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In an action to recover damages for legal malpractice and breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated July 15, 2005, which denied his motion to restore the action to the trial calendar.
Ordered that the order is reversed, on the law, with costs, and the... |
Order entered March 31, 1960, which directed inter alia transfer of defendants’ stock in a co-operative apartment, unanimously modified on the law, on the facts and in the exercise of discretion as hereinafter set forth, and as so modified, the order is affirmed, with $20 costs and disbursements to appellant. There sha... |
In a consolidated action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated September 27, 2005, as granted that branch of the motion of the plaintiffs Edelle Marcel and Jean Claude Marcel, an... |
Judgment unanimously reversed, upon the law and upon the facts, the verdict vacated and a new trial ordered, with costs to the appellant. Defendant was entitled to a charge, as requested, that if the jury found that plaintiff was to give testimony in consideration for the percentage agreement, then such agreement was i... |
In a shareholders’ derivative action, the plaintiff Elizabeth Margrabe appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered September 1, 2004, as granted those branches of the motion of nonparty, Sexter & Warmflash, EC., which were to fix an attorney... |
Order, entered April 8, 1960, granting motion of plaintiff to examine the defendant before trial for the purpose of enabling the plaintiff to frame a complaint, unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion denied, wi... |
In an action to recover damages for medical malpractice, etc., the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered March 8, 2006, which denied their motion to dismiss the complaint for failure to serve a timely notice of claim.
Ordered that the order is reversed, on the law, wi... |
*506In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated February 1, 2006, as denied that branch of its motion which was for summary judgment dismissing the plaintiff’s Labor Law § 240 (1) ... |
Order, entered April 8, 1960, as denies plaintiff’s motion for an open commission to examine William A. Fasolo, a nonresident, as a witness unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion for issuance of an open commissi... |
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (LaCava, J.), entered June 28, 2005, which, upon a jury verdict on the issue of liability, and upon the denial of her motion pursuant to CPLR 4404 (a) to set aside the verdict and for ju... |
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 17, 2006, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for sum... |
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from (1) an order of the Supreme Court, Orange County (McGuirk, J.), dated January 11, 2005, which granted the plaintiff’s motion for summary judgment, (2) so much of an order of same court dated March 24, 2005, as denied their m... |
Resettled order, entered October 23, 1959, adjudging the third-party appellant in contempt and imposing a fine of $3,410.51, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the matter remitted to Special Term for proceedings not inconsistent herewith, with costs to abide the event.... |
In an action, inter alia, to recover damages for employment *511discrimination pursuant to Executive Law § 296, the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated July 26, 2005, which denied their motion to vacate a prior order of the same court dated January 7, 2005, grant... |
*512In an action, inter alia, to recover damages for breach of an insurance contract, the defendant appeals from stated portions of an order of the Supreme Court, Westchester County (Jamie-son, J.), entered April 3, 2006, which, among other things, denied those branches of its motion which were to dismiss the complaint... |
In an action to recover damages for personal injuries, the defendants MTA and New York City Transit Authority appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated February 1, 2006, as denied their motion for summary judgment dismissing the complaint ins... |
Order, entered on August 26, 1960, denying defendant-appellant’s motion to dismiss the complaint for lack of prosecution, and order entered on September 21, 1960, granting plaintiff’s motion for an extension of time to file a note of issue, unanimously reversed, on the law, on the facts, and in the exercise of discreti... |
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Futnam County (O’Rourke, J.), dated August 4, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint. The appeal brings up for review so much of an order of the same court d... |
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated November 4, 2005, as granted that branch of the motion of the defendants RKO Century Warner Theatres, Inc., incorrectly sued herein as R... |
*517In three related actions to recover damages for personal injuries, etc., (1) the plaintiff in action No. 3 appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Orange County (Owen, J.), dated September 15, 2005, as, upon a jury verdict and upon the denial of that branch of her motion w... |
In a matrimonial action in which the parties were divorced by judgment entered May 5, 2003, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Lebowitz, J.), entered April 28, 2005, as, upon an order of the same court dated January 18, 2005, inter alia, grant... |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County (Hollie, J.), dated January 27, 2005, which was determined by decision and order of this Court dated October 24, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it ... |
*523In an action, inter alia, pursuant to Insurance Law § 3420 (a) to recover an unsatisfied judgment against the defendants’ insured, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Ambrosio, J.), dated March 31, 2006, as granted his motion for summary judgment only to the extent of ... |
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated August 10, 2005, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff Viktor Sinyuts su... |
*524In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Murphy, J.), entered October 7, 2005, as granted the defendants’ motion for summary judgment dismissing the complaint and denie... |
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of a judgment of *527the Supreme Court, Nassau County (Woodard, J.), entered May 26, 2005, as, upon a decision dated August 13, 2004, and an order dated March 2, 2005, awarded him the sum of only $86,748.46 as ... |
In an action for an accounting, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated November 15, 2005, as denied his motion for summary judgment dismissing the complaint and granted that branch of the plaintiffs cross motion which was to dismi... |
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Jamieson, J.), entered August 19, 2005, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint.
