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Appeal from a judgment of the Court of Claims which dismissed a personal injury claim, finding that the State was free from negli*570genee in the maintenance of a pathway in Tallman State Park, upon which claimant fell, and that claimant was guilty of contributory negligence. The pathway, about five feet wide and surfa...
In a proceeding pursuant to Not-For-Profit Corporation Law § 511 for permission to sell certain real property to Sela-Lincoln Realty Corporation, the nonparties Denise Caldwell Taylor and Linda Caldwell appeal, and the nonparty Attorney General of the State of New York separately appeals, from stated portions of an ord...
Appeal by an employer and his insurance carrier from a decision and award of the Workmen’s Compensation Board, the only issue being as to the finding that appellant employer was the general employer of claimant and liable for one half of the award. The status and liability of the respondent special employer are concede...
*783In related custody proceedings pursuant to Family Court Act article 6, the father appeals from (1) an order of the Family Court, Dutchess County (Forman, J.), dated September 6, 2005, which denied that branch of his motion which was to set aside his prior consent to a “mini-hearing” procedure, and (2) an order of t...
Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board, appellants denying notice, and accident and causal relation. Claimant testified that while working as a boilermaker he dropped a baffle plate weighing 25 to 30 pounds on his right big toe, that he reported the...
Appeal from a decision and award of the Workmen’s Compensation Board for death benefits, the self-insured employer contending that decedent’s fatal accident which occurred when his automobile collided with a railroad car at a highway crossing did not arise out of the employment but was occasioned by a deviation therefr...
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Incorporated Village of Málveme, dated September 29, 2005, which, after a hearing, denied his application for area variances, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Galasso, J...
Appeal from a judgment of conviction of violation of section 483-b of the Penal Law of the State of New York. The defendant was convicted of the above section — carnal abuse of a child over 10 years and less than 16 years — on the testimony of a 13-year-old retarded child who stated that while alone in an automobile op...
In related proceedings pursuant to Family Court Act articles 6, 8 and 10, the father appeals from (1) an amended decision of the Family Court, Dutchess County (Forman, J.), dated August 16, 2005, made after a hearing, (2) an order of fact-finding and disposition of the same court entered October 7, 2005, which, upon th...
Appeal by the Special Disability Fund under subdivision 8 of section 15 from a decision of the Workmen’s Compensation Board which held it liable for compensation awarded. On October 2, 1953 claimant sustained an accident while working as manager of a meat market, resulting in injuries to his neck and cervical spine, fo...
Appeal from decision of the Workmen’s Compensation Board which found decedent died from work activities in the course of his duties as a volunteer fireman. On November 8, 1956, while helping as a volunteer fireman, the decedent collapsed and upon his arrival at a hospital, was pronounced dead. There was no autopsy. The...
In related visitation proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Kings County (O’Shea, J.), dated May 31, 2006, which, without a hearing, in effect, granted the mother’s motion to dismiss the proceedings for lack of continuing jurisdiction pursuant to Domes...
Proceeding pursuant to CPLR article 78 to review two determinations of the New York State Department of Correctional Services, both dated December 23, 2004, which (1) af*790firmed a determination of a hearing officer dated October 14, 2004, made after a Tier III superintendent’s hearing, finding that the petitioner had...
In a contested probate proceeding, the objectant appeals from a decree of the Surrogate’s Court, Suffolk County (Czygier, Jr., J.), dated September 30, 2005, which, upon, inter alia, an order of the same court dated March 31, 2005 granting the petitioner’s motion for summary judgment dismissing the objections to probat...
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered March 25, 2003, convicting him of murder in the second degree, attempted robbery in the first degree (two counts), and assault in the second degree, upon a juiy verdict, and imposing sentence. The appeal brings up for r...
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered March 12, 2003, convicting him of assault in the first degree, assault in the second degree, reckless endangerment in the first degree, vehicular assault in the second degree, reckless driving, and leaving the scene of ...
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered September 14, 2005, convicting him of grand larceny in the fourth degree, criminal mischief in the fourth degree, criminal possession of stolen property in the fifth degree (two counts), possession of burglar’s tools, and ...
