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State Courts -
New York - January 17, 2006
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Seaman v. Wyckoff Hgts. Med. Ctr., Inc., 2005-02044,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: In an action against a hospital for violation of N.Y. Lab. Law § 740, an employee demonstrated that requested information was "material and necessary" (N.Y. C.P.L.R. 3101(a)) in the prosecution of the action, and the circumstances warranted permitting discovery of the records with all identifying patient information appropriately redacted.
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Tri-State Envtl. Contr., Inc. v. M.H. Kane Constr., Inc., 7255-, 7256,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Zilinski v. Graziano, 2005-00992, Index No. 11352/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Because the provisions of a real estate contract, which addressed the remedies available to each party if the sellers were unable to transfer marketable title, inured to the benefit of both parties, the purchasers could not unilaterally waive the provisions; neither party was entitled to an award of summary judgment.
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