Case law

Brown v. Schulman

244 A.D.2d 406 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1997

enforcing an order of the same court dated April 9, 1997, precluding the petitioner from introducing any evidence which would have been the subject of a Mapp /Dunaway hearing at the trial in a criminal action entitled People v … AD2d 773 , revd on other grounds 74 NY2d 865 ; see, Matter of Shay v Mullen, 215 AD2d 935 ).

Brown v. Turner

188 A.D.2d 994 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1992

The Board considered the relevant factors in making its decision (see, Matter of Friendly Ice Cream Corp. v Barrett, 106 AD2d 748 ). … of Stengel v Town of Woodstock Zoning Bd. of Appeals, supra), Supreme Court properly upheld the Board’s decision.

Brown v. Danforth

37 A.D. 321 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1899

In the case of Alyea v. Citizens’ Savings Bank ( 12 App. … To the same effect see Schillinger Cement Co. v. Arnott ( 152 N. Y. 591 ); Jacobie v. Mickle (144 id. 237).

People v. Brown

159 A.D.2d 716 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1990

Therefore, the conviction of the first count is against the weight of the evidence (see, CPL 470.15 [5]; People v Bleakley, 69 NY2d 490 ; People v Robinson, 139 AD2d 677 ). … Brown, J. P., Fiber, Balletta and Rosenblatt, JJ., concur.

People v. Brown

160 A.D.2d 659 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1990

(People v Cade, 74 NY2d 410, 414-415 .) … (People v Marin, 157 AD2d 521 .)

Brown v. Brown

65 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1978

Special Term did not abuse its discretion in denying defendant’s application to vacate the award to plaintiff of exclusive possession of the marital premises (see Ripp v Ripp, 38 AD2d 65 , affd 32 NY2d 755 ). Mollen, P.

Brown v. State

269 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000

MacCaull v. Brown

261 A.D.2d 829 · Appellate Division of the Supreme Court of the State of New York · May 7, 1999

assert lack of legal capacity to sue as a basis for dismissal by failing to seek preanswer dismissal of the complaint on that ground and by failing to assert that defense in his answer (see, CPLR 3211 [e]; City of New York v

People v. Brown

75 A.D.2d 718 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1980

Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the same memorandum as in People v Williams ( 75 AD2d 717 ).

Brown v. Speed

302 A.D.2d 915 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2003

Delma Eng’g Corp., 90 NY2d 966, 967-968 , quoting Miller v State of *916 New York, 62 NY2d 506, 513 ). … Although the provision of psychiatric care has been treated by the courts as a proprietary rather than a governmental function (see Schrempf v State of New York, 66 NY2d 289, 293-295 ; Rattray v State of New York, 223 AD2d

Brown v. Heller

252 A.D.2d 934 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1998

In our view, Supreme Court correctly determined that the conclusory allegations of the complaint could not competently support a finding of merit (see, Peterson v Scandurra Trucking Co., 226 AD2d 691, 692 ) but erred in its … reliance upon plaintiffs bill of particulars, which was verified by plaintiff’s attorney who had no personal knowledge of the facts (see, id.; Stokes v McKeithan, 172 AD2d 1077 ; cf., Pastore v Golub Corp., 184 AD2d 827,

People v. Brown

276 A.D.2d 269 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 2000

People v. Brown

278 A.D.2d 168 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2000

People v. Brown

278 A.D.2d 100 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2000

People v. Brown

270 A.D.2d 968 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2000

People v. Brown

81 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1981

Generally, “An assault in any of its degrees * * * is not a necessary legal element in a charge of [common law] murder” (People v McDonald, 159 NY 309, 314 ); hence the question is one always to *675 be determined upon the … Neither the principal nor the supplementary instruction is amenable to the criticisms enunciated in People v Chessman ( 75 AD2d 187, 194 ), and People v Brabham ( 77 AD2d 626 ); in those instances instructions were found

People v. Brown

121 A.D.2d 733 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1986

handcuffs were dangling from their hands (see, People v Adams, supra; People v Osgood, 89 AD2d 76, 81 ). … Under the circumstances, a reasonable possibility existed that the constitutional error contributed to the defendant’s conviction, and a new trial is therefore warranted (see, People v Almestica, 42 NY2d 222 ).

Brown v. Johnson

241 A.D.2d 829 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1997

Plaintiff Donna Brown (hereinafter plaintiff) was injured when she fell while “fast dancing” on the dance floor of defendant’s hotel. Plaintiff and her husband, derivatively, sued defendant for damages. … It is also urged that, in any event, so short a period of time is insufficient to impute constructive notice to the owner (see, Maiorano v Price Chopper Operating Co., 221 AD2d 698, 699 ).

People v. Brown

273 A.D.2d 160 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2000

Brown v. Phillips

185 A.D.2d 953 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1992

McKenna, 40 NY2d 815, 816 ; cf., Matter of Bynoe v Board of Elections, 164 AD2d 929 ). … Accordingly, the petition was not permeated with fraud (cf., Matter of Flower v D’Apice, 104 AD2d 578 , affd 63 NY2d 715 ). Harwood, J. R, Balletta, Eiber, O’Brien and Santucci, JJ., concur.