text
stringlengths
1.03k
613k
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, Kings County (Dabiri, J.), dated February 27, 2006, as granted the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the plaintiff...
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the Elwood Union Free School District appeals from an order of the Supreme Court, Suffolk County (Werner, J.), dated September 25, 2006, which granted the petition and deemed the notice of claim timely served nunc pr...
In a guardianship proceeding pursuant to Mental Hygiene Law article 81, in which Frank Russo, conservator of the property of Louis G., petitioned to settle his final account, Lois M. Rosenblatt, Public Administrator of the County of Queens, appeals from so much of an order of the Supreme Court, Queens County (Thomas, J...
In a proceeding pursuant to Mental Hygiene Law article 81 to *548appoint a guardian for the person and property of Lucille H., an alleged incapacitated person, Surinder Tak appeals (1), as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (O’Donoghue, J.), enter...
Appeal (1) from an order of the Supreme Court at Special Term, entered April 18, 1960, which granted a motion by plaintiff for summary judgment striking out the answer under rule 113 of the Rules of Civil Practice and (2) from the judgment entered thereon. Order and judgment affirmed, with costs to the respondent. Vale...
In related proceedings pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated July 21, 2006, which, after a hearing, inter alia, found that he had neglected the subject children and placed him under the superv...
In related child custody proceedings pursuant to Family Court Act article 6, the petitioner appeals from (1) an order of the Family Court, Kings County (Pearl, J.), dated November 4, 2005, which, after a hearing, dismissed the petition for custody of the child Destiny H., and (2) an order of the same court dated Decemb...
Judgment convicting defendant of the crimes of knowingly possessing policy writings, knowingly possessing articles commonly used in the game of policy and receiving money in the game of policy, and sentencing defendant to serve a term of six months in the Workhouse, affirmed insofar as it convicts defendant under the f...
*553Proceeding pursuant to EDPL 207 and CPLR article 78 to review a determination of the Town Board of the Town of Goshen dated November 17, 2005, made after a public hearing, which issued a negative declaration under the State Environmental Quality Review Act (ECL art 8) in connection with the proposed condemnation an...
Order, entered on July 21, 1960, granting leave to serve an amended complaint, unanimously modified, in the exercise of discretion, with $20 costs and disbursements to the appellant, so as to deny leave to amend the complaint to the extent of adding a cause of action for wrongful death, with leave, however, to move to ...
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Lynaugh, J.), dated May 27, 2006, as, after a hearing, awarded custody of the child to the father. Ordered that the order is affirmed insofar a...
Order, entered September 27, 1960, as resettled by order, entered November 4, 1960, insofar as appealed from, unanimously reversed on the law and on the facts, with $20 costs and disbursements to plaintiffs-appellants, and motion by defiendan ts-respondents to strike paragraphs 11, 12, 14, 27 and 41 as sham is denied, ...
Order entered on August 15, 1960, denying defendant-appellant’s motion to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, with leave to plaintiff to serve an amended co...
*556In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from so much of an order of the Family Court, Suffolk County (Kelley, Ct Atty Ref), dated October 28, 2005, as denied her petition to relocate the parties’ child to Pennsylvania. Ordered that the order is reversed inso...
Order, entered on July 11, 1960, denying plaintiff’s motion for a separate trial, unanimously affirmed, with $20 costs and disbursements to the respondents, without prejudice to an application to the Justice presiding at the trial for a separate trial on any of the issues or groups of issues or with respect to differen...
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered September 6, 2005, convicting him *559of manslaughter in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant contends that the People failed to disprove h...
Order, entered on May 11, 1960, denying the defendants-appellants’ motion for an order striking this action from the Trial Calendar, unanimously reversed on the law and on the facts, with $20 costs and disbursements to the appellants and motion to strike the action from the calendar granted, with $10 costs.' The compla...
*560Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Dickerson, J.), rendered April 20, 2004, convicting her of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence. Ord...
Appeal from an order and judgment of the Court of Special Sessions of the City of New York, entered April 19, 1960, which dismissed on the merits the application of the complainant for an order of filiation. Per Curiam. This filiation proceeding was determined on section 64 of the New York City Criminal Courts Act prov...
