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   State Courts - New York - January 17, 2006

  
Albright v. City of New York, 2004-06936, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Alexander v. Womble, 2005-01506, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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American Ind. Ins. v. Heights Chiropractic Care, P.C., 105202/05, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 17, 2006, Decided
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Overview: Out-of-state insurer's petition was granted and an arbitration award against the insurer was vacated because the arbitration award was improper as jurisdiction did not exist in New York over the insurer, under N.Y. C.P.L.R. 301, in that the insurer was not systematically doing business in New York. Further, N.Y. Ins. Law § 1213 was not applicable.

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Benedict P. Morelli & Assoc., P.C. v. Cabot, 601556/05, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 17, 2006, Decided
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Bingham v. New York City Tr. Auth., 7483, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Overview: The Bethel decision did not dictate an abandonment of the rule set forth in Schlessinger, requiring a transit authority to provide safe approaches for its passengers where such approaches were constantly used; a subway passenger's personal injury action due to a fall down an access stairway to the subway was not dismissed.

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Birch Wathen Lenox School v. Butler Rogers Baskett, P.C., 7429, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Bloom v. Platinum Fitness Lifestyle, Ltd., 7386N, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Brilliant v. Gamache, 2005-11816, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Under N.Y. Elec. Law § 9-112, the trial court improperly sustained the objection to another ballot containing a pen mark which was characterized as "underlining" beneath the names of three candidates for the public office of State Supreme Court Justice since the mark appeared to be inadvertent.

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Cendales v. City of New York, 2004-07706, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Personal injury plaintiff did not raise triable issue disputing proof that work performed 200 feet away did not create road defect that caused fall, so company was erroneously denied summary judgment dismissal. Dismissal of city was proper without proof of either prior written notice of defect or affirmative negligence by city that caused defect.

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Czernicki v. Lawniczak, 2005-02281, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Where there was no good cause shown under N.Y. C.P.L.R. 3212(a) for a delay of more than two years after the notice of issue was filed for plaintiff's motion for leave to serve and file a late motion for summary judgment in a real property partition action, it was properly denied.

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