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered February 22, 2005, convicting him of criminal possession of a controlled substance *797in the second degree, criminal possession of a controlled substance in the third degree (four counts), criminal possession of a cont...
Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J), rendered April 29, 2004, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and sentencing him to...
Appeal by the defendant from two judgments of the County Court, Suffolk County (Corso, J.), both rendered November 6, 2002, convicting him of assault in the second degree, menacing in the second degree, resisting arrest, and disorderly conduct under indictment No. 1051-01, and rape in the first degree, sodomy in the fi...
Appellants appeal from an award in a heart case which established accident and death resulting therefrom. The decedent, who had been suffering from a pre-existing heart condition, was a shoe salesman working for the employer herein. On February 1, 1957, there was a heavy snowstorm as the result of which business was ve...
Appeal from an order of the County Court of Warren County which denied defendant’s motion in the nature of a writ of error coram nobis addressed to his conviction of assault in the second degree. Defendant (1) attacks the sufficiency of the indictment, (2) claims error in the charge and (3) finally asserts that a prior...
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated August 31, 2005, as denied those branches of its motion which were, in effect, pursuant to CPLR 3211 (a) (5) to *803dismis...
In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Dutchess County (Dolan, J.), entered April 19, 2006, which, upon an order of the same court dated March 29, 2006 granting the plaintiffs motion for summary judgment, is in favor of the plaintiff and again...
*806In an action, inter alia, pursuant to Lien Law article 3-A, the plaintiffs appeal (1) from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated September 28, 2005, which granted the motion of the defendant Bruce Fahey, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint, and (2), as li...
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Donovan, J), dated September 27, 2004, as, upon a decision of the same court (Shapiro, J.), dated August 5, 2004, made after a nonjury trial, awarded him ...
In an action to recover damages for breach of contract, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Colabella, J.), entered January 4, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint, and (2) a judgment of the same court dated April 18, 2006...
In an action to foreclose a mortgage, Morgan Stanley Dean Witter Credit Corporation, as servicer for Wells Fargo Bank Minnesota, N.A., formerly known as Norwest Bank Minnesota, appeals from an order of the Supreme Court, Queens County *810(LeVine, J.), dated November 22, 2005, which denied its motion for leave to renew...
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated July 12, 2005, as granted that branch of the motion, in effect, of all defendants except Donald L. Bunsis, which was for summary judgment dismissing ...
In an action, inter alia, to recover damages for fraud and breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated December 1, 2005, as denied, as premature, their motion for summary judgment dismissing the complaint. Ordere...
In a matrimonial action in which the parties were divorced by judgment dated April 24, 2002, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Sunshine, J.), dated January 13, 2006, as, upon a decision of the same court dated December 6, 2005, made after a hear...
In a consolidated action to recover damages for personal injuries, the plaintiff Mark Bluth appeals from so much of an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated January 3, 2006, as granted those branches of the separate motions of the defendant WorldOmni Financial Corp. and the defendant Edoua...
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Maltese, J.), dated April 24, 2006, which denied their motion for summary judgment dismissing the complaint. Ordered that the order is reversed, on the law, with costs, and the motion for su...
In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered February 1, 2006, which granted that branch of the defendant’s cross motion which was for summary judgment dismissing the complaint on the ground that she did no...
In an action to recover damages for personal injuries, the defendants Bobo Robo, Inc., doing business as Regents, Edward Hardy, Pat Illig, and Michael Ferreri appeal (1) from so much of an order of the Supreme Court, Kings County (Silverman, J.), dated September 12, 2005, as granted that branch of the plaintiffs motion...
In 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 (Hinds-Radix, J.), dated August 18, 2005, as denied that branch of its motion pursuant to CPLR 4404 (a) which was for judgment as a matter of law and to dism...
*824In an action, inter alia, to impose a constructive trust upon certain real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated June 20, 2006, which denied his motion to vacate an order and judgment (one paper) of the same court entered February 1, 2006 which granted...
*825In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), dated May 11, 2006, which granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint. Ordered that the order is reversed, on th...
Appeal from an order of the Supreme Court, at Special Term, entered December 18, 1959, in New York County which denied a motion by defendant for an order to dismiss the first and second causes of action of the amended complaint. Memorandum by the Court. Order entered on December 18, 1959, denying a motion to dismiss fi...
