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https://www.courtlistener.com/api/rest/v3/opinions/5903616/
Judgment modified on the law and as modified affirmed with costs to plaintiff against defendant Milleville, in accordance with memorandum. All concur, Callahan, J. P., not participating. Memorandum: In this action to enforce its security interest in certain livestock, plaintiff seeks $10,000 damages for defendant Mille...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903617/
—Judgment unanimously affirmed without costs for reasons stated at Special Term, Parker, J. (Appeal from judgment of Supreme Court, Oneida County, Parker, J. — specific performance.) Present — Callahan, J. P., Denman, Green, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903618/
Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered December 22, 2009, as amended January 19, 2010, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed. The court’s Sandoval ruling balanced the appropriate facto...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903619/
Order unanimously affirmed with costs for the reasons stated at Special Term, Donovan, J. (Appeal from order of Supreme Court, Oswego County, Donovan, J.— summary judgment.) Present — Callahan, J. P., Denman, Green, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903620/
Order modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Lake Ontario Prod. Credit Assn, v Partnership of Grove ([appeal No. 1], 138 AD2d 930 [decided herewith]). All concur, Callahan, J. P., not participating. (Appeal from order of Supreme Court, Niagara County, Cook, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903621/
Judgment unanimously reversed on the law and facts, motion granted in accordance with memorandum, and matter remitted to Supreme Court, Monroe County, for further proceedings on the indictment. Memorandum: It was error for the court to deny defendant’s motion to suppress certain of the items seized in a search of his r...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903623/
Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [4]) for selling LSD to a police informant. The evidence amply supports the verdict. An accomplice testified that defendant supplied the LSD and set the price of the sal...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903624/
Order, Supreme Court, New York County (Martin Shulman, J.), entered on or about January 26, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendants the Comvest Group, Comvest Investment Partners, Cynergy Holdings LLC, Cynergy Data, LLC, and Cynergy Prosperity Plus, LLC, (coll...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534908/
Case: 19-10667 Document: 00515418401 Page: 1 Date Filed: 05/15/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/4417384/
[J-72A-2018, J-72B-2018, J-72C-2018, J-72D-2018, J-72E-2018, J-72F-2018, J-72G- 2018 and J-72H-2018] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. PENNSYLVANIA RESTAURA...
01-03-2023
07-17-2019
https://www.courtlistener.com/api/rest/v3/opinions/5903626/
Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction of criminal possession of stolen property in the first degree (Penal Law § 165.50). He contends that reversal is mandated by the trial court’s failure to charge as a lesser included offense the crime of unauthorized use of a motor vehicle ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534915/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/5903628/
Judgment unanimously affirmed with costs for reasons stated at Supreme Court, Steuben County Court, Purple, J. (Appeal from judgment of Supreme Court, Steuben County, Purple, J. — declaratory judgment.) Present — Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903629/
Order, Supreme Court, New York County (Martin Shulman, J.), entered on or about January 26, 2011, which, to the extent appealed from as limited by the briefs, granted the motion of defendants the Comvest Group, Comvest Investment Partners, Cynergy Holdings LLC, Cynergy Data, LLC, and Cynergy Prosperity Plus, LLC, (coll...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903654/
Order unanimously affirmed for reasons stated in memorandum decision at Supreme Court, Mark, J. (Appeal from order of Supreme Court, Monroe County, Mark, J. — suppression.) Present — Dillon, P. J., Callahan, Pine, Lawton and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903630/
Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: In this CPLR article 78 proceeding, petitioner challenges a prison disciplinary determination that he violated a departmental regulation prohibiting inmates from being "out of place in any area of the facili...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903631/
— Order unanimously affirmed. Memorandum: Even if the police properly stopped defendant for a traffic infraction, the information which they had did not justify the frisk which resulted in the discovery of cocaine on defendant’s person. At most the police knew that two days earlier a reliable informant had reported tha...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903632/