Ordered that the order is affi... |
In a stakeholder’s interpleader action pursuant to CPLR 1006 (f), the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), dated October 30, 2006, which denied its motion to be discharged from all further liability under an annuity upon the payment of the proceeds of the annuity into ... |
In an action, inter alia, to recover damages for defamation, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Maraño, J.H.O.), entered September 20, 2005, which, upon an order of the same court dated December 8, 2004, denying his motion to set aside a determination in a transcript of the same c... |
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), entered October 5, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff alleg... |
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated October 29, 2004, which denied their motion pursuant to CPLR 5015 (a) (1) to vacate their default in appearing for trial, to vacate the dismissal of the action p... |
In an action for a divorce and ancillary relief, the plaintiff husband appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated February 6, 2006, as granted those branches of the motion of the defendant wife which were to adjudicate him in contempt and for an award of an attorney’s fee... |
In an action for specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated March 27, 2006, which granted the plaintiffs motion for summary judgment directing specific performance of the contract.
Ordered that on the cour... |
Order and judgment affirmed, with costs to the respondent. Concur — Breitel, J. P., Rabin, Valente and McNally, JJ.;Eager, J., dissents in part in the following memorandum: I concur in the affirmance of the order and judgment appealed from insofar as it dismisses the first cause of action. Upon the defendant’s motion f... |
In two related proceedings pursuant to Social Services Law § 384-b, inter alia, to terminate parental rights on the grounds of mental illness and mental retardation, the mother appeals from an order of fact-finding and disposition of the Family Court, Queens County (Richardson, J.), dated January 9, 2006, which, after ... |
Order, entered March 30, 1960, denying, without a hearing, defendant’s motion in the nature of a writ of error coram nobis to vacate a judgment rendered April 15, 1957 convicting appellant upon his plea of guilty of the crime of manslaughter in the second degree and sentencing him to serve a term of not less than 10 ye... |
Order entered on October 28, 1958, granting defendant’s motion for summary judgment dismissing the complaint, reversed on the law and on the facts, with $20 costs and disbursements to the appellant, and defendant’s motion for summary judgment is denied, with $10 costs. It is questionable whether the decree of divorce o... |
*539In a child protective proceeding pursuant to Family Court Act article 10, (1) the father and the mother separately appeal from an order of the Family Court, Dutchess County (Forman, J.), entered July 9, 2004, which found that they derivatively neglected the subject child, (2) the father appeals from an order of fac... |
Judgment of conviction reversed and a new trial ordered. (People v. Oak, 283 App. Div. 1018; People v. Pierson, 279 App. Div. 509; People v. Harris, 1 A D 2d 821.) In view of this disposition we find it unnecessary to pass on any other question. Concur — Breitel, J. P., McNally and Stevens, JJ.; Valente, J., dissents a... |
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Hunt, J.), dated May 15, 2006, which, upon a fact-finding order of the same court dated April 5, 2006, made after a hearing, finding that the appellant had committe... |
Judgment unanimously reversed on the law and on the facts and a new trial ordered, with costs to abide the event. Plaintiff, in support of his theory of negligence in the design, manufacture and repair of the power press, offered expert opinion. There is substantial contradictory expert opinion adduced by defendant. We... |
In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Cortlandt, dated August 3, 2004, which, after a hearing, denied the petitioners’ application for a preliminary subdivision approval and various permits pursuant to the Town Code of the Town of Cortlandt, the petit... |
In a proceeding pursuant to RPAPL 1921, inter alia, to direct the mortgagee to accept a specific sum in full satisfaction of the mortgage debt and to issue a satisfaction of mortgage to the *544mortgagor, the mortgagee appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered April 17, 2006, whic... |
In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Queens County (Rios, J.), entered July 13, 2006, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with co... |
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Greenwood Lake dated November 18, 2004, which, after a hearing, denied the petitioners’ application for several area vari*546anees, the petitioners appeal, as limited by their brief, from so much of a ... |
*548In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the person and property of Nellie G., an alleged incapacitated person, Joyce G.D. appeals, as limited by her letter dated December 20, 2006, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Thom... |
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (McLeod, J.), dated February 7, 2006, which, upon a fact-finding order of the same court dated December 15, 2005, made after a hearing, finding that the appellant com... |
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Hunt, J.), dated May 2, 2006, which, upon a fact-finding order of the same court dated March 22, 2006, made after a hearing, finding that the appellant had committe... |