*561Appeal by the defendant from a judgment of the County Court, Putnam County (Miller, J.), rendered April 19, 2006, convicting him of bail jumping in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. On April 29, 2004 the defendant pleaded guilty to driving while in...
*563Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered February 10, 2004, convicting him of manslaughter in the first degree and leaving the scene of an incident without reporting, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The de...
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered September 8, 2003, convicting him of criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence. Ordered that the judgment is reversed, on the law, the indictment is dismissed, and ...
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered February 5, 2004, convicting him of assault in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, and menacing in the second degree (six counts), upon a jury verdict, ...
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered July 5, 2006, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s claim that he did not have the assistance of an interpre...
*568Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered May 13, 2004, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and...
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered May 13, 2004, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in *570the second degree, criminal possession of a weapon in the third degree, and...
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 27, 2005, convicting her of operating a motor vehicle while under the influence of alcohol as a felony, upon her plea of guilty, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s writt...
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered July 24, 2003, convicting him of robbery in the first degree (two counts) and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a heari...
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed June 5, 2002, upon his conviction of burglary in the first degree, after his plea of guilty. Ordered that the sentence is affirmed. Contrary to the defendant’s contention on appeal that his sente...
Order, entered on January 26, 1960, permanently enjoining the respondent Commissioner of Health from designating the intervenors to the duties of senior public health sanitarians unanimously reversed, on the law, on the facts and in the exercise of discretion and the petition dismissed, without costs. This article 78 p...
In an action for a divorce and ancillary relief, the defendants appeal from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated June 14, 2004, which, upon the default of their decedent Christopher E. DiPasquale in appearing at trial following the denial of the decedent’s request for an adjournment of...
In an action, inter alia, to recover damages for wrongful death, the defendant Ernst Henry appeals (1) from an order of the Supreme Court, Kings County (Jacobson, J.), dated January 6, 2006, which denied his motion, inter alia, pursuant to CPLR 4404 (a) to set aside so much of the jury verdict as awarded damages in the...
In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Richmond County (Maltese, J.), dated May 11, 2006, which denied their motion for summary judgment dismissing the complaint. Ordered that the order is reversed, on the law, with costs, and the ...
In an action for a divorce and ancillary relief, the defendant appeals (1) from a decision of the Supreme Court, Nassau County (Falanga, J.), dated August 16, 2005, and (2), as limited by his brief, from so much of a judgment of the same court entered September 29, 2005, as, upon an order of the same court dated Novemb...
In a civil forfeiture action pursuant to the Nassau County Administrative Code § 8-7.0 (g) (4) (L 1939, chs 272, 701-709, as amended) the defendants Joseph N. Rennert and Iris L. Schafranick appeal from an order of the Supreme Court, Nassau County (Brennan, J.), dated November 2, 2005, which granted the motion of the d...
In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated September 29, 2005, as denied that branch of its motion which was for summary judgment dismissing the cause of action alleging a v...
*584In an action, inter alia, to set aside the alleged fraudulent conveyance of certain real property, the defendant Brett Morgan, LLC, appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Kelly, J.), dated May 5, 2005, as denied, in effect, with leave to ...
In an 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 (Schack, J.), dated November 16, 2005, as denied their motion for summary judgment dismissing the complaint. Ordered that the order is reversed insof...
In an action, inter alia, to recover damages for negligence and breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered December 9, 2005, as granted that branch of the motion of the defendant Zurich American Insurance...
In an action, inter alia, to recover damages for civil rights violations pursuant to 42 USC § 1983, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated September 29, 2005, which granted that branch of the defendants’ motion which was pursuant to CFLR 3211 (a) (7) to dismiss the...
*589In an action to recover damages for personal injuries, (1) the defendants CF Galleria at White Plains, LF C.F. White Plains Associates, Cadillac Fairview Shopping Center Properties (New York), Inc., and the Cadillac Fairview Corporation Limited, appeal, as limited by their brief, from so much of an order of the Sup...
In a consolidated action to recover damages for personal injuries, the defendants Alfred Peteroy and Louis Peteroy appeal, and the defendant Toyota Motor Credit Corp. separately appeals, as limited by their briefs, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated January 11, 2006, as ...