Decree unanimously modified on the law and as modified, affirmed without costs, in accordance with the following memorandum: It was an improvident exercise of discretion for the Surrogate to disallow $5,000 of the fees to be paid to the attorney for the estate *940pursuant to the stipulation of the estate beneficiaries...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534916/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/5903635/
Order and judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the following memorandum: Niagara Mohawk Power Corporation brought this proceeding to acquire a strip of land across respondents’ property for the construction and maintenance of power lines. In its a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903636/
Order affirmed without costs. Memorandum: Special Term properly granted defendant partial summary judgment on the issue of liability on its counterclaim for breach of contract. Defendant met its initial burden of showing entitlement to summary judgment as a matter of law. It was thus incumbent upon plaintiff to present...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903637/
Order unanimously affirmed without costs for the reasons stated in memorandum decision at Special Term, Lynch, J. (Appeal from order of Supreme Court, Jefferson County, Lynch, J. — summary judgment.) Present— Callahan, J. P., Denman, Boomer, Pine and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903638/
Judgment unanimously affirmed. Memorandum: Defendant moved to suppress statements he made to police officers on the ground that they had been taken in violation of his right to counsel. The suppression court properly denied defendant’s motion. Defendant failed to show that either police officer witness had actual knowl...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4415214/
[Cite as State v. Stevens, 2019-Ohio-2808.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE OF OHIO C.A. No. 29131 Appellee...
01-03-2023
07-10-2019
https://www.courtlistener.com/api/rest/v3/opinions/5903639/
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 21, 2012, which granted so much of plaintiffs motion as sought summary judgment on the issue of defendant’s liability and ordered a trial on damages, unanimously affirmed, with costs. In this action for the return of funds paid to defendant for th...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903655/
Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated at Onondaga County Family Court (Buck, J.). We add only that the constitutional issue which respondent seeks to raise for the first time on appeal is not properly before us. Were we to reach that issue, however, we would find it to be wi...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903642/
Judgment unanimously affirmed. Memorandum: The trial court properly determined that the District Attorney did not grant defendant transactional immunity. The promise of immunity made to defendant was conditioned upon defendant’s testifying before a Grand Jury, and the court’s finding that defendant refused to testify b...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903643/
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about October 26, 2011, which denied plaintiffs’ motion for summary judgment, unanimously affirmed, with costs. Plaintiffs failed to establish their entitlement to judgment as a matter of law by showing that they either performed under the contr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903644/
Determination unanimously confirmed and petition dismissed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the propriety of the determination of the Commissioner of Motor Vehicles revoking petitioner’s license and driving privileges following a hearing held pursuant to Vehicle and T...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2078737/
255 Md. 139 (1969) 257 A.2d 184 CRUIS ALONG BOATS, INC. v. LANGLEY T/A LANGLEY'S MARINA [No. 3, September Term, 1969.] Court of Appeals of Maryland. Decided October 8, 1969. The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN and SMITH, JJ. *140 Martin L. Blatt, with whom were Blatt, Blatt & Consalvo ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1362835/
596 P.2d 739 (1979) Ben ROUNTREE, Clarence Chapman, Kenny Heinz, Guy Iuppa, Robert Johnson, Manual D. Salazar, R. N. Madrill, and M. L. Croucher, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, a Municipal Corporation, Defendant-Appellee. No. 27990. Supreme Court of Colorado, En Banc. May 14, 1979. Rehearing D...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/195663/
37 F.3d 25 JORGE RIVERA SURILLO & CO., INC., Plaintiff-Appellant,v.FALCONER GLASS INDUSTRIES, INC., et al., Defendants-Appellees. No. 94-1047. United States Court of Appeals,First Circuit. Heard Aug. 4, 1994.Decided Oct. 12, 1994. Rafael Baella-Silva, with whom Luis Barcelo-Gener and Baella & Barcelo, Hato Rey, PR, we...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/195674/
37 F.3d 1484NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases. UNITED STATES of America, Appellee,v.George P. AMADO, Defendant, Appellant. No. 93-2005 United States Court of Appeals,First Circuit. Oct. 19, 1994 Appeal from the United States District Court for the ...
