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https://www.courtlistener.com/api/rest/v3/opinions/5902851/
*449Order and judgment (one paper), Supreme Court, New York County (Barbara Jaffe, J.), entered October 27, 2011, which denied petitioners’ motion to vacate an arbitration award and granted respondents’ cross motion to confirm, unanimously affirmed, without costs. The penalty imposed by an arbitrator should be affirmed...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2437028/
678 S.W.2d 115 (1984) BUILDERS SAND, INC., Appellant, v. Mario TURTUR, Appellee. No. C14-83-261CV. Court of Appeals of Texas, Houston (14th Dist.). June 7, 1984. *117 Alan R. Lazor, Richie & Greenberg, Houston, for appellant. Bernard Wm. Fischman, Lackshin & Nathan, Houston, for appellee. Before JUNELL, MURPHY and SEAR...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902852/
Mercure, J. Cross appeals from an amended order of the Supreme Court (Conway, J.), entered April 7, 1987 in Albany County, which, inter alia, partially granted plaintiff’s motion for summary judgment. Defendants were employed as electrologists under the terms of identical employment contracts with plaintiff dated Octob...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902853/
Casey, J. Appeal from a judgment of the Supreme Court (Lynch, J.), entered June 1, 1987 in Schenectady County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to enforce certain alleged violations of the Zoning Code of the Town of Rotterdam. Pede Brothers, no...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902854/
Judgment, Supreme Court, New York County (Eileen A. *450Rakower, J.), entered May 4, 2010, denying the petition, inter alia, to annul respondents’ determination, which denied petitioner’s application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimou...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902855/
Casey, J. Appeal from that part of an order of the Supreme Court (Lynch, J.), entered March 25, 1987 in Schenectady County, which denied plaintiffs cross motion for a default judgment or summary judgment. *947Plaintiff appeals only from that portion of the order which denied his requested relief. Plaintiff failed to ap...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902856/
Casey, J. Appeal, in action No. 1, from an order of the Supreme Court (Travers, J.), entered June 5, 1987 in Rensselaer County, which denied defendant’s motion to, inter alia, amend its answer or dismiss the complaint. Cross appeals, in action No. 2, from an order of the Supreme Court (Keniry, J.), entered June 30, 198...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902857/
Harvey J. Appeal from an order of the Supreme Court (Dier, J.), entered May 27, 1987 in Warren County, which denied petitioners’ applica*951tion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim. The issue on appeal is whether petitioners should be granted leave to file a late notic...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902858/
Judgment, Supreme Court, New York County (Eileen A. *450Rakower, J.), entered May 4, 2010, denying the petition, inter alia, to annul respondents’ determination, which denied petitioner’s application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimou...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902859/
Levine, J. Appeal from a judgment in favor of claimants, entered January 30, 1987, upon a decision of the Court of Claims (Hanifin, J.). To complete the Route 17 Big Flats interchange, the State, pursuant to Highway Law § 30 and the EDPL, appropriated 1.116 acres in fee and .358 acre as a permanent dyke easement from a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902954/
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about April 5, 2011, which granted defendants Jose Tambunting, Miguel Tambunting and Jose Tambunting, Jr.’s motion to dismiss the second and fourth causes of action as *468against them, and order, same court and Justice, entered on or about J...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495499/
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 27 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEA...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902860/
Harvey, J. Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which sustained a sales and use tax assessment imposed under Tax Law articles 28 and 29. The issue on appeal is whether respondent’s determination...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902862/
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 12, 2011, which denied defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs cross motion for summary judgment as to the first, second and third causes of action, modified, on the law, to dismiss the first...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902863/
Moskowitz, J., dissents in part and concurs in part in a memorandum as follows: I dissent to the extent the majority (1) dismisses the breach of contract claims as vague and unenforceable; (2) permits the unjust enrichment claims to proceed; and (3) retains the claims against defendant Tahl individually. Although the a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902864/
Mercure, J. Appeal (1) from an order of the Supreme Court (Swartwood, J.), entered December 16, 1986 in Tompkins County, which, inter alia, granted defendant Gloria Thompson’s motion for summary judgment dismissing the complaint and amended complaint against her, and (2) from the judgment entered thereon. On April 29, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902865/
Levine, J. Appeal from a decision of the Workers’ Compensation Board, filed March 25, 1987. Claimant was employed as a plumber and laborer by the Village of Pawling, Dutchess County, from September 1982 to May 1983. His work required him to spend time in water-filled trenches and, as a result, his lower extremities wer...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902867/