In a matrimonial action in which the parties were divorced in October 1980 the defendant appeals from (1) an amended order of the Supreme Court, Nassau County (Stack, J.), dated March 6, 2006, which, after a hearing, granted the plaintiffs motion for arrears in spousal support pursuant to a separation agreement in the ...
In an action, inter alia, to recover damages for breach of contract, breach of implied contract, and violation of Labor Law § 740, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Giacobbe, J.), entered May 4, 2006, as denied those branches of its motion wh...
In an action for a judgment declaring that the defendant United States Liability Insurance Group has a duty to defend and indemnify the plaintiff in an underlying personal injury action entitled Sullivan v G & L Building Corp. et al., pending in the Supreme Court, Suffolk County, under index No. 13922/02, or alternativ...
In an action, inter alia, to recover damages for breach of an equipment lease, the plaintiff appeals from an order of the Supreme Court, Richmond County (Maltese, J), dated January 25, 2006, which denied its motion for summary judgment. Ordered that the order is modified, on the law, (1) by deleting the provision there...
*598In an action, inter alia, to foreclose a mortgage and to quiet title to real property, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated August 30, 2005, as denied that branch of its motion which was for summary judgment declaring that t...
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Kings County (Partnow, J.), dated September 28, 2005, as denied that branch of his motion which was to strike the defendant’s answer pursuant to CPLR 3126 (3), and (2...
In an action for a divorce and ancillary relief, the husband appeals from stated portions of a judgment of the Supreme Court, Westchester County (Tolbert, J.), dated September 9, 2005, which, upon a decision entered June 15, 2005, made after a nonjury trial, inter alia, equitably distributed the parties’ marital assets...
*604In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated October 5, 2004, as granted that branch of the motion of the defendant Spring Scaffolding, Inc., which was for summary judgment dis...
In an action, inter alia, to recover damages pursuant to General Obligations Law § 11-101, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated December 14, 2005, as, upon prior orders of the same court (1) converting that branch of the motio...
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated July 6, 2006, as, upon granting the plaintiffs’ motion for leave to reargue their motion to strike the defendants’ answer based on ...
In an action, inter alia, pursuant to Executive Law § 297 (9) to recover damages for housing discrimination, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated March 24, 2006, as denied its application to extend the time for service of the s...
In an action, inter alia, to recover damages for breach of contract and breach of fiduciary duty, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), entered April 18, 2006, which, upon an order of the same court dated August 11, 2005, as amended by order dated December 7,...
*611In an action, inter alia, for injunctive relief and to recover damages for misappropriation of trade secrets, unfair competition, and breach of an employment contract, the plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated Januar...
In an action pursuant to RPAPL article 15 for a judgment, inter alia, declaring that the mortgage lien held by the defendant third-party plaintiff on certain real property is null and void, the defendant third-party plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), entered August 25, 2005...
*615In an action to recover damages for personal injuries and property damages, the defendants appeal from an order of the Supreme Court, Kings County (Rivera, J.), dated September 29, 2006, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a seriou...
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), entered March 6, 2006, which granted the defendants’ separate motions for summary judgment dismissing the complaint insofar as asserted against them. Ordered that the order...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated September 19, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint. *618Ordered that the order is affirmed, with costs. “To recover...
In an action, inter alia, to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated January 11, 2006, as denied its motion for summary judgment dismissing the complaint. Ordered that the order is reversed insofar as appealed from,...
In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), entered September 20, 2006, which granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1). Ordered that the order is reversed, on the ...
In an action for specific performance of a contract for the sale of real property, the defendant GBR Realty, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), entered February 27, 2006, as denied that branch of the defendants’ motion which was for summary j...
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered July 8, 2005, which, upon a jury verdict finding that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) and upon the denial of...
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), entered January 25, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint. Ordered that the order is affirmed, with costs. A defendant pro...
In an action to recover damages for personal injuries, etc., the defendants appeal, by permission, from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.H.O.), dated March 21, 2006, which granted that branch of the plaintiffs’ oral motion which was pursuant to CPLR 4404 (a) to set aside a jury verdict...
