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| ADC Contr. & Constr. Corp. v. N.Y. City Dep't of Design & Constr., 7672,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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| Aimco Chelsea Land, LLC v. Bassey, 2004-08469,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Allstate Ins. Co. v. Burger King Corp., 7644-7645,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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| Beck v. Northside Med. , 2004-07515,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Because a hospital's expert opined that a consulting physician deviated from the accepted standards of medical care in failing to recognize the severity of the patient's condition and in advising an emergency room doctor not to admit the patient to a hospital, the trial court erred in setting aside a verdict in favor of the patient.
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| Benefield v. Halmar Corp., 2004-01287,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Since a damage award was excessive, court ordered new trial on damages unless injured worker agreed to stipulated reduction; subcontractor was properly held liable in general contractor's third-party indemnification complaint, and a prior action holding that the contractor was not negligent precluded subcontractor form litigating that issue.
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| Beyel v. Console, 2004-08115,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In a personal injury action, summary judgment in favor of defendants on the ground that the injured party did not sustain a serious injury under N.Y. Ins. Law § 5102(d) was reversed; although a surgeon's report cited that he relied on the reports of MRI studies, those reports provided no support for the surgeon's conclusion.
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| Board of Educ. of Mamaroneck Union Free Sch. Dist. v. Attorney-General of State of New York, 2005-05730 (Index No. 9681/04) (Index No. 10481/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Because a school board's proposed use and reconfiguration of certain property respected the donors' expressed intent, and because N.Y. Est. Powers & Trusts Law § 8-1.1(f) authorized the Attorney General to represent the beneficiaries of a charitable disposition, the donors' grandson lacked standing to enforce the restrictions in the donors' deed.
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| Branca v. Department of Educ. of the City of New York, 7662 Index 7070/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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| Braun v. Rosenblum, 2005-00565 (Index No. 10996/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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