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   State Courts - New York - February 2, 2006

  
Adams v. Heath, 7575 Index 20542/98, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Bay Crest Ass'n, Inc. v. DeLisi, HUCT 238-05, DISTRICT COURT OF NEW YORK, FIRST DISTRICT, SUFFOLK COUNTY, February 2, 2006, Decided
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Chatham v. City of New York, 7729, Index 24097/93, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided
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Overview: In an action for wrongful death arising out of an assault perpetrated by one resident of a home for emotionally disturbed children against another, defendants failed to meet their initial burden of showing prima facie that they could not have reasonably anticipated the assault. Their reliance on a staff member's testimony was misplaced.

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Commissioners of State Ins. Fund v. Munkacs Car Serv. Ltd., 15868/03, CIVIL COURT OF THE CITY OF NEW YORK, KINGS COUNTY, February 2, 2006, Decided
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Overview: Trial court granted motion of business that sought a judgment dismissing the state claimant's complaint seeking damages for an allegedly unpaid workers' compensation premium, as the documentary evidence that the state claimant provided was insufficient to establish the terms of the insurance agreement between the business and the state claimant.

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Delta Diagnostic Radiology, P.C. v. GEICO Ins. Co., 2005-765 N C., SUPREME COURT OF NEW YORK, APPELLATE TERM, SECOND DEPARTMENT, February 2, 2006, Decided
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Dhillon v. Bryant Assoc., 7572-7573 Index 6621/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Overview: Where jury awards for an injured person's past and future pain and suffering were more than twice what would have been fair and a loss of consortium award was seven times what was fair, reduction was appropriate pursuant to N.Y. C.P.L.R. 5501(c).

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Favia v. Weatherby Constr. Corp., 7735, 7735A Index 28621/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided , February 2, 2006, Entered
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Friedman v. Starwood Hotels & Resorts World Wide, Inc., 7727, Index 20351/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, February 2, 2006, Decided
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Grossman v. Beato, 2005-945 N C., SUPREME COURT OF NEW YORK, APPELLATE TERM, SECOND DEPARTMENT, February 2, 2006, Decided
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Kew Gardens NY, LLC v. Saltos, 2005-503 Q C., SUPREME COURT OF NEW YORK, APPELLATE TERM, SECOND DEPARTMENT, February 2, 2006, Decided
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