01-03-2023
02-07-2011
https://www.courtlistener.com/api/rest/v3/opinions/4534923/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/5907542/
Appeals from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), dated December 8, 2011 in a personal injury action. The order denied the motion of third-party defendant for summary judgment, denied the motion of defendant City of Buffalo for summary judgment and denied in part the cross motion of defend...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495490/
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/8076481/
No opinion. Decree of Surrogate’s Court affirmed, with costs to the respondent, Elizabeth A. Garlock, payable out of the estate. No other costs allowed.
01-03-2023
09-09-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903646/
Order unanimously reversed on the law without costs and summary judgment granted defendant dismissing the complaint. Memorandum: In June of 1976, plaintiff, a City of Niagara Falls police officer, was convicted of two misdemeanor counts of perjury for making false statements in an affidavit submitted in support of an a...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903647/
Appeal unanimously dismissed as academic (see, 10 Carmody-Wait 2d, NY Prac § 70:80). (Appeal from order of Supreme Court, Monroe County, Patlow, J. — summary judgment.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903648/
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about October 26, 2011, which denied plaintiffs’ motion for summary judgment, unanimously affirmed, with costs. Plaintiffs failed to establish their entitlement to judgment as a matter of law by showing that they either performed under the contr...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903649/
Judgment affirmed with costs to plaintiff. Memorandum: The County of Erie, Legislature of the County of Erie and B. John Tutuska, as County Executive of Erie County (hereinafter defendant) appeal from a judgment, after a jury trial, which awarded plaintiff, Kenford Company, Inc., damages in the sum of $6.5 million for ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903651/
Judgment unanimously affirmed for reasons stated at Supreme Court, Dadd, J. (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present —Dillon, P. J., Callahan, Pine, Lawton and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903652/
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant contends that it was error for the trial court to permit impeachment of his testimony based on his failure to advise the District Attorney of his alibi at a postarrest meeting where he denied his participation in the crime. We agree. ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/2077530/
995 A.2d 721 (2010) 414 Md. 419 Carman DICKERSON, Personal Representative of the Estate of Carter Bradley v. Ricardo LONGORIA, et al. No. 74, Sept. Term, 2009. Court of Appeals of Maryland. May 24, 2010. *725 Leah M. Nicholls (Institute for Public Representation Georgetown University Law Center, Deepak Gupta of Public ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5907543/
Judgment, Supreme Court, Bronx County (Burton Hecht, J.), rendered on August 6, 1985, 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/5903656/
Judgment affirmed. All concur, Callahan, J., not participating. Memorandum: Defendant appeals from a judgment convicting him of one count each of robbery in the first degree and rape in the first degree, and two counts of sodomy in the first degree, arguing that the prosecutor improperly exercised his peremptory challe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903658/
Order, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered on or about October 28, 2011, which, among other things, granted petitioner’s motion for partial summary judgment approving a portion of his accounting as co-executor of the deceased’s estate, unanimously affirmed, without costs. The Surrogate co...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4153254/
C-Track E-Filing The Supreme Court of Nevada Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
03-16-2017
https://www.courtlistener.com/api/rest/v3/opinions/4415216/
[Cite as Estate of Gravis v. Coffee, 2019-Ohio-2806.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) ESTATE OF WILLIAM O. GRAVIS ...