In related proceedings pursuant to Family Court Act article 10 and Social Services Law § 384-b, the mother appeals from (1) so much of an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated January 5, 2005, as, after a hearing, found that she had abused and neglected Krista... |
Determination of the Commissioner of Health annulled on the law, on the facts and in the exercise of discretion, without costs. It does appear that there were irregularities in the conduct of the petitioner in connection with her duties as a licensed practical nurse, but there is no support for the determination by the... |
Order entered on September 14, 1959 dismissing the amended complaint as against the defendant Local No. 210 unanimously reversed on the law, with $20 costs and disbursements to the appellant and the motion denied, with $10 costs. As against Local No. 210 the amended complaint sets forth three causes of action. We find ... |
In a family offense proceeding pursuant to Family Court Act article 8, Louis F. Russo appeals from an order of protection of the Family Court, Suffolk County (Genchi, J.), dated October 31, 2005, which, after a hearing and upon finding that Louis F. Russo committed the family offenses of harassment in the second degree... |
In a proceeding pursuant to General Municipal Law § 50-e (5) to deem a notice of claim timely served or, in the alternative, for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated April 28, 2006, which denied the petition and dismissed the... |
Judgment entered May 2, 1960, in the sum of $25,998.50 entered on a verdict for $46,227.75, which was conditionally reduced by the trial court to $22,500, and, as so reduced, assented to by the plaintiff, reversed, on the law, the facts having been considered, and the complaint dismissed, with costs to defendant-appell... |
*559In a probate proceeding, the objectant Carmela Ortolano appeals from an order of the Surrogate’s Court, Richmond County (Fusco, S.), dated September 28, 2005, which granted that branch of the motion of the petitioner Joseph Richichi which was for summary judgment determining that certain bank and brokerage accounts... |
Judgment, entered on December 15, 1959, dismissing plaintiff’s complaint on the merits and dismissing the cross complaints of defendants 2570 Broadway Corp. and the City of New York against defendant Central Petroleum Corp., unanimously reversed, on the law and on the facts, and a new trial ordered, with costs to abide... |
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of mental illness, the mother appeals from an order of fact-finding and disposition of the Family Court, Kings County (Elkins, J.), dated December 2, 2005, which, after a hearing, inter alia, terminated her parental right... |
Order, entered on June 20, 1960, granting plaintiffs’ motion for leave to amend their bill of particulars is unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. The accident upon which the action is ... |
Interlocutory judgment, entered on June 20, 1960, directing defendants to account to the plaintiff,' unanimously reversed, on the law and on the facts, and the amended complaint dismissed, with costs to defendants-appellants. This action is one for damages for breach of a contract of employment as salesman on a commiss... |
Order entered July 27, 1960, annulling determination of appellant State Liquor Authority and remanding the matter *475for further investigation and reconsideration unanimously reversed, on the law and the facts, the petition is dismissed, and the determination of the State Liquor Authority is reinstated and confirmed, ... |
In a custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated December 9, 2005, as, upon granting his petition for a change of custody of the parties’ children, directed h... |
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated March 18, 2004, denying the petitioner’s applications for disability retirement benefits, the petitioner appeals from a judgment of the Supreme ... |
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered March 27, 2003, convicting him of criminal possession of a weapon in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hear... |
Appeal by the defendant from a judgment of the Supreme Court, Kings County *566(Marrus, J.), rendered September 7, 2004, convicting her of murder in the second degree (three counts), robbery in the first degree (two counts), robbery in the second degree, robbery in the third degree, criminal possession of a weapon in t... |
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered April 19, 2005, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that bra... |
. Motion to dismiss petition as a matter of law denied, with leave to the respondent to serve and file an answer to the petition. The petitioner is directed to file with the Clerk of this court five additional copies of the petition, notice of motion and the exhibits annexed thereto, except Exhibit D, on or before Dece... |
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered December 1, 2003, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to indeterminate terms of imprisonment of 25 years to life on... |
Decree unanimously affirmed, with costs to all parties filing briefs payable out of the estate. The express provisions of the will of the decedent were that the trustee should collect the income from the trust fund and pay the same over “to and for the use, maintenance and support of my children Esther Weinstein, Edith... |
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J), rendered March 30, 2005, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (... |
*570Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered December 20, 2004, convicting him of robbery in the first degree, robbery in the second degree, endangering the welfare of a child, and menacing in the second degree, upon a jury verdict, and imposing sentence. The a... |
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