Breitel, J. P. (dissenting in part). The order denying the motion to dismiss the first and second causes of action of the amended complaint for legal insufficiency should be reversed entirely, the motion granted and the causes of action dismissed, without leave to replead. Only the first two out of four causes of actio...
In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated March 28, 2005, as, after a nonjury trial, (1) awarded her less than a 50% interest in certain real property in Highland Mil...
In an action to recover an attorney’s fee, the defendant appeals from a judgment of the Supreme Court, Rockland County (Sherwood, J.), entered August 15, 2005, which, inter alia, upon an order of the same court dated July 28, 2005, granting the plaintiffs motion for summary judgment, is in favor of the plaintiff and ag...
Judgment affirmed, on the law and on the facts, with costs to the respondents. In connection with the sale of stock — which was essentially a sale of land being developed — the defendant warranted “ that [the] sewers had been fully paid for.” The breach of that warranty was fully established. The sewers had not been pa...
Judgment unanimously reversed, on the law and on the facts, and a new trial ordered. Defendant and respondent in their summations addressed themselves to the issue of frame-up. After the ease was submitted to the jury, the jury returned three times with questions. The third inquiry was as follows: “‘With ever [sic] ref...
*828In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated September 29, 2005, which granted the motion of the defendants Gerard Laurer and Beverly Laurer for summary judgment dismissing the complaint insofar as asserted agains...
*829In an action to recover damages for breach of contract and for specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Rockland County (Nelson, J.), entered January 19, 2006, which denied his motion for summary judgment dismissing the complaint and...
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated November 14, 2005, as denied their motion for summary judgment on the issue of liability under Labor Law § 240 (1), and the defe...
Order entered on October 30, 1959, denying motion for a further bill of particulars and to strike certain items in the bill of particulars furnished, 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 to strike the reservat...
In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Nassau County (O’Connell, J.), dated September 28, 2005, as granted those branches of the defendant’s motion which were for summary judgment d...
In an action for declaratory and injunctive relief, the plaintiffs Donald Garber, JLM Hotels, Co., Inc., JLM Food Services, Inc., *834Inn at Stony Brook, Inc., doing business as Three Village Inn, and Tsunis Hotels, LLC, doing business as Holiday Inn Express in Stony Brook, appeal from an order of the Supreme Court, Su...
In an action, inter alia, for permanent injunctive relief, the defendants appeal (1) from an order of the Supreme Court, Kings County (Douglass, J.), dated September 20, 2005, which, after a hearing, granted the plaintiff’s motion, inter alia, to preliminarily enjoin them from, among other things, recording any vocal o...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 7, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint. Ordered that the order is affirmed, with costs. “The owner [or operator] o...
In an action to recover damages for personal injuries, etc., the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated June 7, 2005, as denied her motion for summary judgment on the issue of liability. Ordered that the order is affirmed insofar ...
In an action, inter alia, for a judgment declaring the parties’ rights under a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated January 12, 2006, which denied its motion for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1...
*840In an action, inter alia, to recover damages for wrongful death, the defendants Stephan Goodman and James S. Vela appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Rockland County (Weiner, J.), entered September 19, 2005, as, upon so much of a jury verdict as awarded damages in the...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dorsa, J.), entered March 6, 2006, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning ...
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, Nassau County (Bucaria, J.), dated June 9, 2006, as denied their motion for summary judgment dismissing the complaint. Ordered that the order is reversed insofar ...
In an action to foreclose a mechanic’s lien, the defendant 115 Flying Point, LLC, also known as 115 Flying Point Road, LLC, appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated January 6, 2006, as denied, in effect, as academic, that branch of its motion...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated July 5, 2006, which granted the defendants’ motion to transfer venue of this action from Kings County to Nassau County pursuant to CPLR 510 and 511. Ordered that the order is...
In an action for a divorce and ancillary relief, the plaintiff former wife appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Nassau County (LaMarca, J.), entered January 13, 2005, which, inter alia, awarded her maintenance and retroactive child support, equitably distributed mar...