In an action, inter alia, to recover damages for negligent infliction of emotional distress, the defendants appeal from an order of the Supreme Court, Queens County (Satterfield, J.), entered September 16, 2005, which granted the plaintiffs’ motion pursuant to CPLR 4404 (a) to set aside, on the ground of inadequacy, *6...
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), dated December 16, 2005, as denied those branches of his motion which were to hold the plaintiff in contempt for failing to comply with certain pro...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated February 6, 2006, which granted the motion of the defendant 485 Kings Corp. for summary judgment dismissing the complaint insofar as asserted against it. Ordered that the o...
In an action to recover damages for violating a restraining notice, the defendant appeals from an order of the Supreme Court, Kings County (Douglass, J.), dated January 9, 2005, which granted the plaintiffs motion for summary judgment and denied its cross motion for summary judgment dismissing the complaint. *628Ordere...
In two related neglect proceedings pursuant to Family Court Act article 10, the parents appeal from (1) an order of the Family Court, Nassau County (Foskey, J.), dated November 22, 2005, which, after a hearing, denied their application pursuant to Family Court Act § 1028 for the return of their child Naila A., and (2) ...
*630In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the City of New York appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated May 31, 2006, which granted the petition. Ordered that the order is reversed, on the law, with costs, the peti...
In a proceeding pursuant to Family Court Act article 6, which was heard in the Supreme Court (see 22 NYCRR 41.1), the mother appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Morgenstern, J.), dated August 16, 2006, as denied those branches of her motion which were to vacat...
*633In a proceeding pursuant to CPLR article 78 to review a determination of Erin M. Grotty, Commissioner of the New York State Department of Environmental Conservation, dated June 18, 2001, which adopted the findings and conclusions of two Administrative Law Judges, made after a hearing, that the petitioners violated ...
Proceeding pursuant to CPLR article 78 to review a determination of Glenn Goord, Commissioner of the New York State Department of Corrections, dated July 28, 2004, which affirmed a determination of a hearing officer dated May 28, 2004 made after a tier III disciplinary hearing, finding the petitioner guilty of violatin...
*642In a proceeding pursuant to CPLR article 78 to review a determination of the Rockland County Board of Cooperative Educational Services, dated May 25, 2005, which, without a hearing, abolished the civil service position of clinical psychologist, and to reinstate the petitioners Norman Stein, Robert Allan, and Jeffre...
In an action for the partition of real property between parties formerly wife and husband, the defendant husband appeals from an order, of the Supreme Court, Kings County, dated October 28, 1960, which denied his motion for summary judgment, granted summary judgment to the plaintiff wife and directed a reference to asc...
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 February 23, 2006, which, upon a fact-finding order of the same court dated February 14, 2005, made after a hearing, finding that the appellant had...
In a derivative stockholder’s action to set aside a conveyance of real property by the corporate defendant to defendant Pearl, on the ground that the corporation could act only with the unanimous approval of its directors and stockholders, and that plaintiff, one of its directors and stockholders, had not consented to ...
In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Kings County, dated October 7, 1960, which, inter alia, denies his motion to vacate defendants’ notice to examine him before trial, and directs him to appear for such examination. Issue was joined by service of an answer and reply in the lat...
In a proceeding pursuant to CPLR article 78, inter alia, purportedly to reverse a judgment of the City Court of the City of Beacon (Timothy G. Pagones, J.), rendered October 26, 2004, convicting the petitioner of one count of unlawfully failing to obey a traffic-control device in violation of Vehicle and Traffic Law § ...
*647In a proceeding pursuant to Family Court Act article 5-B to establish a support order, the petitioner appeals from an order of the Family Court, Nassau County (Eisman, J.), dated March 15, 2006, which denied her objection to an order of the same court (Bannon, S.M.), dated December 19, 2005, which, after a hearing,...
In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Queens County (DePhillips, J.), dated January 4, 2006, which, after a hearing, inter alia, awarded custody of the subject child to the father and directed that the mother’s visitation wit...
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Orange County (Klein, J.), entered February 7, 2006, which, after fact-finding and dispositional hearings, inter alia, found that ...
