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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 |
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