Case law

Brown v. Andreoli

81 A.D.3d 498 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2011

Plaintiff failed to demonstrate a reasonable excuse for failing to move for a default judgment until more than one year after defendant’s time to answer had expired (see CPLR 3215 [c]; Mejia-Ortiz v Inoa, 71 AD3d 517 [2010 … The motion court, after determining that no reasonable excuse had been established, should have dismissed the complaint as abandoned (see CPLR 3215 [c]; Perricone v City of New York, 62 NY2d 661, 663 [1984]; Opia v Chukwu

People v. Brown

2018 NY Slip Op 1173 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 2018

People v Brown ( 2018 NY Slip Op 01173 ) People v Brown 2018 NY Slip Op 01173 Decided on February 20, 2018 Appellate Division, First Department Richter, J.P., J. … Kern, JJ. 971/14 4634 [*1]The People of the State of New York, Respondent, v Darryl Brown, Defendant-Appellant. Defendant appeals from the judgment of the Supreme Court, Bronx County (Robert A.

McMann v. Brown

92 A.D. 249 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1904

The motion was made September 18, 1903, The facts upon which defendant claimed that he' was entitled to have the complaint dismissed are similar to those stated in Fisher Malting Co. v. Brown ( 92 App. … Brown (supra) the motion to dismiss the complaint should have been granted.

People v. Brown

138 A.D.3d 504 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2016

People v. Brown

116 A.D.2d 727 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 1986

Ross, 456 US 798, 825 ; People v Ellis, 62 NY2d 393, 398 ; People v Jackson, supra). … S Ct 1863 ; People v Cruz, 34 NY2d 362, 370 , rearg granted and opn amended 35 NY2d 708 ; People v Hale, 75 AD2d 606, 607 ).

Brown v. Maouad

137 A.D.3d 1577 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2016

Brown v. Bullock

17 A.D.2d 424 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1962

Y. 229 ); Mink v. Keim ( 291 N. Y. 300 ); Greenberg v. De Hart (4 N Y 2d 511); Weisinger v. Berfond (11 A D 2d 817, affd. 9 N Y 2d 742) and other cases. … This is a power at once inherent and essential to the sound management of the court (Metropolitan Bank v. Pooley, 10 App. Cas. 210; Link v. Wabash R. R. Co., 370 U. S. 626 ; Stewart v. Butler, 27 Misc. 708 ; Civ. Prac.

Brown v. Maouad

137 A.D.3d 1577 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2016

People v. Brown

Appellate Division of the Supreme Court of the State of New York · Dec 15, 2015

People v Brown ( 2015 NY Slip Op 09199 ) People v Brown 2015 NY Slip Op 09199 Decided on December 15, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … Decided on December 15, 2015 Tom, J.P., Sweeny, Renwick, Manzanet-Daniels, JJ. 16390 1883/12 [*1] The People of the State of New York, Respondent, — v Rodney Brown, Defendant-Appellant. Seymour W.

Brown v. Bracht

132 A.D.2d 857 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1987

Brown, in which plaintiffs Gerald C. Morey and Howard N. Smith were passengers, collided with Bracht’s trailer. … In the circumstances, it could also apply to the other defendant drivers (cf., Brennan v Felter, 48 AD2d 846 ).

People v. Brown

129 A.D.2d 450 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1987

(See, People v Williamson, 40 NY2d 1073, 1074 .) … (Cf., People v Holt, 67 NY2d 819, 821 .)

People v. Brown

133 A.D.2d 773 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 1987

Austin, 112 AD2d 242 ; People v Aulet, 111 AD2d 822 , lv denied 66 NY2d 761 ). … , lv denied 69 NY2d 878 , quoting from Simmons v United States, 390 US 377, 384 ; see also, People v Jones, 125 AD2d 333 , lv denied 69 NY2d 829 ).

People v. Brown

36 A.D.3d 930 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2007

An intent to commit a crime can be inferred from these circumstances (see People v Johnson, 155 AD2d 555 [1989]; People v Cozzetto, 142 AD2d 684 [1988]; People v Middleton, 140 AD2d 550 [1988]; People v Haile, 128 AD2d 891 … Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Collins v. Brown

129 A.D.2d 902 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1987

When indicted by a Grand Jury for the underlying crimes, as plaintiff was here, a presumption of probable cause is created (see, Lee v City of Mount Vernon, 49 NY2d 1041 ) that plaintiff must overcome (see, Colon v City of … v City of Rochester, 71 AD2d 59, 69 ).

People v. Brown

253 A.D.2d 826 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1998

Sides, 75 NY2d 822, 823 ; People v Arroyave, 49 NY2d 264, 265 ; People v Murray, 245 AD2d 531 ). … Sandoval, 34 NY2d 371 ; People v Coward, 248 AD2d 397 ).

Dininny v. Brown

148 A.D. 671 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1912

Brown (defendant’s testator) and his wife to the plaintiff, for an expressed consideration of $25,000. … (Delavergne v. Norris, 7 Johns. 358 ; McGuckin v. Milbank, 152 N. Y. 297 .) Purchase by the covenantee of an outstanding and superior title is sufficient to justify an action for damages. (Tucker v.

Brown v. Goord

45 A.D.3d 930 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 2007

Coughlin, 68 NY2d 245, 249-250 [1986]; Matter of Doolan v Board of Coop. … Buffalo News v Buffalo Enter. Dev. Corp., 84 NY2d at 493 ).

People v. Brown

216 A.D.2d 670 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1995

Carl, 46 NY2d 806 ; People v Vella, 21 NY2d 249 ). … Bing, 76 NY2d 331, 344 ; see, People v Mann, 60 NY2d 792 ).

People v. Brown

160 A.D.2d 172 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1990

A handwriting expert offered his opinion that Brown had written the robbery note. The defendant presented no evidence. … (See, People v Lopez, 73 NY2d 214, 221-222 [1989] [hand inside jacket and announcing a "stickup” reasonably led to conclusion that defendant was displaying a firearm].) *174 The defendant’s counsel argues that Brown was denied

People v. Brown

89 A.D.3d 1473 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2011

People v McGrady, 45 AD3d 1395 [2007], lv denied 10 NY3d 813 [2008]; People v Davis, 304 AD2d 421 [2003], lv denied 100 NY2d 619 [2003]). … People v Maldonado, 199 AD2d 563 [1993]).