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State Courts -
New York - February 2, 2007
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Equity Search, Inc. v. Kao, 125 CA 06-02427,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Estate of Angelica Pesante v. Mundell, 1550 CA 06-00190,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: In a wrongful death action, as the decedent had been placed in foster care due to her mother's neglect of her, and the mother failed to show that she had a reasonable expectation of future assistance from the decedent, pursuant to EPTL 5-4.3(a), the mother was not entitled to damages for future pecuniary loss as a result of the decedent's death.
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Estate of Angelica Pesante v. Mundell, 1552 CA 06-00192,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Estate of Angelica Pesante v. Mundell, 1551 CA 06-00191,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Francher v. Long, 89 CA 06-01948,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Gale v. Bath Cent. Sch. Dist., 83 CA 06-02336,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: As no evidence was presented in the record by a proposed buyer of a parcel of land and an LLC, who was the buyer's assignee, that the parcel was being held for educational purposes, as specifically required by the deed, neither party could seek to extinguish the reversion pursuant to RPAPL 1955(1) because that statute did not apply.
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Garris v. K-Mart, Inc., 46 CA 01-02403,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Garris v. K-Mart, Inc., 45 CA 01-02399,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Getty v. Zimmerman, 110 CA 06-01802,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Court did not abuse discretion in ordering that plaintiff was precluded from offering evidence as to claims of lost wages, disability from employment activities, and matters related to employment. Willful and contumacious nature of conduct could be inferred from failure to comply with order and inadequate excuses for failure.
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Gross v. State of New York, 39 CA 06-01336,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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