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*1337Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered August 5, 2003. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: De...
Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered May 28, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of stolen property in the fourth degree (two counts) and menacing in the second degree. It is hereby ordered that the case is held, the decision...
Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered July 2, 2003. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affir...
Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered April 20, 2005. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: Defendan...
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 11, 2006. The order, insofar as appealed from, denied plaintiffs’ motion to strike defendants’ answer for spoliation of evidence. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affir...
Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 2, 2006. The order denied defendant’s motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the moti...
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 23, 2006. The order, insofar as appealed from, denied in part defendant’s motion for a protective order and granted in part plaintiffs’ cross motion. It is hereby ordered that the order so appealed from be and the same hereby is...
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 15, 2006. The order, among other things, granted the motion of defendants Daniel J. Hughes and Deborah L. Kachelmeyer, also known as Deborah L. Hughes, for a protective order and to compel plaintiff to provide certain records to ...
Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered May 12, 2006 in a personal injury action. The order granted the motion of defendant Valeo Cincinnati, Inc. for summary judgment dismissing the complaint and cross claims against it, granted the motion of thi...
Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 20, 2004. The judgment *1347convicted defendant, upon his plea of guilty, of sexual abuse in the first degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum:...
Appeal from a *1349judgment of the Erie County Court (Michael E Pietruszka, J.), rendered September 13, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the second degree (two counts), resisting arrest and obstructing governmental administration in the second degree. It is hereby ordered tha...
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J), rendered June 28, 2005. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the second degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: Defendan...
*1351Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 27, 2005 in a personal injury action. The order granted defendants’ motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirme...
Appeal and cross appeals from an order of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered March 30, 2006 in a common-law negligence and Labor Law action. The order granted in part and denied in part the motions of defendants and third-party defendant for summary judgment and dismissed the common-law ...
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered August 22, 2005. The order granted defendants’ motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Memorandum: P...
Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 2, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition in part. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without cos...
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered January 4, 2006 in a personal injury action. The order and judgment granted defendants’ motion for summary judgment dismissing the complaint. It is hereby ordered that the order and judgment so appealed from b...
Hurlbutt, J.E, and Smith, J. (dissenting). We respectfully dissent because, in our view, Supreme Court properly granted the motion of defendants for summary judgment dismissing the complaint on the ground that there was a storm in progress. Defendants established that there was a storm in progress by submitting the dep...
Appeal from a resettled order of the Supreme Court at Special Term, entered January 12, 1961, in New York County, which (1) denied a motion by petitioner for an order to vacate, quash and set aside two subpoenas duces tecum *759(2) decreed affirmatively the production of certain books, records and field reports and (3)...
Rabin, J. (dissenting). I cannot concur fully with the result reached by the majority. I believe that the resettled order appealed from should be modified further so as to delete the second decretal paragraph thereof and amend the third decretal paragraph so as to provide for the examination to be held; pursuant to the...
Appeals from an order of the Supreme Court, Erie County (Joseph D. Mintz, J), entered August 3, 2005 in a medical malpractice action. The order granted plaintiffs motion seeking to set aside the jury verdict in favor of defendants Philip M. Stegemann, M.D. and the County of Erie and granted a new trial with respect to ...
Gorski, J. (dissenting). I respectfully dissent because, in my view, Supreme Court properly granted plaintiffs motion seeking to set aside the jury verdict in favor of Philip M. Stegemann, M.D. and the County of Erie (defendants) as against the weight *1363of the evidence. As the court properly determined, the evidence...
*1365Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 6, 2006 in a declaratory judgment action. The judgment denied the motion of plaintiff for summary judgment and granted the cross motion of defendants for summary judgment. It is hereby ordered th...
Appeal from a judgment of the Oneida County Court (Barry *1368M. Donalty, J.), rendered November 8, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. It is hereby ordered that the judgment so appe...
