Valencia v. Sol Goldman Investments LLC
Appellate Division modifies order in elevator construction accident, granting dismissal of contractual indemnification claims against KONE while denying dismissal of negligence claims.
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New York
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Torres v. Occhino
Appellate Division reverses, dismissing comparative negligence defense in parking lot exit collision, finding defendant’s contradictory deposition testimony incredible as a matter of law.
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Suazo v. 501 Madison-Sutton LLC
Appellate Division modifies construction accident indemnification ruling, granting only conditional contractual indemnification and denying common-law indemnification summary judgment.
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Schnur v. Balestriere
Appellate Division affirms denial of motion to vacate note of issue for additional discovery including tax returns, finding defendants failed to show necessity.
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Robinson v. DeSouza
Appellate Division modifies summary judgment to find innocent passenger free from comparative negligence but vacates liability finding against City where drivers gave conflicting accounts.
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Ramone v. Frey
Appellate Division affirms summary judgment on fiduciary duty liability against Ramones Productions board member, finding confirmed binding mediation award established breach as a matter of law.
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Pettinato v. EQR-RiverTower, LLC
Appellate Division affirms denial of summary judgment, finding plaintiff’s fainting episode in shower was not a superseding cause that broke causal chain from defective shower door track.
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People v. Vanderhorst
Appellate Division affirms retention of adolescent offender case in Youth Part, finding extraordinary circumstances survived appeal waiver as jurisdictional issue and creating inter-departmental split.
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People v. Santiago
Appellate Division affirms denial of suppression motion, finding emergency doctrine justified warrantless entry after 911 report of shooting and physical evidence of firearm discharge from defendant’s apartment.
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People v. Prado
Appellate Division affirms level three SORA adjudication, holding that supervision and treatment factors already accounted for by risk assessment instrument cannot support downward departure.