01-03-2023
07-10-2019
https://www.courtlistener.com/api/rest/v3/opinions/1362971/
470 F. Supp. 911 (1978) VISOR BUILDERS, INC., Plaintiff, v. DEVON E. TRANTER, INC., Mount Carmel Area School District, and Aetna Casualty and Surety Company, Defendants. Civ. No. 76-1462. United States District Court, M. D. Pennsylvania. December 14, 1978. *912 *913 *914 *915 Lewis H. Markowitz, York, Pa., for plaintif...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/5903659/
Order affirmed with costs. All concur, Callahan, J., not participating. Memorandum: Summary judgment dismissing the complaint against defendant Schumacher, doing business as Mike’s Service, was properly granted. Approximately one year before the accident Schumacher performed a New York State motor vehicle inspection on...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907544/
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered on June 12, 1986, unanimously affirmed. Motion by appellant for leave to file a *604supplemental brief denied. No opinion. Concur — Kupferman, J. P., Sullivan, Ross, Asch and Wallach, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823561/
Blasting explosives.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903660/
Order unanimously reversed on the law with costs and defendant’s motion granted. Memorandum: Special Term erred in denying defendant’s motion for summary judgment dismissing the complaint on the ground that the cause of action may not be maintained because of the Statute of Frauds. The complaint alleges that the partie...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903661/
Judgment unanimously *956modified on the law and as modified affirmed, in accordance with the following memorandum: The People concede that the trial court erred by refusing to charge the lesser included offense of attempted assault in the second degree with respect to the charges contained in the first two counts of t...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903662/
Judgment affirmed with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with memorandum. All concur, Callahan, J., not participating. Memorandum: There is no merit to any of the issues raised by defendant on appeal and thus there must be an affirmance. The parties acknow...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903664/
— Order unanimously reversed on the law, defendant’s motion denied, and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: The court erred in suppressing evidence of defendant’s driving while intoxicated based on its finding that there was no probable cause to stop his vehicle...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907545/
Order, Supreme Court, New York County (Edward Greenfield, J.), entered on June 15, 1987, unanimously affirmed for the reasons stated by Edward Greenfield, J., without costs and without disbursements. Concur — Murphy, P. J., Sandler, Carro, Milonas and Rosenberger, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823562/
Process for the treatment of textiles and the products obtained.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903666/
Order unanimously affirmed without costs. Memorandum: Special Term properly dismissed the complaint for lack of personal jurisdiction (CPLR 3211 [a] [8]). Plaintiffs, through their agent the Niagara County Sheriff, did not effect substituted service under CPLR 308 (4) because, at the time service was attempted, the sta...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903668/
Order insofar as appealed from *959unanimously reversed on the law without costs and application denied. Memorandum: The court’s award of temporary child support must be reversed. Defendant proceeded by order to show cause. Plaintiff’s attorney was served with the order to show cause four days before its return date. W...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903669/
Appeal unanimously dismissed as moot, without costs. (Appeal from order of Supreme Court, Cattaraugus County, Horey, J. — support.) Present — Callahan, J. P., Doerr, Denman, Green and Balio, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903670/
Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered May 30, 2012, following a trial, declaring that plaintiffs were not in default under the *536sublease, dismissing defendants’ affirmative defenses and counterclaims, and permanently enjoining defendant from taking any action to...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534925/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/4534927/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/6495550/
06/27/2022 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 20, 2022 Session DELRICK BLUE ET AL. v. CHURCH OF GOD SANCTIFIED, INC., ET AL. Appeal from the Chancery Court for Maury County ...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903673/
Order unanimously affirmed without costs. Memorandum: Plaintiff constructed a storefront on real property leased by defendants John and Georgene Pekala from defendant Danbury Mall Associates Limited Partnership in a shopping center located in Danbury, Connecticut. When the Pekalas refused to pay plaintiff the full cont...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903674/
Order insofar as appealed from unanimously reversed on the law without costs, defendant’s motion granted and complaint dismissed in its entirety. Memorandum: The court erred by denying defendant’s motion for summary judgment dismissing the complaint in its entirety. Plaintiff alleged that she was injured while hanging ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903675/
Appeal from order, Supreme Court, New York County (Joan B. Lobis, J.), entered July 6, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, deemed an appeal from judgment, same court and Justice, entered August 14, 2012, dismissing the complaint, and, so considered, said judgment unanim...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/4534926/
C-Track E-Filing Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
05-16-2020
https://www.courtlistener.com/api/rest/v3/opinions/6826262/
OPINION MARGOLIS, Judge. In this contracts case, plaintiffs Pacifi-corp Capital, Inc. (Pacificorp) and Lanier Business Products, Inc. (Lanier) seek $77,-746.98 plus interest, costs, and attorney’s fees, for alleged breaches of federal lease to ownership plan (FLTOP) contracts that Lanier entered into with four governme...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903677/
Order unanimously affirmed without costs. Memorandum: The Court of Claims properly denied defendant’s motion to dismiss the claim herein on the grounds that (1) claimant’s conviction was not reversed on one of the limited grounds set forth in the Unjust Conviction and Imprisonment Act (Court of Claims Act § 8-b) and (2...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/557244/
927 F.2d 969 Helen CHASTAIN, Widow of Donald Chastain, Petitioner,v.FREEMAN UNITED COAL MINING COMPANY and Director, Office ofWorkers' Compensation Programs, United StatesDepartment of Labor, Respondents. No. 88-3381. United States Court of Appeals,Seventh Circuit. March 14, 1991. Before CUDAHY, FLAUM and RIPPLE, Circ...