Appeal from order entered on-October 27, 1959, denying petitioners’ motion for an order directing the respondents to grant credit for the answers of the petitioners to questions 21, 25, 28, 29, 53, 54, 56, 66, 67 and 88 of the examination for promotion from Patrolman to Sergeant, Police Department, City of New York, he...
Order entered on September 16, 1960 unanimously reversed on the law and on the facts, without costs, and cross motion of defendant-appellant is granted to the extent of modifying the judgment of February 9, 1960 to strike therefrom the provision that the defendant-appellant pay to the plaintiff-respondent the sum of $2...
. Judgment dismissing the complaint at the close of plaintiff’s case, unanimously reversed, on the law, and a new trial ordered, without costs to either party. In this property damage action plaintiff established, prima facie, a ground for recovery. It was entitled, therefore, to have its claim passed on by the jury, o...
Judgment dismissing complaint after trial unanimously affirmed, on the law and on the facts, with costs to defendant-respondent. Plaintiffs, on the preponderance of the evidence, failed to establish any agreement or understanding, express or implied, by defendant Aaron Merker with the deceased to hold or use the saving...
In an action by the wife for an annulment of her marriage by reason of defendant’s fraud, defendant appeals: (a) from an order of the Supreme Court, Kings County, dated November 25, 1959, denying, after hearing oral proof, his motion to vacate the service of the summons and complaint upon him, to vacate the default jud...
In an action by the husband for a separation, in which the defendant wife counterclaims for the same relief, the plaintiff husband appeals from so much of an order of the Supreme Court, Westchester County, dated September 6, 1960, as, on reargument, adheres to the original decision and refers the defendant’s motion for...
In a summary proceeding by a landlord to recover possession of real property held by the tenant under a written lease, the tenant appeals from a final order of the County Court, Westchester County, rendered August 6, 1960, granting the petition and awarding possession to the landlord, after a nonjury trial. The lease b...
In a proceeding by the Village of Suffern, pursuant to statute (Village Law, § 89, subd. 7-a) and pursuant to the corresponding Unsafe Building Ordinance adopted by said village on March 10, 1958, against the owner of a building, to determine that the building is a public nuisance and to direct that it be demolished, t...
OPINION OF THE COURT McGuire, J. In a 32-count indictment issued in March 2001, defendant was charged with raping, sodomizing and sexually abusing his daughter. In April 2002, defendant proceeded to trial before Justice Allen and a jury. Following the direct examination of defendant’s daughter, however, counsel informe...
OPINION OF THE COURT Fisher, J. The issue presented on this appeal concerns the extent to which a municipality may be held liable for the way it responds to a suspected outbreak of a communicable disease at a school. Our Lady of Lourdes School is a parochial school run by the Roman Catholic Diocese of Brooklyn (hereina...
OPINION OF THE COURT Per Curiam. Respondent was admitted to the practice of law by this Court on January 10, 1991, and formerly maintained offices for the practice of law in Erie County and Monroe County. By order entered December 31, 2003, we suspended respondent from the practice of law for 18 months and until furthe...
OPINION OF THE COURT Per Curiam. Respondent Frank McClain-Sewer was admitted to the practice of law in the State of New York by the Second Judicial Department on September 24, 1986. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. Th...
In an action by an infant to recover damages for personal injuries, and by her mother to recover damages for medical expenses and loss of services, the appeal, as limited by defendants’ brief, is only by the defendant Board of Education and is only from so much of an order of the Supreme Court, Kings County, dated Augu...
OPINION OF THE COURT Fisher, J. The principal issue presented on this appeal concerns the circumstances under which it is necessary and appropriate to reopen a suppression hearing after witnesses at trial contradict the very testimony that led the hearing court to deny the defendant’s motion to suppress. The defendant ...
In an action to recover damages for personal injuries resulting from an intersection collision between the taxicab, owned by defendant Gatke and operated by defendant Dean, in which plaintiffs, were passengers, and the automobile owned by defendant Edward Zraick and operated by his wife, defendant Lorraine Zraick, the ...
