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State Courts -
New York - January 30, 2007
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34-35th Corp. v. 1-10 Indus. Assoc., LLC, 2006-00031, 2006-03112, (Index No. 17996/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: As a tenant failed to sustain its burden in a landlord's breach of lease action of showing that any failure by the landlord to have engaged in disclosure was willful and contumacious, dismissal of the landlord's action under CPLR 3126 was error.
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3405 Putnam Realty Corp. v. Insurance Corp. of N. Y., 93, Index 23555/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: In a declaratory judgment action concerning insurance coverage, the trial court properly granted summary judgment to an insurer, because the insure properly disclaimed coverage, because a policy exclusion concerning lead based paint absolved the insurer any duty to defend or indemnify a realty company in an underlying action.
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72nd St. Assoc. v. Greystone Servicing Corp., Inc., 94, Index 601232/99,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Atkinson v. Oliver, 9753, Index 26067/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Trial court erred in denying a driver's summary judgment motion as to plaintiff's personal injury action, because the driver presented a prima facie case that plaintiff suffered no serious injury pursuant to Insurance Law § 5102(d) in the automobile accident in question, and plaintiff failed to raise a triable issue of fact.
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Awerman v. Awerman, 2005-07397, (Index No. 7501/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: In a suit alleging husband breached separation agreement, summary judgment was improperly granted to husband as it appeared that husband may have calculated his net income, off of which amount of wife's support was based, by improperly subtracting contributions to his 401K plan. Since papers did not resolve issue, summary judgment was not allowed.
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Ben Krupinski Bldr. & Assoc., Inc. v. Baum, 2005-05652, 2005-08656, (Index No. 27146/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Defendants were denied summary judgment in plaintiff's action to foreclose mechanic's lien, as plaintiff raised triable issue of fact by submitting affidavit of chairman of licensing review board, who stated that plaintiff was lawfully licensed because its principals held licenses to perform home improvement work in town at issue.
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