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State Courts -
New York - January 31, 2006
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Iorizzo v. Mattikow, 2005-01469, (Index No. 3743/95),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Plaintiffs were entitled to entry of default judgment under N.Y. C.P.L.R. 3215 against a realty corporation and its president on a promissory note, although nine years had passed since those defendants were served, because there had been prolonged settlement negotiations and the president had moved without providing a change of address.
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Klein v. Robert's Am. Gourmet Food, Inc., 2003-00553, 2003-04748, 2003-04775, Index No. 6956/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Supreme court erred by denying an objector standing to challenge a class action settlement as the objector opted back in to challenge the settlement. Further, because the record was insufficient to permit an independent review on appeal, the case was remitted for further consideration and factual development relating to the settlement issues.
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Makaron v. Luna Park Hous. Corp., 2005-01945 (Index No. 8818/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: In an action to recover damages for personal injuries, in opposition to defendant's summary judgment motion, plaintiff failed to raise a triable issue of fact. Plaintiff's contention that shortly before his fall defendant created the hazardous condition when its employees cleared snow from the sidewalk, leaving black ice exposed, was speculative.
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