OPINION OF THE COURT Per Curiam. Respondent Nancy Burton was admitted to the practice of law in the State of New York by the First Judicial Department on September 26, 1977. At all times relevant to this proceeding, respondent maintained an office for the practice of law in the State of Connecticut, where she was admit...
. In an action by one joint venturer against the other (defendant Lundgren), upon an agreement for the purchase, development and resale of certain real property and an equal division of the profits, and against defendant bank as administrator of the estate-owner of such real property, to impress a trust upon the proper...
OPINION OF THE COURT Sullivan, J. Defendant Greater New York Mutual Insurance Company (GNY) issued a business owners policy, effective September 30, 2003, providing first-party property damage coverage to plaintiff for its seven-story condominium apartment building at 117 Beekman Street in Manhattan. The building conta...
In three actions, consolidated and tried together, Action No. 1 being by the female plaintiff to recover damages for personal injuries and by her husband for medical expenses and loss of her services; Action No. 2 being by the female plaintiff to recover for damages to her automobile; and Action No. 3 being by defendan...
OPINION OF THE COURT Catterson, J. Joel Steinberg, the defendant-appellant, is a convicted child killer and abuser who fatally felled his six-year-old daughter with one blow of his hand, and then went out to dinner as she lay on a bathroom floor losing consciousness over the next 8 to 10 hours. He appeals now from a ju...
Andrias, J. (concurring in part and dissenting in part). While we are all in agreement that defendant-appellant perpetrated a heinous crime when he killed six-year-old Lisa, Justice McGuire is correct in finding, with regard to the inquest court’s award of damages for pain and suffering, to the extent alleged in the fi...
McGuire, J. (concurring in part and dissenting in part). I respectfully disagree with the majority in three respects. First, the October 10, 1989 order awarding summary judgment against appellant on the fifth, sixth and seventh causes of action on the basis of collateral estoppel was erroneous in part. That is, althoug...
In a derivative stockholder’s action, William Marco, as the administrator of the estate of a deceased stockholder of the Blue Ridge Corporation, and as the substituted appellant for plaintiff, Ida Marco, the former administratrix of said estate; and the two corporate defendants, Blue Ridge Corporation and Ridge Realiza...
OPINION OF THE COURT Sullivan, J. On April 8, 1998, while bicycle riding with a friend, the 13-year-old petitioner was struck by what the children described as a “van,” which then drove off. Petitioner suffered a fractured jaw, inter alia, that required surgical intervention. On June 26, 1998, petitioner, a qualified p...
OPINION OF THE COURT Goldstein, J. At issue here is whether the law allows a cause of action for *85damages allegedly sustained by the infant plaintiff as a result of an accident which occurred when she was in útero and not viable outside the womb. We hold that the law allows such a cause of action, since the accident ...
*91OPINION OF THE COURT Per Curiam. Respondent Kenneth D. Law was admitted to the practice of law in the State of New York by the First Judicial Department on January 14, 1985. At all times relevant to this proceeding, he maintained an office for the practice of law within the First Judicial Department.* On or about Ma...
OPINION OF THE COURT Spain, J. Petitioner commenced this proceeding in May 2006 pursuant to Mental Hygiene Law article 81 to be appointed guardian of the person and property of her father, respondent Daniel TT. (hereinafter respondent), the alleged incapacitated person. The petition alleges that respondent, then age 87...
OPINION OF THE COURT Saxe, J. On this appeal by the People from an order granting suppression of physical evidence, we are asked to consider whether the police violated the Fourth Amendment’s prohibition against unreasonable searches and seizures by extracting a small bag secreted within defendant’s rectum. This took p...
OPINION OF THE COURT Per Curiam. Respondent William E Hovell was admitted to the practice of law in the State of New York by the First Judicial Department on March 5, 1984, under the name William Paul Hovell. Respondent was admitted to practice law in Arizona on November 9, 1985. Respondent currently lives in Oklahoma ...
