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12 How. Pr. 313 · New York Court of Common Pleas · Mar 15, 1856
Brown is the owner and real party in interest, create no issue, and amount to a mere traverse, which is not recognized by the Code.
Cited 5 timesPublished101 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 1984
the spermatozoa found in the victims’ bodies and the human hairs recovered from their beds, and the frequency of occurrence of the same characteristics in the general population (see Matter of Abe A., 56 NY2d 288 ; People v
Cited 3 timesPublished43 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.
Cited 5 timesPublished30 F. 187 · U.S. Circuit Court for the District of Eastern New York · Jan 5, 1887
The motion for an attachment in this case presents the same question that arose in Onderdonk v. Fanning, 2 Fed.
Cited 3 timesPublished112 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.
Cited 4 timesPublished108 A.D.3d 1133 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2013
Cited 0 timesPublished199 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).
Cited 2 timesPublished1 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 ).
Cited 4 timesPublished249 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.
Cited 3 timesPublished191 Misc. 360 · New York Supreme Court · Feb 27, 1948
Act, § 1296; Matter of Brenner v. Bruckman, 253 App. Div. 607 , appeal dismissed 278 N. Y. 503 ). … Div. 757 ; Matter of Tiernan v. Walsh, 268 App. Div. 962 , affd. 294 N. Y. 299 ).
Cited 3 timesPublished187 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.
Cited 8 timesPublished23 A.D.3d 1125 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005
Cited 2 timesPublished109 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2013
Cited 0 timesPublished188 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
Cited 3 timesPublished193 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
Cited 10 timesPublished136 Misc. 493 · New York Supreme Court · Apr 2, 1930
Board of Missions, 102 N. Y. 99 ; McWhorter v. Stewart, 39 App. … (McWhorter v. Stewart, supra.) I hold that the mortgage is valid as against both defendants, Willi am H. Brown and Flora Brown, and that the plaintiff is entitled to the rehef demanded' in the complaint.
Cited 4 timesPublished76 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 ).
Cited 6 timesPublished284 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 ).
Cited 6 timesPublished141 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.
Cited 4 timesPublished107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013
Cited 0 timesPublished
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