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State Courts -
New York - February 2, 2007
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Innovative Transmission & Engine Co., LLC v. Massaro, 1644 CA 06-02254,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Trial court erred in dismissing alleged conversion claims against defendants based on stipulation entered into in separate bankruptcy proceedings as stipulation did not expressly release defendants from liability as required by General Obligations Law § 15-108(a); thus, it permitted only monetary offset against damages awarded against defendants.
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Interface Solutions, Inc. v. Donoghue, 168 CA 06-01812,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Kimpland v. Camillus Mall Assoc., L.P., 171 CA 06-01667,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: In a negligence action, a property owner was erroneously granted summary judgment because it submitted no evidence to establish that it did not create or have actual or constructive notice of the black ice in its parking lot where plaintiff testified that he slipped and fell. The summary judgment was thus reversed, and the complaint was reinstated.
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Kozakiewicz v. Frontier Middle School, 194 CA 06-01768,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Lee v. ServiceMaster Company, 1505 CA 06-01963,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Trial court erred in granting employee partial summary judgment on employer's affirmative defenses because, assuming employee established that her negligence claim was not barred by Workers' Compensation Law §§ 11 and 29(6), the employer raised triable issues of fact regarding whether the employee was an ad hoc, de facto, and/or special employee.
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Lodestro v. Upstate Milk Coops., Inc., 63 CA 06-02582,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Because a state employee settled her negligence action for $20,000, the state insurance fund, which had paid the employee $196,000 in workers' compensation benefits and had assumed the entire cost of obtaining the recovery, was entitled to the net amount of the settlement, minus attorney's fees and costs. The trial court erred in finding otherwise.
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M.F. v. Delaney, 124 CA 06-01018,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Affirmative defenses alleging failure to mitigate damages, assumption of risk, or culpable conduct on part of plaintiffs, who were two and three years old when they moved out of premises at which they allegedly sustained injuries due to exposure to lead paint, were not available because infants of such young age were non sui juris as matter of law.
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Mack v. Pullum, 41 CA 06-02830,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Markowitz v. State of New York, 126 CA 06-01510,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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Overview: Trial court erred in granting State's cross motion for summary judgment dismissing inmate's negligence claims because, rather than dismissing psychiatric malpractice claims, court should have allowed inmate to serve certificate of merit under CPLR 3012-a, and inmate's notice of intention to file claim preserved his ordinary negligence claims.
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Matter of Abbi M. v. Carolann M., 79 CAF 05-02456,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, February 2, 2007, Decided , February 2, 2007, Entered
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