In an action, inter alia, to recover damages for breach of contract, the plaintiff *848appeals (1) from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 27, 2005, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7); (2) from a judgment of...
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated October 28, 2005, which granted the plaintiffs motion for summary judgment on the issue of liability and denied their cross motion for summary judgment dismissing the complai...
Order, entered on July 1, 1960, which denied defendant’s motion to dismiss the first, third, fifth and seventh causes of action, unanimously affirmed, without costs to either party. The court is constrained to follow the determination of this court in Wyman v. Pan American Airways (262 App. Div. 995, same case, 267 App...
In related actions, inter alia, to recover damages for breach of contract, the plaintiff in action No. 1 appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (LaMarca, J.), entered September 16, 2005, as granted those branches of the defendant’s motion which were for summary ju...
In an action, inter alia, 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 (Schmidt, J.), dated January 18, 2006, as denied that branch of her motion which was for leave to renew that branch of the defendant’s prior mot...
Judgment unanimously modified on the law and on the facts to delete therefrom the first decretal paragraph thereof, and in lieu thereof to order, adjudge and decree that the plaintiff B. W. Dyer & Co. recover of defendant Monitz, Wallack & Colodney a sum of money equal to the difference between the amount of $133,109.7...
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated January 11, 2006, which denied, with leave to renew upon the completion of discovery, their motion for summary judgment dismissing the complaint. Ordered that the orde...
In an action to recover damages for personal injuries, the defendant Cobar Construction Corp. appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated July 27, 2005, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Barbara Losito....
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered March 10, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint. Ordered that the order is affirmed, with costs. While attempting t...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered February 14, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the mea...
In an action pursuant to RRAFL article 15, inter alia, to quiet *859title to real property, the defendant JD Venture Capital, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 14, 2006, as denied that branch of its cross motion which w...
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated April 6, 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 summary...
In an action to recover no-fault medical payments under contracts of insurance, the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated August 2, 2006, which denied the motion of the plaintiff Montefiore Medical Center, as assignee of Sherice Haye, for summary judgment in its favor ...
*863In an action, inter alia, for a judgment declaring that the defendant Utica National Assurance Company is obligated to defend and indemnify the plaintiffs in two underlying personal injury actions entitled Karim v Natural Stone Indus., and Sattar v Natural Stone Indus., both pending in the Supreme Court, Queens Cou...
In a matrimonial action in which the parties were divorced by judgment entered February 28, 2001, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, J.), dated May 30, 2006, as denied that branch of her motion which was to modify a stipulation of sett...
*866In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 28, 2005, as granted that branch of the defendants’ motion which was for summary judgment dismissing so m...
In a matrimonial action in which the parties were divorced by judgment dated January 16, 1987, the defendant appeals from an order of the Supreme Court, Westchester County (Montagnino, R.), dated August 24, 2005, which, inter aha, granted that branch of the plaintiffs motion which was to compel the sale of the former m...
Appeal by the defendant from an order of the Supreme Court, Richmond County (Rienzi, J.), dated January 28, 2005, which, after a hearing to redetermine the defendant’s sex offender risk level pursuant to the stipulation of settlement in Doe v Pataki (3 F Supp 2d 456 [1998]), designated him a level three sex offender pu...
Appeals by the defendant from (1) an order of the Supreme Court, Richmond County (Rienzi, J.), dated May 27, 2005, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C, in connection with his conviction of sexual abuse in the first degree, and (2) an order of the same...
In an action to recover damages for personal injuries and property damage, the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated February 22, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Peter Phillips di...
In an action to recover damages for personal injuries, etc., the defendant Key Bank USA, N.A., now known as Keybank National Association, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered December 12, 2005, as denied that branch of its motion whic...
Appeal (1) from an order of the Supreme Court at Special Term, entered June 28, 1960, which denied a motion by appellant for summary judgment and granted a cross motion by respondents for summary judgment, and award a sum of money to respondents and (2) from the judgment entered thereon. Memorandum by the court. Order ...
Eager, J. (dissenting). I dissent insofar as this court would affirm that part of the order and judgment denying the motion of defendant Zara Marchant for summary judgment, and I would grant her motion and dismiss the cross complaint. In my opinion, there are no triable issues. It is clear from the writings constitutin...
