Case law
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268 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2000
School Dist., 91 NY2d 577, 582 ; Maher v Whitehead, 254 AD2d 263 ; Blessinger v Estee Lauder Cos., 246 AD2d 363 ), the pre-amendment provisions must be considered in resolving this issue. … v Behlen, 220 AD2d 720 ; Anderson v Baker, 248 AD2d 572 ).
Cited 4 timesPublished203 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 ).
Cited 3 timesPublished61 A.D.3d 540 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 2009
Cited 1 timesPublished221 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 ).
Cited 3 timesPublished125 A.D.2d 320 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1986
from "hemorrhagic shock” and severe pain and whose physical condition was rapidly deteriorating, made them "when emotional excitement continue[d] to dominate and [his] reflective powers [were] still in abeyance” (People v … Edwards, supra, at p 498 ; see, People v Nieves, 67 NY2d 125, 135 ; Matter of Lydia K., 112 AD2d 306, affd 67 NY2d 681 ; People v McCullough, 73 AD2d 310 ).
Cited 3 timesPublished55 A.D.3d 1418 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2008
Cited 0 timesPublished56 A.D.2d 649 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1977
Cited 1 timesPublished143 A.D.2d 1026 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1988
Satterfield, 66 NY2d 796 ; People v Baldi, 54 NY2d 137 ; People v Aiken, 45 NY2d 394 ). … We find that the sentence was not excessive (see, People v Suitte, 90 AD2d 80, 83 ). We have considered the defendant’s remaining contentions and find them to be without merit. Eiber, J.
Cited 2 timesPublished295 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 ).
Cited 4 timesPublished269 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 ).
Cited 4 timesPublished223 A.D. 393 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1928
(Phelan v. New York Title & Mortgage Co., 219 App. Div. 712 .) … Again in Earle v. Earle ( 93 N.
Cited 3 timesPublished57 A.D.3d 260 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2008
Accordingly, for the reasons stated in our prior decision (People v Hill, 52 AD3d 380 [2008]), we conclude that the verdict as to Brown was based on legally sufficient evidence and was not against the weight of the evidence … People v Jones, 38 AD3d 352 [2007], lv denied 9 NY3d 846 [2007]). Johnson’s ineffective assistance of counsel claim relating to this issue is likewise without merit.
Cited 2 timesPublished115 A.D. 884 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1906
Cited 1 timesPublished53 A.D. 6 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900
In Garlock v. Vandevort ( 128 N. … This view is supported by the cases of Riggs v. Cragg ( 89 N. Y. 479 ); Matter of Verplanck (91 id. 439) and Purdy v. Hayt (92 id. 446).
Cited 4 timesPublishedBrown & Brown, Inc. v. Johnson
2018 NY Slip Op 728 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2018
Brown & Brown, Inc. v Johnson ( 2018 NY Slip Op 00728 ) Brown & Brown, Inc. v Johnson 2018 NY Slip Op 00728 Decided on February 2, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau … BROWN & BROWN OF NEW YORK, INC., PLAINTIFFS-APPELLANTS-RESPONDENTS, v THERESA A.
Cited 0 timesPublished162 A.D. 438 · Appellate Division of the Supreme Court of the State of New York · May 6, 1914
It is just as I illustrated to you before, if Brown was owing Knight, and Oroft was owing Brown, and they agreed that Oroft should pay Knight instead of paying Brown and then Brown paying Knight, Brown was thereby released … was to accept Oroft as paymaster it is as if Brown was owing the plaintiff and *442 Oroft was owing Brown and the plaintiff consented to release his claim against Brown and Brown consented to transfer to the plaintiff so
Cited 1 timesPublished255 A.D.2d 686 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1998
Murtagh, 36 NY2d 306, 310 ; see, People v Wimberly, 145 AD2d 823, 825 , lv denied 73 NY2d 1024 ; People v Brown, 66 AD2d 223, 226 ). … 575, 578 ; People v Stockwell, 243 AD2d 992 ).
Cited 6 timesPublished156 A.D.2d 204 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1989
(See, People v Di Raffaele, 55 NY2d 234, 240 .) Also, defendant’s contention that the merger doctrine applies here as a bar to his kidnapping conviction has been waived by his valid guilty plea. … (People v Plummer, 122 AD2d 285 .) Concur—Kupferman, J. P., Asch, Kassal, Wallach and Rubin, JJ.
Cited 4 timesPublished152 N.Y.S. 936 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1915
Cited 1 timesPublished245 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1997
John the Baptist v Geraghty Constructor, 67 NY2d 997, 998 ; see also, Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 NY2d 193, 201-202). … [Presidential Towers Residence], 40 NY2d 897, 898; Matter of Prinze [Jonas], 38 NY2d 570, 577 ; Stadier v Findley, 148 AD2d 600 )” (Dazco Heating & Air Conditioning Corp. v C.B.C. Indus., 225 AD2d 578 ).
Cited 7 timesPublished
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