Case law

Brown v. Wal-Mart Stores, Inc.

2023 NY Slip Op 02403 · Appellate Division of the Supreme Court of the State of New York · May 5, 2023

Brown v Wal-Mart Stores, Inc. ( 2023 NY Slip Op 02403 ) Brown v Wal-Mart Stores, Inc. 2023 NY Slip Op 02403 Decided on May 5, 2023 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant … Decided on May 5, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ. 40 CA 22-00145 [*1]COREY BROWN AND MARJORIE BROWN

Johnson v. Board of Education

210 A.D. 723 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1924

In Herman v. Board of Education ( 234 N. Y. 196 ) the Court of Appeals has much aided the solution of this case. … (Dougherty v. Milliken, 163 N. Y. 527 ; Foster v. International Paper Co., 183 id. 45; Dowdell v. Lackawanna Steel Co., 198 id. 362.)

People v. Brown

178 A.D.2d 647 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1991

This issue is unpreserved for appellate review since the defendant failed to object when the court, following a hearing, granted the People’s application for closure (see, People v Contino, 153 AD2d 948 ; People v Gonzalez … In any event, the evidence adduced at the hearing establishes that the court’s decision was proper (see, People v Weaver, 162 AD2d 486 ; People v Contino, supra).

Bender v. Board of Regents

262 A.D. 627 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1941

At the hearing before the Dental Board the only competent prbof offered to establish petitioner’s guilt was given by the special investigators who testified for the prosecution in People v. … (Schindler v. Royal Insurance Co., 258 N. Y. 310 ; Matter of Kaufmann, 245 id. 423 .)

Montgomery v. Brown

178 A.D.2d 247 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1991

This does not constitute a " 'sudden, fortuitous mischance, unexpected, out of the ordinary’ ” (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012 ), and therefore does not qualify as an accidental injury within

Rowe v. Board of Education

120 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · May 15, 1986

Marra, 116 AD2d 786 ; Blakeslee v Lubell, 66 AD2d 958 ). … A court has no right to invade the province of the jury unless "no reasonable [person] would solve the litigation in the way the jury has chosen to do” (Rapant v Ogsbury, 279 App Div 298, 299 ).

People v. Brown

173 A.D.2d 236 · Appellate Division of the Supreme Court of the State of New York · May 9, 1991

In any case, it is beyond dispute that a witness may be compelled to speak at a lineup in order to assist in the identification procedure (see, People v Scarola, 71 NY2d 769 ; People v Ayala, 151 AD2d 1028 ).

Williamson v. Brown

173 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · May 7, 1991

(Matter of Berenhaus v Ward, 70 NY2d 436, 443 .) Concur— Sullivan, J. P., Ellerin, Wallach, Ross and Smith, JJ.

Pyramid Co. v. Planning Board

24 A.D.3d 1312 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2005

” (Matter of Jackson v New York State Urban Dev. … We thus reverse the judgment and grant the amended petition in part by annulling the Board’s determination (see generally Matter of Taxpayers Opposed to Floodmart v City of Hornell Indus. Dev.

People v. Brown

172 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1991

Under these circumstances, we find no abuse of discretion by County Court in imposing sentence (see, People v Mackey, 136 AD2d 780, 781 , lv denied 71 NY2d 899 ; People v Neira, 130 AD2d 518 , lv denied 70 NY2d 715 ).

BROWN, ANTHONY, PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Feb 14, 2014

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT V MEMORANDUM AND ORDER ANTHONY BROWN, DEFENDANT-APPELLANT. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. … Ravarini, 96 AD3d 1700, 1701, lv denied 20 NY3d 1014; see People v Kelly, 96 AD3d 1700, 1700).

People v. Brown

185 A.D.2d 609 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1992

On appeal from his conviction of murder in the second degree, defendant’s primary contention is that the court erred in denying his motion to sever his prosecution from that of his codefendant, Carlton Lewis (see, People v … Defendant argues that the court’s refusal to grant severance violated his Bruton rights (see, Bruton v United States, 391 US 123 ), and that redaction of Lewis’ statement was insufficient to prevent prejudice to him.

Williams v. Board of Trustee

210 A.D. 161 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1924

(Chamberlain v. Taylor, 105 N. Y. 185 ; Ebling v. Dreyer, 149 id. 460; Fulton County Gas & Electric Co. v. Hudson River Tel. Co., 200 id. 287.) … (Herman v. Board of Education, 234 N. Y. 196 .) But the duty of selecting a competent person as driver and custodian was that of the defendant. (Carman v. Mayor of New York, 14 Abb. Pr. 301 ; Shrimpton v.

People v. Brown

48 A.D.3d 827 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2008

Counsel’s application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Poitevien v. Brown

177 A.D.2d 268 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1991

(Richichi v Galligan, 136 AD2d 616 .) Concur— Sullivan, J. P., Milonas, Asch, Kassal and Smith, JJ.

Brown v. Doxsee Sea Clam, Co.

231 A.D.2d 440 · Appellate Division of the Supreme Court of the State of New York · Sep 19, 1996

"bin board” used to prevent clams from falling off a conveyor on the vessel. … (Lake Tankers Corp. v Henn, 354 US 147, 150 , citing British Transp. Commn. v United States, 354 US 129 .)

Town Board v. Owen

127 A.D.2d 589 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1987

Schachter v Tomaselli, 105 AD2d 779 ). … Erlbaum, supra; Matter of Nicholson v State Commn. on Judicial Conduct, 50 NY2d 597, 606 ).

Federowicz v. Town Board

143 A.D.2d 519 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1988

Although there are rare exceptions to the rule, petitioner is not entitled to invoke the doctrine of estoppel because she has not shown that she relied in good faith upon the act of the Board in issuing the permits (see, … Matter of Parkview Assocs. v City of New York, 71 NY2d 274, 278-279 , rearg denied 71 NY2d 995 ).

Hinds v. Brown

176 A.D.2d 648 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1991

petitioner’s urine, the test results on the powder found in petitioner’s car were not necessary to establish such usage and, in any event, we find no gap in the chain of evidence as viewed "within reasonable limits” (People v

People v. Brown

171 A.D.2d 512 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1991

At a Wade hearing, the Court refused to suppress the show-up identification since it occurred near the scene of the crime shortly after its commission (People v Rodriguez, 64 NY2d 738 ) and was not unnecessarily suggestive … (People v Smith, 46 AD2d 639 , affd 38 NY2d 882 .) Concur — ¡Sullivan, J. P., Rosenberger, Wallach, Kupferman and Smith, JJ.