OPINION OF THE COURT Per Curiam. On or about June 23, 2004, the petitioner filed with the Court a notice pursuant to 22 NYCRR 691.3 seeking the imposition of reciprocal discipline upon the respondent based upon disciplinary action previously taken against him by the Supreme Court of South Carolina. By order of that cou...
OPINION OF THE COURT Per Curiam. Respondent Kevin John Flynn was admitted to the practice of law in the State of New York by the Second Judicial Department on February 24, 1988. At all times pertinent to this proceeding, respondent maintained an office for the practice of law within this judicial department. The Depart...
*121OPINION OF THE COURT Per Curiam. Stuart H. Finkelstein has submitted an affidavit dated May 18, 2006, wherein he tenders his resignation as an attorney and counselor-at-law (see 22 NYCRR 691.9). Mr. Finkelstein was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial D...
OPINION OF THE COURT Per Curiam. Respondent Gwenerva D. Cherry was admitted to the practice of law in the State of New York by the First Judicial Department on March 25, 1991. At all times relevant to these proceedings, respondent maintained an office for the practice of law within the First Judicial Department. The De...
OPINION OF THE COURT Per Curiam. *129By decision and order on motion of this Court dated December 14, 2005: (1) the respondent was immediately suspended from acting as a legal consultant in the State of New York pursuant to 22 NYCRR 691.4 (1) (1) (ii) and (iii), upon a finding that she is guilty of professional miscond...
OPINION OF THE COURT Saxe, J. This appeal raises the question of the types of machinery, equipment, tools and other items installed on business premises that are compensable as trade fixtures in the context of eminent domain. On July 20, 1998, the City acquired title by eminent domain to the property at 3087 Third Aven...
OPINION OF THE COURT Marlow, J. The issue before us is whether, in the absence of express language in the Limited Liability Company Law (§ 101 et seq.), a member of a limited liability company has standing to sue derivatively on the company’s behalf. We hold that the mere omission of this language from this particular ...
OPINION OF THE COURT Per Curiam. Respondent Rafael Ventura-Rosa was admitted to the practice of law in the State of New York by the First Judicial Department on September 19, 1983. At all times relevant to this petition, respondent resided in the State of Florida but is neither admitted to the Florida bar nor otherwise...
OPINION OF THE COURT Fisher, J. This appeal turns principally on the meaning of a single word in the blanket additional-insured endorsement of a commercial general liability insurance policy. In April 1999, Scala Contracting Co., Inc. (hereinafter Scala), entered into an agreement with the City of New York to perform c...
OPINION OF THE COURT Per Curiam. Respondent Jerry M. Vasquez was admitted to the practice of law in the State of New York by the First Judicial Department on May 2, 1988. At all times relevant herein, respondent was a solo practitioner with an office within the First Judicial Department. The Disciplinary Committee seek...
McGuire, J., dissents in a memorandum as follows: I respectfully dissent. In this action brought by former clients of the defendant law firm for legal malpractice, plaintiffs allege that defendant negligently provided erroneous advice concerning the legality under Russian law of a particular vehicle for investment in c...
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered March 31, 2005, which denied the municipal defendant’s motion to dismiss plaintiffs second through seventh causes of action and defendant S.J. Rehab Corp.’s motion to dismiss the entire complaint on grounds of statute of limitations, reversed, on the...
*207Judgment, Supreme Court, New York County (Rena K. Uviller, J., on motion to consolidate; Marey L. Kahn, J., at suppression hearing; Robert H. Straus, J., at trial and sentence), rendered January 8, 2004, convicting defendant, after a jury trial, of robbery in the first and third degrees, and sentencing him, as a pe...