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 12, 2011, which denied defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs cross motion for summary judgment as to the first, second and third causes of action, modified, on the law, to dismiss the first...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902868/
Moskowitz, J., dissents in part and concurs in part in a memorandum as follows: I dissent to the extent the majority (1) dismisses the breach of contract claims as vague and unenforceable; (2) permits the unjust enrichment claims to proceed; and (3) retains the claims against defendant Tahl individually. Although the a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902869/
Kane, J. P. Appeal from a judgment of the Supreme Court (Travers, J.), entered September 22, 1987 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Health denying certain retroactive adjustments in petitioner’...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902870/
Levine, J. Appeal from an order of the Family Court of Delaware County (Estes, J.), entered February 13, 1987, which denied petitioner’s motion to vacate or modify prior orders dismissing her paternity petitions. In March 1985, a paternity proceeding was commenced on behalf of petitioner by the Delaware County Departme...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902955/
Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered on August 6, 1986, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5). No opinion. Concur — Sullivan, J. P., Ross, Asch, Milonas and Kassal, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902956/
Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered on May 7, 1986, unanimously affirmed. Motion by appellant for leave to enlarge the record on appeal to include certain exhibits denied. No opinion. Concur — Sullivan, J. P., Ross, Asch, Milonas and Kassal, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902957/
Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered October 30, 1986, which denied the motion of the defendant-appellant Allan S. Gordon to set aside the jury verdict on the third cause of action awarding plaintiff $60,000 for emotional distress, and the judgment entered on December 15, 1986, awarding...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902958/
Motion and cross motions for leave to appeal to Court of Appeals granted, and defendant New York Infirmary’s cross motion denied insofar as it seeks reargument. Concur — Kupferman, J. P., Sullivan, Carro, Milonas and Rosenberger, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495524/
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX ...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902871/
OPINION OF THE COURT Per Curiam. Respondent was admitted to practice by the Second Judicial Department on December 18, 1967. On June 8, 1987, respondent was convicted, after trial, in the United States District Court for the Eastern District of New York, of multiple counts of embezzlement, in violation of 18 USC § 664;...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902872/
*457Judgment, Supreme Court, New York County (Geoffrey D. Wright, J), entered October 6, 2011, confirming an arbitral award, unanimously affirmed, with costs. Respondents Everlast World’s Boxing Headquarters Corp. and Everlast Worldwide, Inc. (Everlast) did not default by failing to timely answer the petition or by mov...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902874/
Sandler, J. (dissenting). In my opinion, subdivision (14) of CPL 330.20 (the Insanity Defense Reform Act of 1980) clearly authorized the proceeding that resulted in the hearing court’s finding that the defendant suffered from a dangerous mental disorder, as that term was defined in CPL 330.20 (1) (c)—a finding compelli...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902875/
OPINION OF THE COURT Weiss, J. Should a law firm be disqualified as counsel for a claimant *40in the Court of Claims because the firm also represents the State in a subsequent unrelated lawsuit? We think not and affirm the Court of Claims order denying the State’s disqualification motion. On October 11, 1983, claimant ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1191519/
737 P.2d 921 (1987) James L. PIERCE, Plaintiff, v. FRANKLIN ELECTRIC CO., an Indiana corporation, Defendant. No. 66982. Supreme Court of Oklahoma. May 5, 1987. Walter Jenny, Jr., Messrs. Babb, Nash & Christensen, Inc., Oklahoma City, for plaintiff. John F. McCormick, Jr., Randall G. Vaughan, Messrs. Pray, Walker, Jacks...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902876/
OPINION OF THE COURT Sullivan, J. P. This appeal presents the issue of whether a court has the power in a matrimonial action to appoint an independent appraiser to value marital property and to apportion the appraiser’s fees between the parties. We hold that it does and, accordingly, affirm the order appealed. The part...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902877/
*457Judgment, Supreme Court, New York County (Geoffrey D. Wright, J), entered October 6, 2011, confirming an arbitral award, unanimously affirmed, with costs. Respondents Everlast World’s Boxing Headquarters Corp. and Everlast Worldwide, Inc. (Everlast) did not default by failing to timely answer the petition or by mov...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902878/
OPINION OF THE COURT Levine, J. According to the petition and other supporting papers, petitioner, an attorney, was criminally charged but acquitted after trial of aggravated harassment, allegedly consisting of making repeated "hang-up” telephone calls to a former girlfriend. Following acquittal, petitioner obtained an...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902879/
