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| Vasta v. Home Depot, 2005-00264,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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| Vitarelli v. Excel Automotive Tech. Ctr., Inc., 2005-04880 Index No. 11088/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: There was a triable issue of fact regarding whether a tenant would suffer a substantial forfeiture if its exercise of the option to purchase the premises were not deemed effective. Accordingly, the trial court properly denied the landlord's motion for summary judgment and the tenant's cross motion for summary judgment on its counterclaims.
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| Warburg, Pincus & Co. v. QoS Networks, Ltd., 7037N-7038N,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Overview: Pursuant to N.Y. Comp. Codes R. & Regs. tit. 22, § 202.8, where party seeking stay of New York action pending outcome of Georgia action failed to mention that there were several related actions pending in New York also, motions court should have transferred action to judge handling other New York cases.
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| West Side 95 Manor Assoc. v. Braxton, 95630/05,
CIVIL COURT OF THE CITY OF NEW YORK, NEW YORK COUNTY, January 24, 2006, Decided
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| Zito v. Zabarsky, 2004-01148,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In malpractice case, court erred in excluding testimony under Frye; while plaintiff's experts did not produce medical literature expressly supporting their view that excessive dose of cholesterol-lowering drug caused plaintiff to develop disease, they supported theory of causal nexus with generally accepted scientific principles and existing data.
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| Zoo Holdings, LLC v. Clinton, 107415/04,
SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 24, 2006, Decided
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