In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Orange County (Klein, J.), dated December 27, 2005, which, after fact-finding and dispositional hearings, found that she pe...
s. In an action to recover damages for breach of a contract pursuant to which plaintiff, an attorney at law, was to receive one half the proceeds of the sale of certain bearings, defendants appeal from so much of an order of the Supreme Court, Suffolk County, dated November 23, 1960, as denied their motion, pursuant to...
Proceeding pursuant to Public Officers Law § 36 to remove the respondents William J. Rowley, Christopher D. Bodkin, and Pamela Greene from public office in the Town of Islip. Separate motions by the respondents pursuant to CPLR 3211 (a) (7), in effect, to dismiss the petition for failure to state a cause of action. Cro...
In an action for a separation on the grounds of cruel and inhuman treatment, abandonment and nonsupport, defendant husband appeals from an order of the Supreme Court, Westchester County, dated September 28, 1960, awarding plaintiff wife $100 a week alimony, pendente lite, for the support of herself and two infant child...
In an action by a tenant of a housing accommodation, pursuant to statute (Emergency Housing Rent Control Law, § 11, subd. 5; L. 1946, ch. 274, as amd.), to recover treble damages and reasonable attorney’s fees by reason of an overcharge of rent in excess of the maximum fixed by the Local Rent Administrator, the defenda...
In an action to recover damages for injury to person and property arising out of a collision between a motor vehicle owned and operated by plaintiff and a motor vehicle owned by defendant Torello and operated by defendant De Simone, defendants appeal from an order of the Supreme Court, Kings County, dated September 14,...
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 5, 2006, which granted that branch of the motion of the respondent Daniel Davalos which...
In a proceeding to probate the last will and testament of the deceased, which was contested by the three respondents named Abels and by the respondent Eshbaugh, and which resulted in the will being admitted to probate after a compromise pursuant to which each of the four contestants and the infant respondent would rece...
In a holdover proceeding, the petitioner appeals, by permission, as limited by its brief, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 21, 2005 [11 Mise 3d 138(A), 2005 NY Slip Op 52290(U) (2005)] as affirmed so much of an order of the C...
In a proceeding to stay an attempted submission by Heckler Electric Company, Inc., electric contractor, of controversies to architects for decision, the contractor appeals from an order of the Supreme Court, Nassau County, dated August 1, 1960, granting the motion. Order modified on the law and the facts by adding a pr...
Proceeding pursuant to CPLR article 78 to review a determination of the Westchester County Department of Environmental Facilities dated December *65814, 2005, which adopted the recommendation of a hearing officer, made after a hearing, finding the petitioner guilty of incompetence and misconduct, and suspended him from...
Proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Motor Vehicles, made June 24, 1960, which suspended for 30 days petitioner’s chauffeur’s license, for persistent violations, pursuant to paragraph (d) of subdivision 3 of section 71 (now § 510) of the Vehicle and Traf...
. In an action by a wife for a separation, the husband appeals from an order of the Supreme Court, Kings County, entered November 15, 1960, awarding the *941wife temporary alimony of $100 a week and a counsel fee of $900. Order modified by reducing the temporary alimony to $75 per week; by reducing the counsel fee to $...
Appeal by a creditor, Paul A. Lehmann, from a resettled decree of the Surrogate’s Court, Suffolk County, dated October 6, 1959, which inter alia: (a) judicially settled the account of the administrator; (b) approved the $4,156 settlement of the claim arising out of an accident which caused decedent’s death; and (c) dir...
In an action to recover damages for personal injuries, in which, at the end of plaintiff’s case, the complaint was dismissed against defendant Pillsbury and against the defendant railroad, the defendants Rosenzweig (copartners doing business as G. & R. Packing Company, and sued under that name) appeal, as limited by th...
Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Mangano, Jr., J.), dated April 18, 2005, as, upon reargument, adhered to its prior determination in an order dated June 8, 2004, granting the defendant’s motion for leave to reargue his motion, in effect, to va...
Appeal by defendant from a judgment of the County Court, Queens County, rendered July 15, 1959, after a jury trial, convicting him of robbery in the first degree and sentencing him, as a second felony *943offender, to serve a term of 15 years to 40 years. Judgment reversed on the law and new trial granted. The findings...