OPINION OF THE COURT Asch, J. After attending a concert at Avery Fisher Hall, plaintiff Ceil Harris boarded a bus at the corner of 63rd Street and Columbus Avenue. The bus was crowded and plaintiff alleged that she was forced to stand in the front, next to a handrail near the windshield of the vehicle, with a crowd of ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902880/
OPINION OF THE COURT Yesawich, Jr., J. Section 210 of the Public Utility Regulatory Policies Act of 1978 (hereinafter PURPA) (16 USC § 824a-3) was enacted to foster the development of cogeneration and small power production facilities and thereby reduce this country’s dependence on fossil fuels (see generally, Matter o...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902881/
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered September 7, 2011, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied. Order, same court and Justice, entered September 6, 2011, which denied plaintiffs motion seeking...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902882/
OPINION OF THE COURT Mercure, J. Claimant contends that his employment was terminated on March 17, 1977 because he sustained a compensable injury. Workers’ Compensation Law § 1201 forbids employers from discharging or otherwise discriminating against employees who claim compensation for job-related injuries or who test...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902884/
OPINION OF THE COURT Ross, J. This appeal presents us with the issue of whether, in a Family Court juvenile delinquency proceeding, a newspaper reporter’s notes, which are not in the possession of the Presentment Agency, constitute Rosario material, which the Presentment Agency is required to obtain, in order that it c...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902885/
OPINION OF THE COURT Mollen, P. J. The primary issue presented by this appeal is whether Laws of 1983 (ch 755), which was enacted by the New York State Legislature in response to a request by the Town of Highlands (hereinafter the town) pursuant to NY Constitution, article IX, § 2 (b) (2) and Municipal Home Rule Law § ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902886/
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered September 7, 2011, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied. Order, same court and Justice, entered September 6, 2011, which denied plaintiffs motion seeking...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902888/
OPINION OF THE COURT Per Curiam. In April 1978 the plaintiff Patricia Ann Dooley (hereinafter the plaintiff) came under the care of the defendant, a psychiatrist, while she was hospitalized at a psychiatric institution after having made a suicide attempt. The plaintiff remained under the defendant’s care through July 1...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902890/
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about May 11, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed. Since no material facts were contested, the resentencing court was not required to conduct an evidentiary hearing (see People v Anonymous, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902891/
OPINION OF THE COURT Mercure, J. The principal issue to be resolved on this appeal is whether County Court denied defendants a fair trial by erroneously instructing the jury on the defense of temporary and lawful possession of a weapon. Viewing the evidence in a light most favorable to defendants, as we must with respe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902892/
OPINION OF THE COURT Kooper, J. In this case of first impression before a New York *122appellate court, we are called upon to select the appropriate limitations period to be applied to an action asserted under General Obligations Law § 11-101, the so-called "New York Dram Shop Act”. For the reasons that follow, we conc...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902895/
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about May 11, 2010, which denied defendant’s CPL 440.46 motion for resentencing, unanimously affirmed. Since no material facts were contested, the resentencing court was not required to conduct an evidentiary hearing (see People v Anonymous, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902896/
*140OPINION OF THE COURT Carro, J. Plaintiff Thomas Crimmins Contracting Co., Inc., and Cayuga Construction Co., a joint venture (hereinafter plaintiff or contractor), entered into a contract with the City of New York, acting through its agent the New York City Transit Authority, to construct a section of the proposed ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902898/
*167OPINION OF THE COURT Per Curiam. The petitioner, Departmental Disciplinary Committee for the First Judicial Department, moves for an order: (1) finding that the crime of which respondent has been convicted is a serious crime within the meaning of Judiciary Law § 90 (4) (d); (2) suspending respondent from the practi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902899/
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered February 24, 2010, convicting defendant, after a *461jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 13 years, concurrent with a term of 1 to 3 years for violation of probation, unanimously aff...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902900/
OPINION OF THE COURT Smith, J. This is an appeal from a judgment convicting defendant of the crime of manslaughter in the first degree and sentencing him to an indeterminate term of 8V3 to 25 years in prison. Because of two errors made by the trial court, we reverse and remand for a new trial. First, a charge on justi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902901/
OPINION OF THE COURT Sullivan, J. P. At issue in this action challenging their constitutionality is the propriety of preliminarily enjoining the implementation and enforcement of certain provisions of Laws of 1986 (ch 266, § 11), the Medical Malpractice Reform Act of 1986, requiring Medical Malpractice Insurance Associ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534809/
