York State Bd. of Real Prop. Servs., 2003-10400, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: When the New York State Board of Real Property Services had been ordered to recalculate a town's equalization rate, it had the authority to implement the recalculated rate by recalculating special franchise assessments and establishing new special segment equalization rates. The amendment to RPTL 1218 merely made manifest this implied authority.

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McAllister v. Raymond Corp., 2005-10625, (Index No. 41/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Defective design claim should have been dismissed on summary judgment because forklift driver did not show that manufacturer and distributor marketed forklift that was not reasonably safe and that defective design was substantial factor causing injuries to driver's right leg and foot; expert's affidavit was insufficient to establish liability.

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Mentesana v. Bernard Janowitz Constr. Corp., 2005-00057, 2005-03809, (Index No. 18230/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Denial of employer's cross-motion for summary judgment and grant of general contractor's motion for summary judgment as to common law indemnification claim was modified and essentially reversed as employee's partial loss of index finger was not loss of index finger under Workers' Compensation Law § 11. Employer was not liable for indemnification.

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Moran v. Orth, 2005-07249, (Index No. 15454/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: A tenant was entitled to treble damages in a wrongful eviction action under RPAPL 853 because the landlord's unlawful eviction was not unintentional as she was not entitled to deliberately resort to self-help by locking the tenant out of the premises for nonpayment of rent and she never secured a warrant of eviction.

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Nespola v. Strang Cancer Prevention Ctr., 2005-02167, (Index No. 49740/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Summary judgment for doctor and prevention center under CPLR 214-a was proper under circumstances in which decedent's representative failed to show tolling by continuous treatment doctrine. Decedent's affidavit claiming that doctor and prevention center treated her for specific condition was contradicted by decedent's deposition testimony.

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North Fork Preserve, Inc. v. Kaplan, 2005-05934, (Index No. 27167/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Nu Li Lin v. New York City Hous. Auth., 2005-03065, (Index No. 29917/00), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Olexa v. Jacobs, 2006-00614, 2006-05102, (Index No. 7115/05), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Osborne v. Tooker, 2005-06299, 2006-08500, (Index No. 19174/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 23, 2007, Decided
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Overview: Because an ex-boyfriend did not, inter alia, submit any evidence demonstrating the extent of his work on, or contributions to, the ex-girlfriend's properties, and their value, the trial court properly dismissed the ex-boyfriend's counterclaims seeking constructive trusts on the properties.

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