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   State Courts - New York - January 24, 2006

  
Farmer v. City of New York, 2004-01973, 2004-09418, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Feola v. Carroll, 2004-09356 (Index No. 5935/04), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Since violation of N.Y. Penal Law § 260.10(1) did not always indicate a lack of moral integrity, a police officer could not be summarily dismissed under N.Y. Pub. Off. § 30(1)(e) for such a misdemeanor offense; a due process hearing under N.Y. Civ. Serv. Law § 75 was required before adverse action could be taken.

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Fontaine v. Matthews, 7654-7654A, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Overview: A judgment and award in favor of a client in a legal malpractice action was affirmed; the client's attorney did not appear at trial after suffering a stroke, and co-counsel's unpreparedness with respect to the medical aspects of the underlying case was a substantial factor for a no-damages verdict.

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Gainey v. Anorzej, 2004-10177 (Index No. 23742/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where defendant failed to show reasonable excusable neglect for his failure to appear or answer a complaint, and he did not deny that he had notice of a motion for leave to enter judgment due to defendant's default, his motion more than two years later to vacate the default pursuant to N.Y. C.P.L.R. 5015(a)(1) should have been denied.

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Gluck v. Fantastic, Inc., 2004-07904, 2005-00466, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Gonzalez v. Jamaica Hosp., 2004-06482 Index No. 9025/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Gray v. Macy's E., Inc., 7651 Index 104607/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Overview: A former employee's causes of action, arising out of the termination of her employment and escort from the former employer's premises by its security guards, were properly dismissed as barred by the exclusivity provisions of the Workers' Compensation Law (N.Y. Workers' Comp. Law §§ 11, 29(6)). The guards' presence was appropriate.

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Grimes v. Ward, 570847/05, SUPREME COURT OF NEW YORK, APPELLATE TERM, FIRST DEPARTMENT, January 24, 2006, Decided
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Gruppo v. London, 7664, Index 106336/02 105847/04 590478/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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Handlovic v. Bedford Park Dev., 2004-09586 (Index Nos. 5952/03, 76105/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: A trial court erred in granting summary judgment to a worker on the issue of liability on claims against a premises owner and contractor, alleging violations of N.Y. Lab. Law §§ 200, 241(6), and 240(1), as the worker did not raise triable issues of fact after the owner and contractor established their prima facie entitlement to summary judgment.

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