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4 Nov 2011, 7:12 am by JT
., N.A. v Hillside Cycles, Inc., 2011 NY Slip Op 07788 (2d Dept. 2011) Check out the hypocrisy in this one: “A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment (see Venables v Sagona, 46 AD3d 672, 673; Amico v Melville Volunteer [...] [read post]
16 Nov 2019, 7:51 am by The Law Office of Philip D. Cave
Thomas, 22 MJ 388 (C.M.A. 1986), cert. denied, 479 U.S. 1085 (1987); see also United States v. [read post]
21 Apr 2010, 9:51 am by JT
Bernal v Singh, 2010 NY Slip Op 03053 (2d Dept. 2010) “It is settled that the nature and degree of the penalty to be imposed pursuant to CPLR 3126 lies within the sound discretion of the Supreme Court (see CPLR 3126[3]; Joseph v Iannace, 6 AD3d 502, 503; Ordonez v Guerra, 295 AD2d 325, 326; Yona [...] [read post]
17 Jun 2008, 6:41 pm
Mar. 19, 2008) (summary disposition); see also United States v. [read post]
12 Mar 2010, 10:56 am by JT
Term 2d Dept. 2010) “The affidavit of defendant’s claims representative sufficiently established the timely mailing of the claim denial form (see Residential Holding Corp. v Scottsdale Ins. [read post]