IN THE SUPREME COURT OF PENNSYLVANIA IN RE: : NO. 520 : APPOINTMENT TO THE CRIMINAL : CRIMINAL PROCEDURAL RULES PROCEDURAL RULES COMMITTEE : DOCKET ORDER PER CURIA...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/5902902/
Asch, J. (dissenting). The plaintiff Medical Malpractice Insurance Association (Association) was created by the New York Legislature in 1975 (L 1975, ch 109, § 17) to meet a crisis created by the withdrawal of the leading medical malpractice insurer from this market. The Association is an unincorporated and nonprofit g...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902903/
OPINION OF THE COURT Thompson, J. P. We address on this appeal, inter alia, whether loss of enjoyment of life is a compensable element of damages apart from a specific award of damages for pain and suffering. The trial court’s instructions to the jury and its submission of interrogatories permitted the jury to assess t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902904/
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered February 24, 2010, convicting defendant, after a *461jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 13 years, concurrent with a term of 1 to 3 years for violation of probation, unanimously aff...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902905/
OPINION OF THE COURT Casey, J. At issue on this appeal is whether Supreme Court abused its discretion by granting petitioner’s application pursuant to N-PCL 1510 (e), seeking to disinter decedent’s body, without holding a hearing on the issue of decedent’s wishes concerning his burial. We hold that, in the circumstance...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902907/
Order of the Supreme Court, New York County (Martin Evans, J.), entered on September 8, 1987, which, inter alia, dismissed the objections by appellant De Witt Nursing Home to the final accounting of petitioner-respondent Evert M. Olson, is unanimously modified on the law to the extent of vacating the dismissal of appel...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902910/
Order of the Supreme Court, New York County (Helen E. Freedman, J.), entered on Miay 6, 1987, which, inter alia, granted, without prejudice to plaintiffs’ rights under CPLR 205, defendants’ motion to dismiss the action based upon the pendency of another action in New Jersey, is modified on the law, the facts and in the...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902912/
— Order, Supreme Court, New York County (Martin Evans, J.), entered on or about October 21, 1986, affirmed, without costs and without disbursements. Concur — Sandler, J. P., Carro and Milonas, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902913/
Asch, J., dissents in part in a memorandum as follows: I agree with the Supreme Court’s grant of summary judgment to plaintiff on her causes of action. I would, however, also modify that court’s order to grant summary judgment dismissing defendant’s counterclaim. Plaintiff commenced this action for assault and battery ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902917/
Upon remittitur from the Court of Appeals, judgment, Supreme Court, Bronx County (John Reilly, J.), rendered on December 21, 1982, unanimously affirmed. No opinion. Concur — Murphy, P. J., Carro, Milonas, Rosenberger and Ellerin, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902918/
Appeals having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Judith J. Gische, J.), entered March *46516, 2012, and said appeals having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902919/
— Order, Supreme Court, Bronx County (Barry Salman, J.), entered on January 7, 1987, affirmed, without costs and without disbursements. Concur — Sandler, J. P., Sullivan and Carro, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902920/
Milonas and Smith, JJ., dissent in a memorandum by Smith, J., as follows: I would reverse and remand for a hearing to determine whether actual notice was received by the city. Plaintiff was allegedly injured on or about May 21, 1985 when a building owned by the city collapsed. At the time, work was allegedly being done...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902922/
Order, Supreme Court, New York County (Dorothy Cropper, J.), entered May 8, 1985, granting defendants’ motion to suppress a gun, is unanimously reversed, on the law, and the motion to suppress denied. The facts, as adduced from the testimony of the sole witness at the hearing, Detective Frank Aiello, are as follows: At...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902970/
Judgments, Supreme Court, New York County (James J. Leff, J.), rendered October 20, 1986, convicting defendants of conspiracy in the fourth degree and sentencing them to indeterminate terms of imprisonment of from 1 to 4 years, affirmed. The case is remitted to the Supreme Court, New York County, for further proceeding...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/194476/
January 5, 1993 United States Court of Appeals For the First Circuit No. 92-1558 DAMARIS RIVERA-RUIZ, Plaintiff, Appellant, v. LEONARDO GONZALEZ-RIVERA, E...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/6495511/
Filed 6/27/22 P. v. Randall CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not bee...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902926/
Order, Supreme Court, New York County (Alvin F. Klein, J.), entered September 3, 1987, which, inter alia, vacated and canceled an undertaking to discharge a notice of mechanic’s lien filed by plaintiff and discharged defendant S & H 88th Street Associates and its surety of all liability on the undertaking, unanimously ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902927/