01-03-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/5903678/
Appeal unanimously dismissed as moot (see, mem in Ivey v State of New York [appeal No. 1], 138 AD2d 962 [decided herewith]). (Appeal from order of Court of Claims, NeMoyer, J. — discovery.) Present — Callahan, J. P., Doerr, Denman, Green and Balio, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903679/
Order unanimously reversed on the law, defendant’s motion pursuant to CPL article 440 granted, consecutive sentence vacated and concurrent sentence imposed, in accordance with the following memorandum: Defendant pleaded guilty to two counts of criminally negligent homicide (Penal Law § 125.10) and one count of driving ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903680/
Appeal from order, Supreme Court, New York County (Joan B. Lobis, J.), entered July 6, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, deemed an appeal from judgment, same court and Justice, entered August 14, 2012, dismissing the complaint, and, so considered, said judgment unanim...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903681/
Judgment unanimously modified on the facts by increasing claimant’s damages for pain and suffering to the sum of $100,000 with appropriate interest, and as modified affirmed without costs. Memorandum: The court awarded claimant the sum of $28,500 as damages for pain and suffering on his causes of action for negligent u...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903682/
Order unanimously affirmed without costs for reasons stated at Supreme Court, Scudder, J. (Appeal from order of Supreme Court, Steuben County, Scudder, J. — divorce.) Present — Doerr, J. P., Denman, Green, Pine and Law-ton, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823563/
Medication of burns and topical composition.
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903684/
Order unanimously reversed on the law with costs and motion granted. Memorandum: Special Term erred in denying claimant’s motion for leave to file a late notice of claim. Following an in camera inspection of the claimant’s expert’s report, the court determined that there was "no issue of law or fact sufficient to suppo...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903686/
Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), rendered June 3, 2009, as amended June 25, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed. T...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903687/
— Order unanimously reversed on the law, without costs, and defendant’s motion granted. Memorandum: Special Term erred in denying defendant’s motion for summary judgment dismissing plaintiff’s complaint. It is undisputed that plaintiff was not hired by defendant pursuant to a written contract. He was an at-will employe...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/1943372/
946 So. 2d 708 (2006) Arthur L. LEWIS, Jr., Plaintiff/Appellee, v. STATE FARM INSURANCE COMPANY and Leslie W. Brock, et al., Defendants/Appellants. City of West Monroe, Plaintiff/Appellee, v. Leslie W. Brock and State Farm Insurance Company, Defendants/Appellants. Carl Griffin and Betty Griffin, Plaintiffs/Appellees, v...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/818067/
FILED 1 ORDERED PUBLISHED DEC 17 2012 2 SUSAN M SPRAUL, CLERK U.S. BKCY. APP. PANEL O F TH E N IN TH C IR C U...
