Case law

People v. Brown

5 A.D.2d 819 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1958

Brown v. Herzberg

130 A.D. 894 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1909

Hurley v. Brown

66 N.Y.S. 295 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1900

Covenants are to be strictly' construed against the grantors (Hurley v. Brown, 44 App. Div. 480, 483 , 60 N. Y. … Hurley v. Brown, supra.

People v. Brown

37 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1971

While it is only in the exceptional case that the refusal to instruct the jury as to lower crimes is warranted (People v. … Moreover, no request was made or exception taken by the defendant from the trial court’s failure to so charge (People v. Lawhorn, 32 A D 2d 975).

People v. Brown

130 A.D.2d 585 · Appellate Division of the Supreme Court of the State of New York · May 11, 1987

The defendant’s remaining contention that certain comments made by the prosecutor during summation deprived him of a fair trial has not been preserved for appellate review (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467

People v. Brown

50 A.D.3d 1154 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2008

86 NY2d 81, 90-91 [1995]; People v Grogan, 28 AD3d 579, 581 [2006]; People v Baylor, 25 AD3d 562 [2006]; cf. … Seda, 93 NY2d 307, 311 [1999]; People v Grogan, 28 AD3d 579, 580-581 [2006]; People v Lloyd, 23 AD3d 296, 297 [2005]; People v Harrison, 22 AD3d 236 [2005]).

Proctor v. Brown

177 A.D. 722 · Appellate Division of the Supreme Court of the State of New York · May 4, 1917

The three defendants Morse, Clark and Brown, prior to September, 1910, constituted the firm of Charles A. Morse & Co., and were engaged in business as stock and bond brokers. … the defendant Brown was in no way connected therewith.

People v. Brown

146 A.D.2d 582 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1989

People v Cantor, 36 NY2d 106 ; People v Brown, 116 AD2d 727, 729 ; People v Belton, 55 NY2d 49 ; People v Brnja, 50 NY2d 366 ). … P., Thompson, Brown and Sullivan, JJ., concur.

People v. Brown

203 A.D.2d 374 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1994

Madera, 198 AD2d 235 ; People v Ramos, 166 AD2d 468 ; People v Yaghnam, 135 AD2d 763 ). … We decline to consider the issue in the exercise of our interest of justice jurisdiction in view of the overwhelming evidence of the defendant’s guilt (see, People v Yaghnam, supra; People v Montemurro, 125 AD2d 605 ).

Brown v. Rotker

215 A.D.2d 378 · Appellate Division of the Supreme Court of the State of New York · May 1, 1995

Brown v. Brown

275 A.D.2d 1068 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1949

Y. 184 ; Hegeman v. Stearns Realty Co., 117 App. Div. 754 , affd. 192 N. Y. 557 , and Ellwood v. Northrup, 106 N. Y. 172 .) … Brown in 1912 should be stricken out as the mortgage was not shown to be void for lack of consideration nor was its execution and delivery shown not to be; the voluntary free act-of plaintiff. All concur.

Horan v. Brown

43 A.D.3d 608 · Appellate Division of the Supreme Court of the State of New York · Aug 9, 2007

v Spencer, 36 NY2d 35, 43-51 [1974]; Wheeler v Sears Roebuck & Co., 37 AD3d 710, 711 [2007]; Wallace v Pacelli, 221 AD2d 778 [1995]; Hlavinka v Slovak Sky Bungalow Colony, 203 AD2d 855, 856 [1994]). … Spencer, supra at 48 [citation omitted]; see Hoppe v Hoppe, 281 AD2d 595 [2001]; Cantave v Peterson, 266 AD2d 492, 493 [1999]; Hlavinka v Slovak Sky Bungalow Colony, supra at 856-857).

People v. Brown

262 A.D.2d 328 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1999

the defendant’s guilt beyond a reasonable doubt (see, People v Ortiz, 76 NY2d 446, 449 ; People v Lam Lek Chong, 45 NY2d 64, 75 , cert denied 439 US 935 ; People v Scott, 134 AD2d 379, 380 ). … The defendant contends that the trial court erred in failing to grant his request for a missing witness inference (see, People v Kitching, 78 NY2d 532 ; People v Gonzalez, 68 NY2d 424 ).

Marino v. Brown

225 A.D.2d 529 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1996

While "a court, in its discretion, may grant renewal upon facts known to the moving party at the time of the original motion” (Karlin v Bridges, 172 AD2d 644, 645 ; see, Oremland v Miller Minutemen Constr. … and thereafter sought to move again on a different legal argument merely because he was unsuccessful upon the original application” (Foley v Roche, supra, at 568 ).

Gaylord v. Brown

128 A.D. 340 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1908

Brown & co., who are defendants in this action; that the firm -had become interested in certain gold and - copper, lands in the Republic of Santo Domingo and caused the defendant, the San Domingo Gold and Copper Company to … Gaylord, and that this defendant is ready and willing, upon the receipt of the proper releases, authorizations, assignment or transfer of said shares of stock from the said Brown & Co. and Alice B.

People v. Brown

295 A.D.2d 184 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2002

The court was then obligated to either obtain an unequivocal assurance of impartiality or excuse him (People v Arnold, 96 NY2d 358, 363 ; People v Blyden, 55 NY2d 73, 78-79 ). … , 97 NY2d 417 ; People v Bludson, 97 NY2d 644 ).

People v. Brown

269 A.D.2d 817 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000

AD2d 524, 525 , lv denied 90 NY2d 860 , 907; People v Perkins, 229 AD2d 981 , lv denied 88 NY2d 1023 ; People v Stephens, 198 AD2d 245 , affd 84 NY2d 990 ). … Kentucky, 476 US 79, 94 ; People v Hernandez, 75 NY2d 350, 355 , affd 500 US 352 ; People v Simmons, 171 AD2d 1053 , affd 79 NY2d 1013 ).

Dunn v. Brown

261 A.D.2d 432 · Appellate Division of the Supreme Court of the State of New York · May 10, 1999

Since allegations of intentional conduct cannot form the basis of a claim founded in negligence (see, Wertzberger v City of New York, 254 AD2d 352 ; Friedman v Gallinelli, 240 AD2d 699 ; Cummins v Schouten, 160 AD2d 1165 … Brown, intended to assault the plaintiff (see, Rastelli v Goodyear Tire & Rubber Co., 79 NY2d 289, 295 ; Vanacore v Teigue, 243 AD2d 706 ).

Brown v. Bauman

61 A.D.3d 540 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2009

People v. Brown

221 A.D.2d 822 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1995

, 72 NY2d 821, 822 ), and whether he intended to sell them (see, People v Johnson, 130 AD2d 804, 806 , lv denied 70 NY2d 704 ; People v Alvino, supra, at 245, 261 [Hancock, Jr., J., dissenting]). … , which was further mitigated by a timely limiting instruction that was repeated as part of the court’s final charge (see, People v Taylor, 141 AD2d 982, 983 ; People v Johnson, supra, at 806 ).