this transferred CPLR article 78 proceeding, determination, dated August 27, 1986, of respondent Police Commissioner of the City of New York finding petitioner guilty of seven charges and specifications, including striking a civilian and wrongfully issuing summonses for disorderly conduct and harassment, and suspending...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2129467/
770 F. Supp. 1281 (1991) FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity, Plaintiff, v. V. Edgar STANLEY, Robert Marcuccilli, Judith Stanley, David DeHart, Dan Stanley, Gilbert Bierman, and John Boley, Defendants. Civ. No. F 87-325. United States District Court, N.D. Indiana, Hammond Division. July 19,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902928/
Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered January 6, 2011, convicting defendant, after a jury trial, of robbery in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 3 1/2 years, unanimously affirmed. Defendant’s ineffective ass...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2076454/
34 Ill. App. 3d 799 (1975) 340 N.E.2d 662 THE PEOPLE ex rel. GEORGE W. ENDICOTT, Plaintiff-Appellant, v. A.M. "PETE" HUDDLESTON et al., Defendants-Appellees. No. 75-213. Illinois Appellate Court — Fifth District. December 3, 1975. Supplemental opinion upon denial of rehearing January 16, 1976. *800 Richard Kruger, of M...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902929/
Order, Supreme Court, Bronx County (Barry Salman, J.), entered on February 4, 1987, and judgment of said court, entered on March 17, 1987, unanimously affirmed, without costs and without disbursements and without prejudice to an application at trial court to amend the amount of the judgment against Manhattan and Bronx ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902930/
— Order, Supreme Court, Bronx County (Gerard E. Delaney, J.), entered October 1, 1986, which granted the posttrial motion of defendants Lawrence C. Meyer and the City of New York to set aside the jury’s verdict only to the extent of directing the entry of judgment against the Manganiello defendants and ordering a trial...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902931/
Judgment, Supreme Court, Bronx County (Burton Hecht, J.), entered on or about June 3, 1987, unanimously affirmed, without costs and without disbursements. Appeal from order of said court entered on or about August 12, 1987, unanimously dismissed as nonappealable, without costs and without disbursements. No opinion. Con...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902932/
Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered January 6, 2011, convicting defendant, after a jury trial, of robbery in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of 3 1/2 years, unanimously affirmed. Defendant’s ineffective ass...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902933/
This is a proceeding brought pursuant to CPLR article 78 which seeks an order transferring a case from Justice Wilk to 1 of the 5 City Parts in the Supreme Court of New York County on the grounds that transfer is required by (1) section 202.3 (c) (2) of the Uniform Rules for Trial Courts (22 NYCRR), (2) the IAS Manual ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902934/
Sullivan, J. P., and Ross, J., dissent in a memorandum by Sullivan, J. P., as follows: In this CPLR article 78 proceeding petitioners, defendants in the recently filed underlying action brought by the City of New York, seek to have that action transferred pursuant to section 202.3 (c) (2) of the Uniform Rules for Trial...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902935/
Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), rendered December 20, 1983, which convicted defendant, following a jury trial, of attempted murder in the second degree, two counts of robbery in the first degree, robbery in the second degree, two counts of assault in the first degree and two counts of...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902981/
*469Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered March 15, 2012, which, to the extent appealed from as limited by the briefs, denied the Reinosa defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appellants failed to demonstrate as a matter of ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902937/
Order, Appellate Term of the Supreme Court, First Department, entered October 20, 1986, which affirmed the order of the Civil Court, New York County (Joseph Slavin, J.), entered, after a jury trial, on November 18, 1985, granting defendant judgment against the plaintiffs dismissing the complaint, unanimously reversed, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902938/
Order of disposition, Family Court, Bronx County (Fernando H. Silva, J.), entered on or about February 17, 2012, which, following a fact-finding determination that respondent mother abandoned her child, terminated her parental rights to the child, and transferred guardianship and custody of the child to petitioner agen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902940/
Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on June 10, 1986, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel is granted. (See, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counse...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902941/
Metro Containers, Inc., et al., Third-Party Defendants-Appellants.— Order, Supreme Court, Bronx County (Irma Vidal Santaella, J.), entered January 29, 1987, granting a motion by the third-party plaintiffs-respondents for reargument of a prior motion in which respondents had sought to amend their third-party complaint t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/186759/
458 F.3d 1 UNITED STATES of America, Appelleev.Matthew WEST, a/k/a Titus Shackleford, Appellant. No. 05-3070. United States Court of Appeals, District of Columbia Circuit. Argued January 12, 2006. Decided August 15, 2006. James W. Beane, Jr., appointed by the court, argued the cause and filed the briefs for appellant....
