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13 N.Y.S. 142 · New York Supreme Court · Feb 4, 1891
Elisha Brown, now dead, .on the 18th of December, 1875, entered into an agreement, under hand and seal, with his son, the plaintiff. … The case of Austin v. Goodrich, 49 N. Y. 266 , is directly in point.
Cited 3 timesPublished145 A.D.2d 301 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1988
Viewing the evidence in the light most favorable to the People, as we must (People v Contes, 60 NY2d 620 ), we find that the proof demonstrated no more than a purely subjective claim of pain, which is legally insufficient … Such evidence provides too scant a basis upon which to predicate a finding of substantial pain or physical impairment (see, e.g., People v Hargrove, 95 AD2d 864 ), and we modify accordingly.
Cited 4 timesPublished17 N.Y.3d 708 · New York Court of Appeals · Sep 13, 2011
17 N.Y.3d 708 (2011) 954 N.E.2d 1178 930 N.Y.S.2d 552 PEOPLE v. BROWN. Motion No: 2011-727 Court of Appeals of New York. September 13, 2011.
Cited 0 timesPublished166 N.Y. 159 · New York Court of Appeals · Mar 8, 1901
” This action was brought by the plaintiff, as a taxpayer of the village of Hunda, to obtain a judgment annulling a contract made by the board of trustees of the village with the defendants, Charles E. and Chester T. … All of the alleged illegal acts on the part of the board of trustees, together with the alleged illegal contract entered into by them, have reference to the one building and to the one relief sought by the action.
Cited 2 timesPublished85 A.D.3d 1656 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2011
Cited 0 timesPublished278 A.D. 576 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1951
(Johnson v. Zerbst, 304 U. S. 458 ; People ex rel. Sedlak v. Foster, 59 N. Y. S. 2d 477, revd. on other grounds 274 App. Div. 850 , affd. 299 N. Y. 291 .) Carswell, Acting P.
Cited 3 timesPublished95 A.D.3d 1229 · Appellate Division of the Supreme Court of the State of New York · May 23, 2012
1980]; People v Monserrate, 90 AD3d 785, 787 [2011]). … Under these circumstances, there was legally sufficient evidence that the complainant suffered substantial pain and, therefore, sustained a physical injury (see People v Chiddick, 8 NY3d at 446 ; see also People v Kenner,
Cited 2 timesPublished245 A.D.2d 895 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1997
children’s lives might be enhanced either economically, emotionally or educationally, we find that Family Court assessed all relevant evidence in its consideration of the children’s best interests (see, Matter of Tropea v … Tropea, supra; Matter of Burnham v Basta, 241 AD2d 628 ; Matter of Mendoza v Adamson, 238 AD2d 737 ; Matter of Davis v Davis, 238 AD2d 708 ).
Cited 3 timesPublished132 A.D.3d 412 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 2015
As the People concede, defendant is entitled to resentencing for an express youthful offender determination (see People v Rudolph, 21 NY3d 497 [2013]). Concur — Tom, J.P., Acosta, Moskowitz and Richter, JJ.
Cited 0 timesPublished34 N.Y.S. 180 · New York Court of Common Pleas · Jun 3, 1895
Congreve v. Smith, 18 N. Y. 79 ; Congreve v. Morgan, Id. 84 ; Irvine v. Wood, 51 N. Y. 224 ; Clifford v. Dam, 81 N. Y. 52 ; Jennings v. Van Schaick, 108 N. Y. 530 , 15 N. E. 424 ; Ahern v. Steele, 115 N. Y. 203 , 22 N. … Supp. 100 ; Blunt v. Aikin, 15 Wend. 522 ; Irvin *182 v. Fowler, 5 Rob. (N. Y.) 482; Irvin v. Wood, 4 Rob. (N. Y.) 138; Vedder v. Vedder, 1 Denio, 257 ; Waggoner v. Jermaine, 3 Denio, 306 ; Brown v. Railroad Co., 12 N.
Cited 2 timesPublished280 A.D.2d 609 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 2001
After the defendant’s counsel exercised peremptory challenges to three white prospective jurors, the prosecutor raised a reverse-Batson objection (see, Batson v Kentucky, 476 US 79 ). … The defendant’s remaining contention is without merit (see, People v Garcia, 219 AD2d 669 ; People v Thomas, 174 AD2d 994 ). Ritter, J. P., Altman, Friedmann and Smith, JJ., concur.
Cited 3 timesPublished227 A.D.2d 286 · Appellate Division of the Supreme Court of the State of New York · May 21, 1996
the psychological aspect of petitioner’s retirement application, respondents were entitled to find that there was insufficient evidence to establish the existence of post traumatic stress syndrome (see, Matter of Whitton v … effectively, in making its recommendation that no causal connection exists between the incidents and the claimed disability (see, Matter of Bevers v New York City Employees’ Retirement Sys., 179 AD2d 489 , lv denied 79 NY2d
Cited 1 timesPublished79 A.D.3d 1766 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2010
Cited 0 timesPublished59 A.D.3d 561 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2009
Contrary to the defendant’s contention, he received the effective assistance of counsel (see Strickland v Washington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708, 713-714 [1998]; People v Baldi, 54 NY2d 137, 146-147 … The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.E, Miller, Garni and McCarthy, JJ., concur.
Cited 1 timesPublished127 A.D.2d 882 · Appellate Division of the Supreme Court of the State of New York · Feb 12, 1987
Brown and operated by defendant John L. Brown struck the rear of plaintiff’s car. … Frenire v Capital Dist.
Cited 4 timesPublished278 A.D.2d 779 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2000
Upon our review of the record, we conclude that the determination of guilt cannot stand inasmuch as it is not supported by substantial evidence (see, Matter of Bryant v Coughlin, 77 NY2d 642, 647 ). … circumstances, we conclude that the proof presented was inadequate to support the conclusion that petitioner utilized some type of threat to instill fear in the inmate, causing him to secure the $20 (see, id.; Matter of Greene v
Cited 4 timesPublished262 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 1999
taken from him at the time of his arrest, failing to respond meaningfully to the jury's request for a read-back of testimony, and because of prosecutorial misconduct relative to the questioning of a witness (see, People v
Cited 6 timesPublished
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