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30 Oct 2008, 6:05 pm
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on October 28, 2008, click on the links below Appeals Index followed by Motion Index Slip Opinions Clarence Jones v. 414 Equities LLC Et. [read post]
13 Dec 2010, 7:13 am by ADeStefano
The two-Judge dissent refused to require the "foreseeability" element, with Judge Acosta, who had concurred in the Court's earlier opinion in Jones v. 414 Equities LLC (57 AD3d 65 [1st Dept. 2008]), now stating "I... believe that a better approach would be to not read into the statute a forseeability requirement, lest we encourage contractors, as here, to take a head-in-the-sand approach to their statutory obligations. [read post]