01-03-2023
02-01-2013
https://www.courtlistener.com/api/rest/v3/opinions/5903689/
Judgment unanimously affirmed. Memorandum: The trial court properly admitted evidence of the uncharged sexual acts between defendant and the young girls he attempted to recruit as prostitutes (see, People v Grant, 104 AD2d 674). In view of defendant’s criminal record and the nature of the crimes, the sentences imposed ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5907546/
Petition granted only insofar as to refer the application for reinstatement as an attorney and counselor-at-law in the State of New York to the Departmental Disciplinary Committee for the First Judicial Department, to hear and report as *605indicated. Concur — Sandler, J. P., Ross, Kassal, Rosenberger and Ellerin, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/6495518/
Filed 6/27/22 P. v. Abernathy 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 b...
01-03-2023
06-27-2022
https://www.courtlistener.com/api/rest/v3/opinions/6823566/
Rich, Judge, delivered the opinion of the court: This appeal by the Government is from the judgment of the United States Customs Court, Third Division (52 Cust. Ct. 183, C.D. 2459), insofar as it sustained the importer’s protest to the classification of two kinds of lignin extract designated “Lignosol BD” and “Lignoso...
01-03-2023
07-23-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903690/
Judgment affirmed. All concur, Callahan, J., not participating. Memorandum: Circumstantial evidence of defendant’s constructive possession of heroin was legally sufficient to sustain his conviction for criminal possession of a controlled substance in the fourth degree (see, People v Torres, 68 NY2d 677; People v Diaz, ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903693/
Order unanimously affirmed without costs for reasons stated in memorandum decision at Special Term, O’Donnell, J. (Appeal from order of *970Supreme Court, Herkimer County, O’Donnell, J. — summary judgment.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903694/
Order unanimously reversed on the law with costs, motion to consolidate granted, and matter remitted to Supreme Court, Ontario County, for further proceedings, in accordance with the following memorandum: Plaintiff’s son died as a result of injuries suffered when he allegedly was thrown from an amusement ride at Rosela...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903695/
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered March 12, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion to compel a physical inspection of a desk and hutch in the Abowitz defendants’ apartment, unanimously affirmed, without costs. The trial court providen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903696/
Order unanimously affirmed without costs for reasons stated in memorandum decision at Special Term, O’Donnell, J. (Appeal from order of Supreme Court, Herkimer County, O’Donnell, J. — summary judgment.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903698/
Order unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s motion made pursuant to CPL 440.10 to set aside the conviction on the grounds of newly discovered evidence and ineffective assistance of counsel. On his posttrial motion, defendant attempted to relitigate an issue that was raised by trial...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5904510/
In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Neary, J.), entered November 7, 2011, as limited his share of the proceeds from the sale of the marital residence to the sum of $16,382.25. Ordered ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903699/
Judgment unanimously affirmed. Memorandum: Upon remittitur for a Batson hearing (Batson v Kentucky, 476 US 79), the hearing court found that the prosecutor’s explanations for peremptory challenges of a black venireman were credible, acceptable and unrelated in any way to the racial characteristics of the prospective ju...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903700/
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered March 12, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion to compel a physical inspection of a desk and hutch in the Abowitz defendants’ apartment, unanimously affirmed, without costs. The trial court providen...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903701/
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him, after a jury trial, of sexual abuse in the first degree, defendant raises several issues of which we address only two. He contends that the trial court erred in denying his motion to dismiss the indictment on speedy trial grounds (CPL ...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903702/
Order unanimously reversed on the law without costs and injunction vacated. Memorandum: The court erred in granting plaintiff what was in effect a permanent injunction prohibiting defendant from proceeding before the Workers’ Compensation Board, despite the facts that the Board had ordered defendant’s case reopened, an...
01-03-2023
01-13-2022
https://www.courtlistener.com/api/rest/v3/opinions/5903703/
Order unanimously reversed on the law and facts, with costs, and petition dismissed. Memorandum: Respondent appeals from an order *975of Family Court which dispensed with her consent to the proposed adoption of the parties’ seven-year-old son by the current wife of petitioner, respondent’s ex-husband. The court found t...
01-03-2023
01-13-2022