Case law

Brown v. Barker

68 A.D. 592 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1902

Brown, Until the determination of the question whether said Alvin J. … (National Tradesmen's Bank v. Wetmore, 124 N. Y. 241, 251 ; Shellington v. Howland, 53 id. 371, 375 ; United Glass Co. v. Vary, 152 id. 121, 127.) The interlocutory judgment appealed from should be affirmed, with costs.

Wilson v. Brown

190 A.D. 926 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1919

People v. Brown

167 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1990

There was no Brady violation (see, Brady v Maryland, 373 US 83 ). … Moreover, defense counsel was given the customer’s Grand Jury testimony in time to use that evidence at the appropriate time during trial (see, People v Cortijo, 70 NY2d 868, 870 ; People v Murray, 140 AD2d 949, 950 , lv

People v. Brown

70 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · May 3, 1979

Brown v. Roland

215 A.D.2d 1000 · Appellate Division of the Supreme Court of the State of New York · May 18, 1995

v Town of New Paltz Police Dept., 211 AD2d 894, 897-898 ; see also, Colon v City of New York, 60 NY2d 78, 82 ; Martin v City of Albany, 42 NY2d 13, 16 ), and a pretrial determination of probable cause, as was made here, … creates a presumption of probable cause (see, Landsman v Moss, 133 AD2d 359, 360 ; Gisondi v Town of Harrison, 120 AD2d 48, 53 , affd 72 NY2d 280 ; Testa v Federated Dept.

Hayden v. Brown

2024 NY Slip Op 04251 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2024

Hayden v Brown ( 2024 NY Slip Op 04251 ) Hayden v Brown 2024 NY Slip Op 04251 Decided on August 21, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … substitute the executor of the estate of Ernestine Brown in place of Ernestine Brown in this action and to amend the caption accordingly.

People v. Brown

106 A.D.3d 756 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013

v Robinson, 95 AD3d 906 [2012]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). … Smith, 98 AD3d 533, 535 [2012]; People v Miller, 68 AD3d 1135 [2009]).

Brown v. Goord

18 A.D.3d 1084 · Appellate Division of the Supreme Court of the State of New York · May 26, 2005

Inasmuch as petitioner’s conduct was appropriately construed as a refusal to submit the requested urine sample (see 7 NYCRR 1020.4 [c]), we find no reason to disturb the determination (compare Matter of Campbell v Goord,

People v. Brown

93 A.D.3d 580 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2012

Trebach v. Brown

250 A.D.2d 449 · Appellate Division of the Supreme Court of the State of New York · May 14, 1998

Henriques, 78 NY2d 255, 259 ; Young v New York City Health & Hosps. … Corp., 91 NY2d 291, 297 ; see also, Merriman v Sherwood, 204 AD2d 998, 998-999 ; Ia zzetta v Vicenzi, 200 AD2d 209 , lv dismissed 85 NY2d 857 ).

Brown v. ComPany

118 A.D. 190 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1907

In Williams v. Montgomery ( 148 N. … See New York Security & Trust 0o. v, Mydenstéin (7Ó Hun, 216). — [Rep.

Negros v. Brown

15 A.D.3d 994 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 2005

Kassim v City of New York, 256 AD2d 386 [1998]). … There are thus “issues of fact concerning whether [Schmigiel] was negligent in his operation of [the] vehicle [owned by Brown] and whether such negligence was a proximate cause of plaintiffs injuries]” (Zielinski v Van Pelt

Brown v. Calisi

2024 NY Slip Op 04056 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 2024

Brown v Calisi ( 2024 NY Slip Op 04056 ) Brown v Calisi 2024 NY Slip Op 04056 Decided on July 31, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Brown, appellant, v Domenic Calisi, et al., respondents, et al., defendants. Jonna Spilbor Law, Poughkeepsie, NY (Andrew W. Humphreys of counsel), for appellant. Rivkin Radler LLP, Uniondale, NY (Cheryl F.

People v. Brown

144 A.D.2d 975 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1988

(People v Clinkscales, 134 AD2d 889 , lv denied 70 NY2d 1005 ). … A prosecutor has broad discretion whether to grant permission to enter a lesser plea (see, People v Esajerre, 35 NY2d 463, 466-467 ) and may, if he so chooses, withdraw a prior plea offer (People v Pena, 50 NY2d 400, 411

People v. Brown

136 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1988

By order dated October 15, 1985, this court remitted the matter to Criminal Term for a hearing on the defendant’s speedy trial motion (People v Brown, 114 AD2d 418 ). … This satisfies the due diligence requirement of CPL 30.30 (4) (e) (cf, People v Orse, 118 AD2d 816, 818 ; People v Billups, 105 AD2d 795 ). Accordingly, the defendant’s speedy trial motion was properly denied.

Brown v. Willard

278 A.D. 728 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1951

(Furlong v. Winne & McKain Go., 166 Ápp. Div. 882 [3d dept.].) But here the mare was not on a public way or street. … (Benoit v. Troy & Lansingburgh plaintiff is the result of a tendency to run away or to knock down people B. B. Co., 154 N. Y. 223 .)

People v. Brown

249 A.D.2d 835 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1998

Contes, 60 NY2d 620, 621 , quoting Jackson v Virginia, 443 US 307, 319 [emphasis in original]). … Furthermore, it was not erroneous for County Court to deny his request to charge Penal Law § 20.10 as that statutory provision is inapposite to the subject factual situation (see, People v Manini, 79 NY2d 561 ).

People v. Brown

61 A.D.2d 1034 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1978

circumstances, Criminal Term should not have accepted the plea without inquiring further, or, at the very least, should have informed defendant that his version of the crime was inconsistent with his proffered plea (see People v … Beasley, 25 NY2d 483 ; People v Serrano, 15 NY2d 304 ).

People v. Brown

52 A.D.3d 301 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2008

withdraw his guilty plea, and his request for the assignment of new counsel in connection with the motion, after sufficient inquiry wherein defendant was afforded a reasonable opportunity to present his contentions (see People v … Furthermore, there was no factual dispute requiring a hearing, or any further inquiry, as to whether defendant violated the terms of his plea agreement (see People v Valencia, 3 NY3d 714 [2004]).

Brown v. Cohan

254 A.D. 20 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1938

(Hoffman v. Grobsmith, 129 Misc. 91 ; affd., 222 App. Div. 793 ; Haniford v. Safer, 214 id. 435; Clark v. MacDonald, 62 Hun, 149 ; Parker v. City of New York, 122 Misc. 660 .) The Court of Appeals in Salimoff & Co. v.