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   State Courts - New York - January 19, 2006

  
Adair v. BBL Constr. Servs., LLC, 98454, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Since the contractual provisions between the construction manager and the project owner, as well as the testimony of witnesses, established that the construction manager had no supervisory control or authority over the work being done by the injured worker, there was no statutory agency conferring liability under N.Y. Lab. Law § 241(6).

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Apt v. Block 6222 Constr. Corp., 102117/05, SUPREME COURT OF NEW YORK, RICHMOND COUNTY, January 19, 2006, Decided
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Arts4all Ltd. v. Hancock, 7607 - 7608 - 7609 - 7610 - 7610A - 7610B Index 101123/0376077608760976107610A7610B, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Ashokan Water Servs., Inc. v. New Start, LLC, 95949/04, CIVIL COURT OF THE CITY OF NEW YORK, KINGS COUNTY, January 19, 2006, Decided
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Overview: A property owner and a manager failed to make a sufficient showing to defeat auditor's entitlement to summary judgment where owner and manager alleged that auditor failed to use its best efforts in inspecting meter in order to obtain utility bill credits. Owner and manager failed to show how their interests were harmed or that meter was defective.

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Beard v. State of New York, 98605, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: In a case in which a claimant sued the State alleging violation of N.Y. Lab. Law § 240, the appellate court concluded that the case fell squarely within § 240(1), where the claimant fell from an elevated work site while engaged in the demolition of a bridge.

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Bobby D. Assoc. v. Ohlson, 570763/05, SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT, January 19, 2006, Decided
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Braka v. Travel Assistance Intl., 7615, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Carson v. Dudley, 98598, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: The trial court properly denied defendant's motion for summary judgment dismissing a negligence complaint, as the appeals court could not say, as a matter of law, that plaintiff's action of exiting her school bus after a collision with defendant was unforeseeable or unexpected under the circumstances. Plaintiff slipped and fell upon exiting.

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Church v. McCabe, 7612, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: A wife's application for pendente lite maintenance was properly denied and a separation agreement with her husband was valid under Hong Kong law because the husband's objection to certain suggestions for revision did not constitute undue pressure or exploitation of a dominant position to secure an unreasonable advantage.

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Clemons v. Glicksman, 7637N, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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