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   State Courts - New York - January 31, 2006

  
9394, LLC v. Kehler, 2004-08005, Index No. 9307/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: The trial court correctly dismissed plaintiffs' claim alleging trespass and correctly determined that plaintiffs failed to establish nuisance based on negligence. The evidence at trial supported the determination that defendants acted reasonably in light of the foreseeable consequences of their actions in their reconstruction of a dock.

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Aurora Loan Servs, LLC. v. Cambridge Home Capital, LLC, 10591/05, SUPREME COURT OF NEW YORK, NASSAU COUNTY, January 31, 2006, Decided
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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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Bregman v. Finn, 2004-09085, (Index No. 23048/98), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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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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Browdame v. Candura, 2004-08834, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: In a personal injury action, defendants failed to establish prima facie that plaintiff did not sustain a serious injury under N.Y. Ins. Law § 5102(d); an orthopedist's report failed to specify the degree of range of motion in plaintiff's cervical spine in support of his conclusion that plaintiff did not sustain a serious injury.

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Cantor Fitzgerald, L.P. v. Severance, 7082, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided
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Corrado v. Rubine, 2004-09508, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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DeVito v. Oi Ying Ho, 2004-04490, 2004-11174 (Index No. 8591/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Since an injured party conceded that he was not entitled to an award of past lost earnings and that the sum awarded for past medical expenses was not supported by the evidence, the awards were reduced; the jury's zero award for future pain and suffering was not against the weight of the evidence.

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