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Blog Posts in May, 2007

53 results found. Viewing page 1 of 3. Go to page 1 2 3   Next

HOW MUCH FOR THAT CIRCUMCISION?

An infant was injured during the course of a circumcision performed by a doctor associated with the New York City Health & Hospitals Corporation (HHC), the country's largest municipal hospital and ...
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HOW CRUEL CAN YOU BE?

"Cruel and inhuman treatment." While we hear that phrase bantered about all the time -- since it's often fodder for movies, local newspapers, news shows and other television programs -- few ...
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IS PAPA A LIFE TENANT?

Would you believe there is such a thing as "oral life estates?" Well, they are alive and well in the state of New York! Basically, a life estate is a grant of an interest in property, for a ...
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LADDERLESS BUNKBED TRIGGERS LIABILITY

While you'll find legal textbooks filled with lofty (and often unintelligible) analysis on the topic, in its simplest form, a "duty of care" will arise when it is reasonably foreseeable that ...
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SADDLING UP HAS ITS RISKS

Cheryl A. Dalton was thrown from a horse named Patches and was injured in the fall. In a lawsuit filed against the riding facility, Adirondack Saddle Tours, Inc., (ASTI), Dalton alleged "strict ...
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IN SEARCH OF TRUTH

In Pantoja v. Universal Church of Truth, Julio Pantoja claimed that the Church had promised to sell him property that originally belonged to the institution but had been sold to another -- Seven ...
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WATCH THAT BUS!

Abdurrahman Kuris was standing on the median of an intersection waiting for the traffic light to change when he was struck and injured by a school bus's exterior mirror. As he proceeded toward the ...
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NOT A DAY OF THE CONDOR

In Condor Funding, LLC v Miles, Condor alleged that Ginger Miles had illegally sublet her rent-stabilized apartment in order to pursue a teaching assignment in the Lone Star State. Although the tenant ...
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THIS NAPPY AIN'T HAPPY!

Clara Nappy sued her former husband Nicholas Nappy in the Suffolk County Supreme Court for breach of contract. Apparently, Mr. Nappy had signed an agreement which provided as follows: I agree to pay ...
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PLEASE RELEASE ME ...

"Releases" afford people who have been sued (or threatened with a lawsuit) a form of "closure." These documents usually seek to ensure that once a claim is resolved, and all the ...
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HOSING YOUR HOME IMPROVEMENT CONTRACTOR

Have you ever had to deal with a home improvement contractor? It can be quite a nightmare. But do not despair. The displeasure need not be unilateral. A number of jurisdictions require home ...
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THEY PAVED PARADISE FOR THIS?

In 1986, the Academy of Medicine of Queens County sold its interest in a garage site but retained an easement, or right, to use 20 parking spots, free of charge, subject to "reasonable rules and ...
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JEHOVAH'S WITNESSES MUST PAY FOR WATER

For the past century, New York City real estate owned by a religious corporation "actually dedicated and used... exclusively as a place of public worship" is exempt from payment of certain ...
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WHAT'S IN YOUR WALLET?

On May 12, 2003, David Stillman filed a lawsuit against Scott St. John (and others) in the New York County Supreme Court. When St. John failed to respond to the complaint in a timely manner, Stillman ...
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YOUR "BEST EFFORTS" COULD GET YOU IN TROUBLE

Lawyers often spend months (or years) battling a case on a client's behalf, with the matter often getting resolved shortly before trial. The terms of that resolution will usually be embodied in a ...
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WHAT'S YOUR BRONX I.Q.?

We all know how "hot" Brooklyn real-estate is. And what a "cool" place that borough has become. While the Bronx still has a stigma for some. Don't be fooled by the negative hype. ...
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NO DAMAGES FOR LANDLORD'S WITHOLDING CONSENT TO SUBLEASE

May a tenant sue a landlord for compensatory damages -- like lost income -- as a result of a landlord's unreasonable refusal to consent to a sublease? According to the Appellate Term, First ...
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FIVE YEARS TO FIND DOCUMENTS?

A breach of contract case was marked off the New York County Supreme Court's trial calendar and dismissed after twelve months of inactivity. [CPLR 3404] Some five years later, when the plaintiff ...
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WHERE THERE'S WATER THEIR AIN'T NECESSARILY MOLD

Does a landlord's knowledge of a water leak in a tenant's apartment trigger liability for ensuing mold-related injuries? The Appellate Division, First Department, doesn't think so. In Litwack v. Plaza ...
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"TAKE MY WIFE, PLEASE!"

Henny Youngman, a popular comedian who got his start on radio in the late 1930's, would barrage his audience with one-liners, while playing a violin. He was particularly famous for his "wife ...
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ASIAN BAR FILES BRIEF IN LOPEZ-TORRES CASE

The battle in the Lopez-Torres case wages on. Judge Margarita Lopez-Torres had filed a federal lawsuit challenging the manner in which New York Supreme Court Justices were nominated for election. Both ...
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NO MORE CANNON FIRE IN HARLEM?

Did you know that firing a cannon while lowering the American Flag is protected speech? (We didn't either.) In Harlem Yacht Club v. New York City Environmental Control Board, the Harlem Yacht Club ...
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WAS IT CRACK OR NOT?

During the course of an arrest, a New York City Police Officer recovered from Bruce Sweeper's pants pocket a glass pipe which was thought to contain crack cocaine. The arresting officer's paperwork ...
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BASEBALL BATS, BROOMSTICKS & INTIMIDATION, OH MY!

Noise is a bane to us all. It's often described as one of the ugly realities of urban living. But nothing is worse than having a noisy neighbor. Loud music, barking dogs, meowing cats, crying babies, ...
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TEMPLE FALTERS AT APPELLATE DIVISION

In 1988, the True Zion Gospel Temple, Inc. (TZGT) sought an order from the Queens County Supreme Court approving the transfer of certain real property to its president, who subsequently deeded the ...
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