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State Courts -
New York - January 25, 2007
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Adamski v. Schuyler Hosp., Inc., 98349,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: CPLR 3126(3) striking of an orthopedic surgeon's negligence complaint was appropriate because his continued failure to comply with discovery orders over a period of four years constituted an overall pattern of conduct that was willful, contumacious, or in bad faith.
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Arnone v. Arnone, 500567,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Equitable distribution of marital property in parties' divorce action was modified to award the wife 50% of the husband's state pension because the parties were married entire time that the husband worked full time for the state, the wife only held part-time jobs during the marriage, and the wife was the primary caretaker of the parties' children.
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Ball v. Cascade Tissue Group - N. Y., Inc., 501030,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: In a personal injury action, denial of plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240(1) was reversed, as plaintiffs had established a statutory violation and defendants failed to produce sufficient evidence to create a question of fact. Any alleged contributory negligence was irrelevant.
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Beneke v. Town of Santa Clara, 501236,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Although there was conflicting evidence as to whether the portion of a lake upon which a trustee's floating boathouse sat was publicly owned or navigable under Navigation Law § 2(4), (5), a town could regulate, control, restrict, or otherwise issue a building permit for the boathouse under Executive Law §§ 371(2)(d), 373(1), 372(3).
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Bonilla v. Rotter, 9806, Index 104721/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Fischetto v. LB 745 LLC, 51-52, Index 109783/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Griffin v. Manning, 8617, Index 108083/97,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Judgment entered against building owner was vacated because the verdict was rendered after the owner's death and prior to the substitution of legal representative under CPLR 1015(a). Owner's counsel repeatedly objected to participating in continuing trial, and trial court, upon learning of owner's death, should not have allowed jury to deliberate.
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Matter of Cloer, [NO NUMBER IN ORIGINAL],
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Matter of Cobrin v. Commissioner of Labor, 500202,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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