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State Courts -
New York - January 31, 2006
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Ayach v. Ghazal, 2005-03450,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Because an injured party asserted that she suffered an aggravation of an underlying degenerative condition, and because the driver did not establish that the injured party's injury was not serious, as defined by N.Y. Ins. Law § 5102(d), the trial court properly granted summary judgment to the injured party.
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Blonder & Co. v. Citibank, N.A., 5170- 5171 Index 604642/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Trial court properly granted a bank's motion to dismiss a purchaser's action alleging that the bank wrongfully honored a commercial letter of credit based on fake documents, as the supporting documents presented to bank substantially complied with the terms of the letter of credit, in accordance with universally accepted standards.
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Broadie v. St. Francis Hosp., 2004-06705, (Index No. 423/00),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: No reasonable basis existed for jury to find proximate cause to decedent's death from doctor's alleged improper care in discharging morbidly obese patient in fair condition after he insisted on being released, or in not performing risky and invasive procedure; on appeal, doctor received judgment as a matter of law under N.Y. C.P.L.R. 4404(a).
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