Case law

Brown v. City of Yonkers

119 A.D.3d 881 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 2014

City of Buffalo, 93 NY2d 471, 474 [1999]; Moncrieffe v City of White Plains, 115 AD3d 915, 916 [2014]; Laracuente v City of New York, 104 AD3d 822 [2013]). … v Robert Mondavi Corp., 73 AD3d 1007, 1009 [2010]).

Brown v. Miller

148 A.D.3d 1555 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

’s prior imaging studies revealed preexisting degenerative changes not causally related to the collision, and that the collision did not aggravate or exacerbate plaintiff’s preexisting degenerative condition (see Bleier v … Mulvey, 126 AD3d 1323, 1324 [2015]; French v Symborski, 118 AD3d 1251, 1251 [2014], lv denied 24 NY3d 904 [2014]).

Brown v. Miller

148 A.D.3d 1555 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 2017

’s prior imaging studies revealed preexisting degenerative changes not causally related to the collision, and that the collision did not aggravate or exacerbate plaintiff’s preexisting degenerative condition (see Bleier v … Mulvey, 126 AD3d 1323, 1324 [2015]; French v Symborski, 118 AD3d 1251, 1251 [2014], lv denied 24 NY3d 904 [2014]).

People v. Brown

2018 NY Slip Op 1324 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 2018

People v Brown ( 2018 NY Slip Op 01324 ) People v Brown 2018 NY Slip Op 01324 Decided on February 28, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 7281/00) [*1]The People of the State of New York, respondent, v Edward Brown, appellant. Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L.

Brown v. Venettozzi

148 A.D.3d 1446 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2017

In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Boyd v Annucci, 142 AD3d 1214, 1214-1215 [2016]; Matter of Flood v

Brown v. Fischer

148 A.D.3d 1383 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2017

We note that the loss of good time incurred by petitioner as a result of the disciplinary determination also should be restored (see Matter of Lawrence v Annucci, 141 AD3d 1063, 1063 [2016]). … In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Kirshtein v New York State Dept. of Corr. & Community Supervision,

Brown v. State

144 A.D.3d 1535 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

Appeal from an order of the Court of Claims (Nicholas V. Midey, Jr., J.), entered July 20, 2015. The order directed a judgment pursuant to CPLR article 50-B. … It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see

People v. Brown

145 A.D.3d 1549 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2016

Montanez, 135 AD3d 528, 528 [2016], lv denied 27 NY3d 1072 [2016]; People v Magin, 1 AD3d 1024, 1025 [2003]; see generally People v Rivera, 259 AD2d 316, 316-317 [1999]). … People v Bleakley, 69 NY2d 490, 495 [1987]).

People v. Brown

2018 NY Slip Op 1323 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 2018

People v Brown ( 2018 NY Slip Op 01323 ) People v Brown 2018 NY Slip Op 01323 Decided on February 28, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 15-00756) [*1]The People of the State of New York, respondent, v Carlton Brown, appellant. Gerald Zuckerman, Croton-on-Hudson, NY, for appellant. Anthony A.

Brown v. State

144 A.D.3d 1535 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

Memorandum: As noted in a prior appeal (Brown v State of New York, 79 AD3d 1579 [2010]), claimant commenced these consolidated actions, individually and as administratrix of the estate of her husband, Wayne Brown (decedent … dismissed the claims, concluding that claimant had failed “to establish that defendant’s ‘failure to complete [the] intersection safety study was a proximate cause of the accident forming the basis of [the] claim[s]’ ” (Brown

People v. Brown

145 A.D.3d 1483 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2016

Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Bleakley … We perceive no basis to disturb the jury’s credibility determinations (see People v Brown, 140 AD3d 1740, 1740 [2016]). The sentence is not unduly harsh or severe.

Brown v. State

144 A.D.3d 1539 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

Appeal from a judgment of the Court of Claims (Nicholas V. Midey, Jr., J.), entered August 6, 2015. The judgment awarded claimant money damages. … Same memorandum as in Brown v State of New York ([appeal No. 2] 144 AD3d 1535 [2016]). Present—Whalen, P.J., Smith, Lindley, Troutman and Scudder, JJ.

People v. Brown

142 A.D.3d 1373 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

The court properly determined that the officer was engaged merely in observation and was not in pursuit when he followed defendant into the store (see People v Feliciano, 140 AD3d 1776, 1777 [2016]; see generally People v … Cantor, 36 NY2d 106, 111 [1975]; see People v Lee, 96 AD3d 1522, 1527 [2012]).

Ambrose v. Brown

142 A.D.3d 1312 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2016

We conclude that the court erred in granting a mistrial inasmuch as the jury verdict was not the product of substantial confusion among the jurors (see Martinez v Te, 75 AD3d 1, 6-7 [2010]; Luzardo v Jamaica Hall Corp., 296 … Board of Educ. of City of N.Y., 60 NY2d 539, 545-546 [1983]; Reynolds v Krebs, 81 AD3d 1269, 1271 [2011]; Fleiss v South Buffalo Ry.

People v. Brown

2017 NY Slip Op 9204 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2017

People v Brown ( 2017 NY Slip Op 09204 ) People v Brown 2017 NY Slip Op 09204 Decided on December 28, 2017 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … Decided and Entered: December 28, 2017 107878 [*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ALEX BROWN, Appellant. Calendar Date: November 20, 2017 Before: McCarthy, J.P., Rose, Devine, Mulvey and Rumsey, JJ.

People v. Brown

156 A.D.3d 588 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2017

Application by defendant’s counsel to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1st Dept 1976]).

Brown v. State

144 A.D.3d 1535 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2016

Memorandum: As noted in a prior appeal (Brown v State of New York, 79 AD3d 1579 [2010]), claimant commenced these consolidated actions, individually and as administratrix of the estate of her husband, Wayne Brown (decedent … dismissed the claims, concluding that claimant had failed “to establish that defendant’s ‘failure to complete [the] intersection safety study was a proximate cause of the accident forming the basis of [the] claim[s]’ ” (Brown

US Bank National Ass'n v. Brown

147 A.D.3d 428 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2017

plaintiff attempted to withdraw it without prejudice is of no moment, since the statute merely requires that the party needs only to initiate proceedings, “and these proceedings manifest an intent not to abandon the case” (Brown … Off., Inc. v Joy Constr. Corp., 39 AD3d 417, 419 [1st Dept 2007]).

Brown v. Z-Live Inc.

2025 NY Slip Op 03242 · Appellate Division of the Supreme Court of the State of New York · May 29, 2025

Brown v Z-Live Inc. ( 2025 NY Slip Op 03242 ) Brown v Z-Live Inc. 2025 NY Slip Op 03242 Decided on May 29, 2025 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law … Brown, Plaintiff-Respondent, v Z-Live Inc., Doing Business as Stage 48, et al., Defendants-Appellants, Klevis Vulaj et al., Defendants.

Brown v. Metropolitan Life Insurance

41 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · May 7, 1973

. *932 Gray, offered some proof that knowledge of that history and treatment would have led to a refusal to write the policies, within the meaning of subdivision 2 of section 149 of the Insurance Law (Tolar v. … A new trial would present that opportunity (Lindenbaum v. Equitable Life Assur. Soo. of U. S'., 5 A D 2d 651). Rabin, P. J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.