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State Courts -
New York - January 19, 2006
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Smith v. Village of Hancock, 98536,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Where a paved area in front of a village fire department did not constitute a municipal parking lot that was the equivalent of a highway under N.Y. Veh. & Traf. Law § 118 and N.Y. Gen. Mun. Law § 50-e(4), a pedestrian who was injured was not required to give written notice of the defect under N.Y. C.P.L.R. § 9804 and N.Y. Village Law § 6-628.
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Van Kleeck v. Hammond, 97791,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Former employee was unable to bring fraud or negligence claims against a town board because the municipal employer was entitled to immunity from action in its governmental capacity and it was unreasonable for the employee to have relied on vague assertions of future acts to appoint him as a part time employee if he retired.
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Vincenty v. Cincinnati Inc., 7628 Index 16891/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Conflicting evidence regarding whether press brake machine could have been built more safely and whether there should have been warnings about use by inexperienced workers precluded entry of summary judgment in favor of a manufacturer.
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Walton v. New York State Dept. of Correctional Servs., 98700,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Trial court's dismissal of constitutional grounds of call recipients' application to enjoin state correctional agency's conduct in collecting certain commissions related to calls received from inmates at facilities state correctional agency maintained was affirmed; claims were not filed within N.Y. C.P.L.R. 217(1)'s four-month limitations period.
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Whitton v. Thomas, 98625,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: A dirt road that extended approximately two tenths of a mile beyond the 1.2-mile paved portion of the road was a town highway by use pursuant to N.Y. High. Law § 189, where there was evidence of open public use from the early 1960's through the time plaintiff moved onto the road in the 1980's.
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Williams v. Halpern, 7635,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Woodley v. Ramirez, 7327, Index 15325/02, 21063/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 19, 2006, Decided , January 19, 2006, Entered
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Overview: Bare allegation that he "stopped suddenly" was insufficient to rebut presumption that rear-ended driver had not been negligent, particularly when he was surrounded by drivers who appeared to have been affirmatively negligent.
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