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State Courts -
New York - January 19, 2006
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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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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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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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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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