Appeal from order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered July 19, 2005, which denied plaintiff infant’s motion, upon his failure to appear on the return date, to vacate a prior order, same court (Michael DeMarco, J.), entered on or about March 26, 2001, compromising plaintiffs claims, and ...
Order and judgment (one paper), Supreme Court, New York County (Marylin G. Diamond, J.), entered April 27, 2005, which, after a jury verdict in favor of defendant on his counterclaim for malicious prosecution, awarded compensatory damages of $10,000 and punitive damages of $100,000, and bringing up for review an order,...
*216Order, Supreme Court, New York County (Debra A. James, J.), entered October 19, 2005, which granted defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction and denied plaintiff’s cross motion for leave to amend the complaint, and order, same court and Justice, entered December 7, 2005, w...
Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered April 17, 2006, which, to the extent appealed from as limited by the briefs, denied defendants-appellants’ motion for *217summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is dir...
Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered July 5, 2005, dismissing all claims against third-party defendant De-Con Mechanical Corp., unanimously reversed, on the law, without costs, the judgment vacated, the indemnification claim reinstated, and the matter remanded for further proceedings...
*224Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered March 29, 2006, which affirmed a judgment of Civil Court (Small Claims Part), New York County (Barbara Jaffe, J.), entered on or about September 7, 2004, after a nonjury trial, awarding plaintiff the principal sum o...
*227Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered April 19, 2006, which dismissed the petition brought pursuant to CPLR article 78 to annul the determinations of respondent Division of Housing and Community Renewal (DHCR) revoking the order deeming petitioner eligible for a maximum base rent ...
Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered October 29, 2004, convicting defendant, after a nonjury trial, of two counts of repeated failure to file personal income and earnings taxes in violation of Tax Law § 1802 (a), and sentencing him to a term of five years’ probation with restitution...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 12, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed. The court ...
In 1954, in the Supreme Court, Kings County, plaintiff, Muriel Cohen, obtained a judgment of separation against defendant. She was awarded custody of the two infant children of the parties, $25 a week alimony for herself, and $100 a week for the support of the children. By order of said court, dated October 18, 1956, t...
Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J), entered on or about September 8, 2005, which, inter alia, denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to compel respondents to expunge all references to certain charges of misconduct from petitio...
In five negligence actions arising out of the same common accident involving three automobiles (the actions numbered 1, 2, 3 and 4, having been previously consolidated), Frederick Rogers, as plaintiff in Action No. 4, appeals: (1) from an order of the Supreme Court, Westchester County, dated November 20, 1958 (and ente...
Order, Supreme Court, New York County (Louis B. York, J.), entered January 4, 2006, which, in an action for legal malpractice, granted defendant Smith’s motion to dismiss the action as against him for failure to state a cause of action, unanimously affirmed, without costs. Order, same court and Justice, entered Februar...
In a stockholders’ derivative action: (a) to impress a trust on a sublease to premises occupied by the corporate defendant, which the individual defendants took in their individual names instead of in the name of the corporation; (b) to recover damages for such seizure of an opportunity belonging to the corporation; (c...
In Action No. 1 by the wife against the husband for a separation, the husband appeals from an order of the Supreme Court, Westchester County, dated June 22, 1960, denying his motion to dismiss various portions of the complaint pursuant to rule 280 of the Rules of Civil Practice, or in the alternative, to make the compl...
Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about January 24, 2006, which, inter alia, denied plaintiffs postjudgment motion to compel defendant and the parties’ children to vacate the former marital residence within 60 days, unanimously affirmed, with costs. The judgment of divorce, entere...
In an action against a Sheriff by his former deputy to recover moneys which it is alleged defendant wrongfully and illegally compelled plaintiff to pay to defendant, said defendant appeals from an order of the County Court, Orange County, dated August 2, 1960, which denied his motion to strike out plaintiff’s complaint...
Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered October 16, 2003, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 17 years; and judgments, same court (Troy K. Webber, J.), rendered April 6, 2004, convicting d...
