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State Courts -
New York - January 24, 2006
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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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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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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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