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Court of Appeals of New York - October 2005 Opinion Summaries

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Description Date Docket #

Andrea v. Arnone, Hedin, Casker, Kennedy and Drake

Court of Appeals of New York
Civil Procedure
Dismissal of an action for failure to comply with discovery orders is a dismissal "for neglect to prosecute the action" within the meaning of CPLR...
10/27/2005 109

In the Matter of New York City Asbestos Litigation

Court of Appeals of New York
Injury & Tort Law, Labor & Employment Law
The Port Authority does not owe a duty of care to a wife who has been allegedly injured from exposure to asbestos dust that her husband, a Port...
10/27/2005 135

In the Matter of the Estate of Murphy

Court of Appeals of New York

Under DRL section 117(2)(a), adopted children and their issue are ordinarily "strangers" to their birth relatives, and thus are excluded from class...
10/27/2005 137

Maroney v. N.Y. Cent. Mut.

Court of Appeals of New York
Injury & Tort Law, Insurance Law, Property Law & Real Estate
In determining uninsured premises liability, the phrase "arising out of" requires only that there be some causal relationship between the injury and...
10/27/2005 140

People v. Shulman

Court of Appeals of New York
Criminal Law & Procedure
Defendant's convictions for first-degree murder are affirmed over his claim that the trial court erred by rejecting his for cause challenges to...
10/25/2005 130

People v. Gomez

Court of Appeals of New York
Criminal Law & Procedure
A police officer may not conduct a destructive search of an automobile based on a suspect's general consent to search.
10/25/2005 133

Beechwood Restorative Care Ctr. v. Signor

Court of Appeals of New York
Attorney's Fees
The Equal Access to Justice Act is not applicable to Freedom of Information Law proceedings.
10/25/2005 136

Hiraldo v. Allstate Ins. Co.

Court of Appeals of New York
Injury & Tort Law, Insurance Law
When an insurer has issued renewal policies, non-cumulation clauses in the agreement limit the liability to the policy limits for one policy.
10/25/2005 139

Red Hook v. N.Y. City Bd. of Standards

Court of Appeals of New York
Civil Procedure, Construction, Government Law
In a challenge to the grant of a zoning ordinance, the Appellate Division erred when it refused to allow the proceeding to continue based on...
10/25/2005 168

McGuire v. Gamache

Court of Appeals of New York
Elections, Government Law
The nominating petition for a candidate of the Senior Citizens Party must be invalidated where a subscribing witness struck a portion of the petition...
10/24/2005 193

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