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Kurtz, J.), dated April 3, 2006, which granted that branch of the motion of the defendants Gerald Papadatos and Cabrini Medical Center which was for leave to reargue that branch of the ...
In five related actions, inter alia, to recover damages for personal injuries, etc., Meagan A. Dixon and Eleanor M. Dixon, defendants in action Nos. 1, 2, 3, and 4, appeal from an order of the Supreme Court, Rockland County (Garvey, J.), dated December 6, 2005, which denied their motion for summary judgment dismissing ...
Order, entered July 27, 1960 dismissing complaint for legal insufficiency, unanimously reversed, on the law, with $20 costs and disbursements to plaintiff-appellant-respondent, and the motion for summary judgment under rule 113 of the Rules of Civil Practice denied, with $10 costs, with leave, however, to defendants, i...
In 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, Westchester County (Murphy, J.), entered September 16, 2005, as denied its motion for summary judgment dismissing the complaint. Ordered that the order is affirmed insofa...
On this submission of controversy upon agreed facts, pursuant to sections 546 to 548 of the Civil Practice Act, judgment is directed, without costs, in favor of the defendant Empire Trust Company, as trustee, that the sum of $50,000 held by it in the lease security fund is the property of the holders of the bonds which...
In an action to recover damages for personal injuries, etc., the defendants Beverly Road Realty Company and Sheldrake Management, Inc., appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated January 3, 2006, which, without a hearing, denied their motion pursuant to CPLR 5015 (a) (1) and (4) to vaca...
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Colabella, J.), dated October 19, 2005, as, upon so much of a jury verdict as was in favor of the defendant Ruth McCormack on the issue of l...
Order, entered August 25, 1960 dismissing for lack of prosecution certain causes of action in behalf of adult plaintiffs in personal injury negligence action unanimously affirmed, with $50 costs and disbursements to the respondent. Plaintiffs-appellants, however, are granted leave to move to vacate such dismissal as to...
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), entered March 1, 2006, which granted that branch of the motion of the defendants Cablevision Systems Corp., Cablevision of Southern Westchester, Inc., and CSC Holdings, Inc...
Resettled order entered April 14, 1960, denying, among other things, the cross motion of the defendant Nationwide Insurance Company for summary judgment, unanimously modified to the extent of granting said defendant’s cross motion for summary judgment, with $10 costs, and as so modified, the resettled order is affirmed...
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated December 21, 2005, which denied their motion for summary judgment and granted the defendants’ cross motion for summary judgment dismissing the complaint. Ord...
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Mahon, J.), entered March 21, 2006, which, upon granting the defendants’ motion pursuant to CPLR 4401, made at the close of the plaintiffs case, to dismiss the complaint for failure to estab...
Proceeding pursuant to CPLR article 78 to review so much of a determination of the New York State Liquor Authority, dated May 22, 2006, as, upon the petitioner’s plea of no contest to charges of, inter alia, violating Alcoholic Beverage Control Law § 100 (2-b), revoked the petitioner’s liquor license, imposed a $1,000 ...
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a fact-finding and dispositional order of the Family Court, Kings County (Hamill, J.), dated February 10, 2006, as, after a hearing, found that she had abused and neglected the subject ...
In a proceeding pursuant to CPLR article 78, inter alia, to review so much of a determination of Robert Doar, Commissioner of the Office of Temporary and Disability Assistance, dated December 3, 2004, as, after a hearing, found that he lacked jurisdiction to review the computation of the petitioner’s public assistance ...
In a family offense proceeding pursuant to Family Court Act article 8, Kent Robertson appeals from an order of protection of the Family Court, Dutchess County (Sammarco, J.), dated February 1, 2006, which, after a hearing and upon finding that he committed the family offense of harassment in the second degree made afte...
*889In a hybrid proceeding pursuant to CPLR article 78, inter alia, to compel the respondent County of Nassau to abandon Old South Oyster Bay Road to the abutting landowners, and an action, inter alia, for a judgment declaring that the respondent Northrop Grumman Systems Corporation is unable to “procure fee title” to ...