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State Courts -
New York - January 30, 2007
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Harris v. Hallberg, 2006-02739, (Index No. 15141/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Buyers' action for breach of contract and fraud was properly dismissed under CPLR 3211(a)(5) because the alleged oral agreement for the return of a down payment would contradict and vary the terms of a release executed by the buyers and the sellers and, thus, evidence of the oral agreement was precluded by the parol evidence rule.
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Holliday v. Jones, 66, Index 25792/95,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Horne v. Swimquip, Inc., 2005-11624, (Index No. 21939/93),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because the willful and contumacious character of a plaintiff's failure to timely produce a psychiatrist's report regarding her competency to testify at a deposition could be inferred from her failure to comply with two court orders over an approximately five-year period of time, her personal injury complaint was properly dismissed under CPLR 3126.
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In re Tyshawn Jaraind C., 91,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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JMZ USA, Inc. v. Lumbermens Mut. Cas. Co., 65-65A, Index 603877/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Trial court properly granted summary judgment to insurance companies in plaintiffs' declaratory judgment action concerning insurance companies' duty to defend and indemnify plaintiffs in an underlying action, because the underlying complaint did not allege any personal injury inflicted by plaintiffs.
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