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State Courts -
New York - January 30, 2007
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Cunningham v. St. Barnabas Hosp., 97, Index 8559/99,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Ellers v. Horwitz Family Ltd. Partnership, 2005-05305, 2005-06417, (Index No. 578/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Tenants were improperly granted summary judgment in a personal injury action because lease agreement required them to keep parking lot, where the incident occurred, free of snow, ice, and debris; a material issue of fact existed as whether icy condition resulted from rain falling at time of incident or snow that had fallen during prior two days.
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Farkas v. Farkas, 2005-11004,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because a trust was not formed or located in New York, did not own property or have an office or agent in New York, and did not transact business in New York, defendant's communications with the New York mortgagors were insufficient to support a finding that defendant "transacted business" in New York within the meaning of CPLR 302(a).
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HRH Constr., LLC v. Elite Constr. of N.Y., Inc., 74, Index 602090/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Harris v. Adejumo, 2005-11198, (Index No. 8441/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because a lender did not owe an owner a duty of care to examine and authenticate the genuineness of a signature on the contract of sale, the owner' complaint did not state a cause of action to recover fraud damages against the lender; consequently, its CPLR 3211(a)(7) motion to dismiss the complaint should have been granted.
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