In a proceeding pursuant to article 84, sections 1450, 1451 of the Civil Practice Act, to compel arbitration and to stay prosecution of a pending action between the parties, the petitioner appeals from an order of the Supreme Court, Westchester County, dated July 29, 1960, denying the petition on the ground that “ as m...
In this arbitration proceeding, a judgment upon an award of arbitrators was entered in 1954, in the Supreme Court, Kings County, directing that the partnership of the parties (Samuel, Morris and Benjamin Martz) be dissolved, and appointing one, Morris Horowitz, to supervise the liquidation of the partnership and to ren...
In two consolidated proceedings under article 78 of the Civil Practice Act, to review determinations by respondent Commissioner of Building and respondent Zoning Board of Appeals of the City of White Plains, which in substance approved, under stated conditions, the construction of an addition to the residence of respon...
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 3, 2005, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and *236sentencing him to concurrent terms of six years, unanimously affirmed. The verdict was not against the weight of the evidence. There is no...
In a controversy submitted on -an agreed statement of facts pursuant to section 546 of the Civil Practice Act, the question presented is whether a tax sale of real property, which is assessed by lot numbers on a filed map showing subdivided lots and streets, carries with it title to the center of the street in front *7...
Judgment, Supreme Court, New York County (Howard R. Silver, J.), entered March 20, 2006, dismissing the complaint as against defendant Montefiore Medical Center upon a prior grant of summary judgment, and noting discontinuance of the action as against defendant Robbins, unanimously affirmed, without costs. Plaintiffs f...
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 27, 2006, which denied petitioner’s application to file a late notice of claim, unanimously affirmed, without costs. Fetitioner failed to establish that respondent had timely notice of the essential facts of his claim; neither the newspa...
In an action against an attorney for an accounting and incidental relief, in which defendant has interposed a counterclaim for an accounting, plaintiff appeals from an order of the Supreme Court, Kings County, dated July 21, 1960, which denied his motion for summary judgment and conditionally granted defendant’s cross ...
In an action by a purchaser for the specific performance of a contract, in the form of a written memorandum, for the sale of real estate, the defendant seller appeals from an order of the Supreme Court, Kings County, dated February 26, 1960, denying Ms motion, pursuant to rule 113 of the Rules of Civil Practice, for su...
Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered July 22, 2005, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for renewal of its prior motion for summary judgment, and sua sponte declared defendant obligated to defend plaintiff in an underlying personal inju...
McGuire, J., concurs in a separate memorandum as follows: I *240agree that the order appealed from should be affirmed but write separately to underscore that this appeal resolves only a narrow issue. Defendant insurer Zurich’s sole argument on appeal is that the stipulation discontinuing with prejudice the underlying p...
*241Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 17, 2005, which, inter alia, granted the motion by defendant Jindo America, Inc. for summary judgment dismissing the complaint unless plaintiff joins certain parties as defendants in this matter and denied plaintiff’s cross motion for s...
In a negligence action, the defendants appeal from an order of the Supreme Court, Queens County, dated May 4, 1960 (and entered June 3, 1960), which: (a) granted reargument of plaintiffs’ motion to vacate defendants’ notice of examination before trial; and (b) upon reargument, adhered to the original decision and grant...
In an action by a purchaser of real property to recover moneys paid on account of the purchase price and title-search expenses, on the ground that the seller is unable to deliver title approved and insured by a named title insurance company, as provided in the contract, the defendant appeals from *793a judgment of the ...
Order and judgment (one paper), Supreme Court, New York County (Nicholas Figueroa, J.), entered June 29, 2005, granting the petition to the extent of annulling respondent agency’s determination that petitioner is not entitled to succeed to the cooperative apartment in question, and remanding the matter to respondent to...
Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 25, 2006, which granted the CPLR article 78 petition to the extent of annulling the determinations of respondent Superintendent of the Insurance Department, dated August 9 and October 18, 2004, denying petitioner’s ap...