Case law

Marszalek v. Brown

247 A.D.2d 827 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998

Brown and owned by defendant. Defendant failed to present evidence establishing as a matter of law that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). … Elliott, 57 NY2d 230, 236 ; see, Tankersley v Szesnat, 235 AD2d 1010, 1013 ; Gleissner v LoPresti, 135 AD2d 494, 495 ; cf., Shames v Murtha, 204 AD2d 841 ).

People v. Brown

41 A.D.3d 261 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2007

at 176 , quoting People v Noble, 86 NY2d 814, 815 [1995]; see also People v Patterson, 38 AD3d 431, 432 [2007]). … People v Payne, 3 NY3d 266 [2004]; People v Feingold, 7 NY3d 288 [2006]) is misplaced.

People v. Brown

115 A.D.2d 550 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1985

Accordingly, defendant’s conviction on that count of sexual abuse must be vacated, and that count of the indictment dismissed (see, People v Jamison, 62 AD2d 1042 , affd 47 NY2d 882 ). … P., Thompson, Bracken and Brown, JJ., concur.

People v. Brown

109 A.D.2d 1091 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1985

Because defendant neither requested that charge nor took exception to the court’s failure to so charge, the question has not been preserved for our review (see, People v Karabinas, 63 NY2d 871 ; People v Johnson, 61 NY2d … 656 ; People v *1092 Creech, 60 NY2d 895 ).

People v. Brown

298 A.D.2d 176 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2002

Accordingly, defendant’s contentions are unpreserved (People v George, supra), and we decline to review them in the interest of justice. … The court’s justification charge conveyed the proper legal principles (see People v Pons, 68 NY2d 264 ; People v Goetz, 68 NY2d 96 ).

People v. Brown

285 A.D.2d 472 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2001

AD2d 579 ; People v Dougherty, 251 AD2d 344 ). … The trial court correctly determined that certain statements which the decedent made before his death qualified as dying declarations (see, People v Nieves, 67 NY2d 125 ; People v Harris, 180 AD2d 819 ).

Brown v. Levitt

58 A.D.2d 915 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1977

To prevail, respondent must have rebutted this presumption with substantial evidence to the contrary (Matter of Bunnell v New York State Policemen’s & Firemen’s Retirement System, 50 AD2d 244 , app dsmd 39 NY2d 742 ), and … Matter of Helmich v New York Sate Policemen’s & Firemen’s Retirement System, 55 AD2d 730 ; Matter of Callerame v Levitt, supra).

People v. Brown

198 A.D.2d 901 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1993

Consequently, we modify the judgment by vacating the sentence, and remit the matter to the sentencing court either to impose the sentence promised or to afford defendant the opportunity to withdraw his plea (see, People v … Lefler, 193 AD2d 1143 ; People v Jackson, 188 AD2d 1086 ).

Brown v. Lavine

49 A.D.2d 49 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1975

Jefferson v Hackney, 406 US 535 ). … Therefore, its issuance to petitioner of only the voucher was arbitrary and capricious under the existing circumstances (Domine v Schreck, supra).

Brown v. Roblee

57 A.D.3d 1494 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2008

Brown (plaintiff) when he was punched by defendant Shawn Allen Roblee in the parking lot area of a ski resort owned by Holiday Valley, Inc., Holiday Valley Realty Company, Inc. and Win-Sum Ski Corp. … Christie, 71 NY2d 76, 85 [1987]; see also Jayes v Storms, 12 AD3d 1090 [2004]).

Brown v. Woods

85 A.D.3d 912 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2011

[b]; 506 [b]; Matter of Lawtone-Bowles v New York State Family Ct. Pistol Permit Unit, 81 AD3d 829 [2011]). Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur.

Rahman v. Brown

6 A.D.3d 518 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2004

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident (see Toure v Avis Rent A Car Sys … ., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955 [1992]).

People v. Brown

84 A.D.2d 819 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1981

There is no reason for applying Sandoval to witnesses other than the defendant (see People v Allen, 67 AD2d 558 ; People v Duffy, 44 AD2d 298 , affd 36 NY2d 258 ). … People v Rahman, 46 NY2d 882 ). Accordingly, we have ordered a new trial. Hopkins, J. P., Damiani, Gibbons and Weinstein, JJ., concur.

People v. Brown

59 A.D.3d 1058 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review” of the defendant’s contentions, the court must deny a motion to vacate the judgment (CPL 440.10 [2] [c]; see People v

Nath v. Brown

48 A.D.3d 1166 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2008

Hosp., 31 AD3d 1160 [2006], lv denied 7 NY3d 713 [2006]; see also Mateo v 83 Post Ave. Assoc., 12 AD3d 205 [2004]). … Big V Supermarkets, 86 NY2d 744, 746 [1995] [internal quotation marks omitted]). *1168 In view of our determination, we do not consider defendant’s remaining contentions.

People v. Brown

256 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1998

We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v Antommarchi ( 80 NY2d 247, 250 ), to be present at certain sidebar conferences with … Although the waiver was conveyed by counsel, defendant was clearly aware of his -right to be present, since he exercised that right by participating in other such conferences (People v San *93 tana, 247 AD2d 201 , lv denied

Bodine v. Brown

12 A.D. 335 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

The primary meaning of the word “issue” includes all descendants (Drake v. Drake, 134 N. Y. 224 ), but.-would not include the heirs at law of a person dying without, children. … (Bisson v. W. S. R. R. Co., 143 N. Y. 128 .) We have carefully examined the codicils to the will,, but find nothing in them that will tend to indicate that the testator had a different intention.

People v. Brown

126 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1987

The rule mandating the exclu *658 sion of identification testimony based on an unduly suggestive showup is therefore inapplicable on the facts herein (see, People v Logan, 25 NY2d 184 ; People v Medina, 111 AD2d 190, 191 … We therefore decline to reverse the conviction on this ground, despite the fact that the challenged testimony was not technically in the nature of rebuttal (see, CPL 260.30 [7]; People v Sterling, 95 AD2d 927, 928 ).

Brown v. Lannert

272 A.D.2d 323 · Appellate Division of the Supreme Court of the State of New York · May 1, 2000

Rutkoske, 251 AD2d 584 ; Matter of Magwood v Glass, 240 AD2d 409 ; Matter of Duso v Kralik, 216 AD2d 297 ; Matter of Reape v Gunn, 154 AD2d 682 ). … Assocs. v State Div. of Human Rights, 45 NY2d 176 ).

Brown v. Snyder

57 A.D. 413 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1901