Case law

Claim of Brown v. Tannin Corp.

245 A.D. 900 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1935

Appeal from decision of State Industrial Board denying application by employer and carrier to modify an award of death benefits to Julia Elizabeth (Brown) McKenzie, a dependent sister of deceased. … This award to the claimant Julia Elizabeth Brown McKenzie (as was the award in the case of the granddaughter Kathaleen Bissett in Matter of Lynch v.

Bertran v. Brown

260 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1999

As to the question of duty, the City can be held liable for permitting dangerous obstructions or nuisances to remain on its streets and sidewalks (see, Kamnitzer v City of New York, 265 App Div 636, 636-638 ).

Brown Harris Stevens Westhampton LLC v. Gerber

107 A.D.3d 526 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2013

Corp. v Tower Ins. Co. of N.Y., 81 AD3d 516 , 517 [1st Dept 2011]). … Defendant’s deposition testimony, although not available at the time of the first motion, did not yield such new evidence as to warrant consideration of the second motion (see Pavlovich v Zimmet, 50 AD3d 1364, 1365 [3d Dept

Brown v. City of New York

22 A.D.3d 241 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 2005

discretionary acts involving the exercise of reasoned judgment, except in those cases where plaintiffs establish that they had a “special relationship” with the municipality giving rise to a duty enforceable in tort (see Pelaez v … Seide, 2 NY3d 186 [2004]; Lauer v City of New York, 95 NY2d 95, 99 [2000]; Tango v Tulevech, 61 NY2d 34 [1983]).

Brown v. Uptown Communications & Electric, Inc.

131 A.D.3d 1081 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 2015

Jewish Guild for the Blind, 3 NY3d 295, 305 [2004]; Cotterell v State of New York, 129 AD3d 653, 655 [2015]; King v North Shore Long Is. … Jewish Guild for the Blind, 3 NY3d at 313; Cotterell v State of New York, 129 AD3d 653, 655 [2015]; Nettles v LSG Sky Chefs, 94 AD3d 726, 731 [2012]).

People v. Brown

246 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1998

We see no reason to disturb the jury’s credibility determinations (see, People v Gaimari, 176 NY 84, 94 ). … Moreover, since defendant never suggested any reasonable alternatives to closure, the trial court was not required to consider such alternatives (People v Ayala, 90 NY2d 490, 503 , cert denied — US —, 118 S Ct 574 ).

People v. Brown

252 A.D.2d 976 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1998

Memorandum: Defendant failed to move to withdraw his plea or vacate the judgment of conviction, and thus the issue of the voluntariness of the plea is not preserved for appellate review (see, People v Lopez, 71 NY2d 662, … 665-666 ; People v Johnson, 251 AD2d 996 ; People v Perez, 228 AD2d 821, 822-823 , lv denied 88 NY2d 968 ).

Montanez v. Jeffrey M. Brown Associates, Inc.

131 A.D.3d 1024 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 2015

We therefore reduce the award to 10% of the contingency fee (see Matter of Sucheron, 95 AD3d 892 [2012]; Catinella v Mecca & Son Trucking Corp., 90 AD3d 966 [2011]).

BROWN, CURTIS, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Jun 17, 2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CURTIS BROWN, DEFENDANT-APPELLANT. LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT. … People v Samms, 95 NY2d 52, 58).

Rodriguez v. Brown

257 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1999

counsel, is without evidentiary value because counsel had no personal knowledge of the facts, and therefore was insufficient to defeat the plaintiffs prima facie showing of entitlement to summary judgment (see, Zuckerman v

Triana v. Board of Education

47 A.D.3d 554 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2008

“The Education Law requires a probationary period of three years for a certified teacher to secure tenure (Education Law § 3014 [1])” (Matter of Speichler v Board of Coop. Educ. … Board of Educ. of W.

Bloom v. Town Board

41 A.D.2d 533 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 1973

As indicated in Blumberg v. … The board was advised by me board member responsible for this particular matter that such approval had been received; At least one of the other board members was personally aware of the approval.

People v. Brown

251 A.D.2d 423 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1998

Seeley, 199 AD2d 7 ; see also, People v Olivo, 52 NY2d 309 ; People v Alamo, 34 NY2d 453 ; People v Quinones, 162 AD2d 175 ; People v Brightly, 148 AD2d 623 ). … The defendant’s remaining contention also is without merit (see, People v Stewart, 188 AD2d 626 ; see also, People v Lugo, 227 AD2d 247 ). Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.

Vizzi v. Town Board

51 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1976

Elman v. Brown, Harris, Stevens, Inc.

286 A.D. 247 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 1955

McGoldrick v. Sterling, 283 App. Div. 88 .) Whether the option to purchase is real or illusory may become a question of fact. … McGoldrick v. Sterling, supra; Gilligan v. Tishman Realty & Constr. Co., 283 App. Div. 157 , affd. 306 N. Y. 974 .)

People v. Brown

254 A.D.2d 793 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1998

Thus, that issue is not preserved for our review (see, CPL 470.05 [2]; People v Serach, 247 AD2d 885 ; People v Angel E., 233 AD2d 938 , lv denied 89 NY2d 939 ; People v Raleigh, 184 AD2d 869 , lv denied 80 NY2d 908 ), and

Jennings v. Board of Elections

32 A.D.3d 486 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2006

of Krueger v Richards, 59 NY2d 680, 682 [1983]; Matter of Green v Mahr, 231 AD2d 480 [1996]). … Board of Elections of City of N.Y., 297 AD2d 355 [2002]; Matter of Green v Mahr, supra).

Stevens v. Brown

249 A.D.2d 911 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1998

—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435 ; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Oneida County, Buckley, J. — Set Aside Verdict.)

People v. Brown

249 A.D.2d 557 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998

Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). O’Brien, J.

Storrar v. Board of Education

258 A.D.2d 628 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

School Sys., 90 NY2d 662 ; Matter of Lovett v Manhasset Pub. … Schools, 245 AD2d 455 ; Matter of Sadoff v Ithaca City *629 School Dist. 246 AD2d 861 ; Matter of Weston v Board of Educ., 245 AD2d 722 ; Matter of Planck v Niskayuna School Dist, 245 AD2d 735 ).