Case law

Finnegan v. Brown

43 A.D.2d 812 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1973

As we held King v. WNY Holding Corp. (38 A D 2d 685): “ Whether a deed, absolute on its face, is a mortgage depends upon the intent of the parties (Matter of Newcourt Realty Holding Corp. v.

Brown v. Faile

112 A.D. 302 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1906

. - In Moore v. … In Evans v. Cleveland ( 72 N.

People v. Brown

199 A.D.2d 963 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1993

all material stages of trial was violated when the initial Sandoval inquiry was conducted in his absence (see, People v Odiat, supra; People v Favor, 82 NY2d 254 ; People v Dokes, 79 NY2d 656 ). … Mitchell, supra; see, People v Odiat, supra).

Brown v. Wysong

1 A.D. 423 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

(City of Rochester v. Campbell, 123 N. Y. 412 .) … (City of Rochester v. Montgomery, 72 N. Y. 68 .) This principle is illustrated in the case of McGoldrick, v. N. Y. C. & H. R. R. R. Co. ( 20 N. Y. Supp. 914 ).

People v. Brown

109 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013

People v. Brown

113 A.D.3d 455 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014

There is no basis for disturbing the court’s credibility determinations, including its evaluation of the purported inconsistencies in testimony that defendant asserts on appeal (see People v Prochilo, 41 NY2d 759 , 761 [1977

Raimo v. Brown

249 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1998

a prima facie case in this action, the plaintiff must be able to demonstrate that the appellant created the condition which caused the accident or that it had actual or constructive notice of the condition (see, Gordon v … American Museum of Natural History, 67 NY2d 836 ; Thatcher v Waldbaums, Inc., 221 AD2d 519 ; Kane v Human Servs.

Brown v. Barron

23 A.D.3d 1125 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005

People v. Brown

187 A.D.2d 312 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1992

(Penal Law § 35.15 [2] [a]), and the number of shots fired into the victim (see, People v Major, 116 AD2d 594 ). … Finally, we find no basis to disturb the sentencing court’s exercise of discretion (People v Farrar, 52 NY2d 302 ). Concur—Sullivan, J. P., Milonas, Rosenberger, Ross and Asch, JJ.

Lashway v. Brown

278 A.D.2d 639 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2000

Costello, 270 AD2d 673, 674 ; Matter of Faison v Senkowski, 256 AD2d 702 , appeal dismissed 93 NY2d 870 ). … Goord, 254 AD2d 558 , lv denied 92 NY2d 819 ; Matter of Greene v Coombe, 238 AD2d 813 , lv denied 91 NY2d 801 ).

Prestia v. Brown

191 A.D.2d 224 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1993

People v. Brown

188 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1992

constitutional rights and failed to establish the elements of the crime to which he was pleading beyond a reasonable doubt is unpreserved for review as a matter of law since defendant never moved to withdraw the plea (People v … court having informed defendant of the constitutional rights he was waiving by pleading guilty and the various sentences he might receive based upon his criminal history and the charge to which he was pleading (see, People v

People v. Brown

252 A.D.2d 592 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 1998

The delay in sentencing the defendant was excusable because it was the result of his own conduct in providing law enforcement officials with aliases and other false information (see, People v Drake, 61 NY2d 359, 366 ). … Under the circumstances of this case, the sentence imposed on the defendant was not excessive (see, People v Suitte, 90 AD2d 80 ). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

Brown v. O'Connor

193 A.D.2d 1088 · Appellate Division of the Supreme Court of the State of New York · May 28, 1993

As a general rule, liability for the condition of real property ceases when control and possession of the property is transferred (Young v Hanson, 179 AD2d 978, 978-979 ; Romel v Reale, 155 AD2d 747, 748 ; Farragher v City … When, however, the new owner of the property has not had a reasonable time to cure an alleged defect on the property, liability remains with the former owner (Farragher v City of New York, supra, at 496; see also, Young v

People v. Brown

107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013

People v. Brown

284 A.D.2d 904 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 2001

Even assuming, arguendo, that the contention of defendant that he was denied effective assistance of counsel survives his guilty plea (cf., People v Burke, 256 AD2d 1244 , lv denied 93 NY2d 851 ), we conclude that defendant … Defendant has failed to demonstrate that defense counsel lacked a legitimate reason for not seeking severance (see, People v Dunn, 261 AD2d 940, 941 , lv denied 94 NY2d 822 ).

People v. Brown

76 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1980

, 68 AD2d 331 ; People v Goggins, 64 AD2d 717 ; People v Davis, 63 AD2d 685 ; People v Mariable, 58 AD2d 877 ; People v Lopez, 73 AD2d 676 ). … People v Conner, 69 AD2d 908 ).

Brown v. O'Keefe

141 A.D.2d 915 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1988

Wallace, 87 AD2d 926, 927 ; Matter of Redemption Church of Christ of Apostolic Faith v Williams, 84 AD2d 648 ). … However, granting permission to appeal sua sponte (see, Matter of Swartz v Wallace, supra, at 927), we nevertheless affirm Supreme Court’s order.

People v. Brown

77 A.D.2d 841 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1980

(See People v Brosnan, 32 NY2d 254, 262.) … of the five complained of remarks during summation were sustained by the court, so that only two of the statements stood uncleansed before the jury—"the defense in this case is an insult to your intelligence” and "John Brown

People v. Brown

193 A.D.2d 691 · Appellate Division of the Supreme Court of the State of New York · May 10, 1993

The defendant Lorraine Brown was one of three women who took part in a concerted attack on the victim (see, People v Allums, 193 AD2d 687 [decided herewith]; People v Allums, 193 AD2d 688 [decided herewith]). … Contrary to the arguments of the defendant Lorraine Brown, the verdict was not repugnant (see, People v Allums, 193 AD2d 688 , supra), the CPL 710.30 notice furnished by the People was sufficient to inform her of the sum