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   State Courts - New York - January 24, 2006

  
NPR, LLC v. K.A.B.B., Inc., 2004-09313, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: A landlord's recovery of unpaid rent after a tenant vacated the premises prior to the expiration of the lease was affirmed; the landlord demonstrated its prima facie entitlement to judgment as a matter of law by offering evidence that a toxic mold condition had been timely abated and that the demised premises did not pose an environmental hazard.

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Ordonez v. New Gen, LLC, 23057/05, SUPREME COURT OF NEW YORK, QUEENS COUNTY, January 24, 2006, Decided
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Overview: Because the purchasers needed extrinsic evidence to prove their entitlement to a refund of their down payment on the purchase of real property and of their payment to a seller for certain improvements, their action did not qualify under N.Y. C.P.L.R. § 3213 for summary judgment in lieu of complaint.

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PT. Bank Mizuho Indon. v. PT. Indah Kiat Pulp & Paper Corp., 7643, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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People of the State of New York ex rel. Calvin Frett v. Warden, Rikers Is. Correctional Facility, 7646, Index 51986/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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People v. Breazil, 2002-07522 (Ind. No. 9013/95), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Defendant's U.S. Const. amend. IV rights were not violated by stop and frisk conducted on anonymous tip about robbery in progress as defendant was only person in location; police had information about crime in progress, not concealed criminal activity, and tip was reliable in asserting illegal activity in addition to description of person.

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People v. Burke, 2004-00592 (Ind. No. 2540/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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People v. Duran, 7671, Ind. 6106/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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People v. Foxworth, 7656, Ind. 7608/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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People v. Gambichler, 2004-05441, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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People v. Goode, 2005-00731, Ind. No. 04-00379, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: New York Drug Law Reform Act, 2004 N.Y. Laws ch. 738, applied prospectively only, so defendant whose offense was committed five months before law's effective date should not have been sentenced thereunder.

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