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| Tihanyi v. Grimando, 2006-04764, (Index No. 6190/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Defendant was properly found to be in contempt of court under Judiciary Law § 753 because he violated a preliminary injunction by displaying in an art gallery and offering for sale an oil painting in which he used and exploited a photograph, image, or likeness of plaintiff after being preliminarily enjoined from doing so.
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| Torres v. Performance Auto. Group, Inc., 2005-10442, 2006-01218, (Index No. 2957/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Summary judgment for defendants was reversed as defendants failed to show that plaintiff did not sustain serious injury under Insurance Law § 5102(d) since their motion papers did not adequately address plaintiff's claim that she went to work for about month after accident, and that she was out of work for five of first six months after accident.
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| Valentin v. Chong, 2005-09348, (Index No. 20576/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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| Vardon, Inc. v. Suga Dev., LLC, 2005-05323, (Index No. 7124/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Finding that defendant affirmatively consented to work and materials described in plaintiff's lien was not supported by record evidence. There was insufficient record evidence of any affirmative consent given by defendant directly to plaintiff relating to refrigeration equipment and sprinkler work for which defendant sought payment.
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| Ventimiglia v. Ventimiglia, 2006-02416, (Index No. 011821/97),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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| Westchester Med. Ctr. v. AIG, Inc., 2006-07591, (Index No. 05-20127),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Medical center was entitled to summary judgment on its claim to recover payment of no-fault benefits as it showed that prescribed statutory billing forms had been mailed and received and that payment was overdue pursuant to Insurance Law § 5106(a). Insurer failed to establish that it timely denied claim on basis of alleged intoxication of assignor.
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| Whitfield-Forbes v. Pazmino, 2006-00184, (Index No. 11467/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Plaintiff did not raise triable issue of fact as to whether she sustained serious injury within meaning of Insurance Law § 5102(d), as, inter alia, mere existence of herniated disc was not evidence of serious injury in absence of objective evidence of extent of alleged physical limitations resulting from disc injury and duration.
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| Wiggs v. Williams, 222, Index 1382/89, 105889/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Deeds used by respondent-appellant to purportedly take title to certain property were null and void because respondent-appellant did not provide evidence showing that putative grantors had interest in the property that could be conveyed to respondent-appellant, and no evidence showed putative grantors of deed ever had legal title to the property.
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| Wilson v. New York City Health & Hosps. Corp., 2005-09860, (Index No. 24445/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Wrongful death complaint against a hospital was properly dismissed as time-barred under Public Authorities Law § 2981. Plaintiffs' contention that limitations period should be tolled for period that application of administrator for infant's estate seeking letters of administration was pending was rejected. There was no toll for that period of time.
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