01-03-2023
02-05-2011
https://www.courtlistener.com/api/rest/v3/opinions/4534821/
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEAL...
01-03-2023
05-15-2020
https://www.courtlistener.com/api/rest/v3/opinions/5902942/
Order of disposition, Family Court, Bronx County (Fernando H. Silva, J.), entered on or about February 17, 2012, which, following a fact-finding determination that respondent mother abandoned her child, terminated her parental rights to the child, and transferred guardianship and custody of the child to petitioner agen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902947/
Judgment, Supreme Court, New York County (Debra A. James, J.), entered March 1, 2012, dismissing the complaint pursuant to an order, same court and Justice, entered June 21, 2011, which granted defendant’s cross motion for summary judgment dismissing the complaint, and denied plaintiffs motion to strike or preclude as ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902948/
Order of the Supreme Court, New York County (Alvin F. Klein, J.), entered June 5, 1987, which, inter alia, granted the defendants-respondents’ cross motion for a protective order striking 12 interrogatories addressed to each of the individual defendants, is unanimously reversed, to the extent appealed from, on the law,...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902950/
Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about May 1, 1987, unanimously affirmed. Respondent shall recover of appellant $50 costs and disbursements of this appeal. Motion by appellant to enlarge the record on appeal to include a supplemental appendix granted. No opinion. Concur —...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902951/
Judgment, Supreme Court, New York County (Debra A. James, J.), entered March 1, 2012, dismissing the complaint pursuant to an order, same court and Justice, entered June 21, 2011, which granted defendant’s cross motion for summary judgment dismissing the complaint, and denied plaintiffs motion to strike or preclude as ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902959/
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about April 5, 2011, which granted defendants Jose Tambunting, Miguel Tambunting and Jose Tambunting, Jr.’s motion to dismiss the second and fourth causes of action as *468against them, and order, same court and Justice, entered on or about J...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1491166/
100 S.W.3d 847 (2003) Marty Paul MAYFIELD, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant. No. 24902. Missouri Court of Appeals, Southern District, Division Two. February 25, 2003. Petition for Rehearing and Transfer Denied March 18, 2003. Application for Transfer Denied April 22, 2003. *848 Jeremi...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5902961/
Application for coram nobis and other relief denied. Concur — Kupferman, Sandler, Sullivan and Kassal, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902962/
Murphy, P. J., dissents and would grant the writ to the extent of affording defendant a new appeal only on the issues pertaining to the propriety of his sentence.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902964/
Appeal from a judgment of the Supreme Court, New York County (Luis M. Ñeco, J.), rendered on May 27, 1983, convicting defendant, upon his plea of guilty, of burglary in the second degree and sentencing him as a predicate felony offender to an indeterminate term of impris*270onment of from 3 Vi to 7 years held in abeyan...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902965/
Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered on January 10, 1986, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel is granted. (See, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned couns...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902968/
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 26, 1987, which granted defendant’s motion for a change of venue from Bronx County to Dutchess County, is unanimously reversed, on the law, on the facts, and in the exercise of discretion, and the motion is denied, without costs. Appeal from order of th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5902969/
Appeal from order of protection, Family Court, New York County (Susan Knipps, J.), entered on or about October 13, 2010, which, among other things, directed that respondent father stay away from the mother and her home, and refrain from communicating with her by any means, until December 1, 2010, unanimously dismissed,...
01-03-2023
01-13-2022