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15 Jul 2011, 12:07 am by John Diekman
Student note: Defendant's remedy is a motion to vacate, pursuant to CPLR 5015[a][1].Case: Baez-Ferreira v. [read post]
2 Feb 2013, 1:31 pm by Brian Shiffrin
In People v McGrew (2013 NY Slip Op 00637 [4th Dept 2/1/13]), the Appellate Division, Fourth Department, reversed a conviction for criminal possession of a weapon and dismissed the indictment where the defendant was arrested by City of Syracuse police in the Town of Dewitt, more than 100 yards from the boundary line of the City of Syracuse. [read post]
16 Dec 2013, 2:40 am
Carlson, 183 Misc2d 630, 635, 705 NYS2d 830 (Crim Ct, NY Cty, 1999) (citations omitted).1 [There], the defendant was accused of spitting in the face of the complainant. [read post]
17 Mar 2012, 12:03 pm by Brian Shiffrin
In a 4-1 decision (People v Smith,2012 NY Slip Op 01896 (3/16/2012) the Appellate Division, Fourth Department agreed with Mr. [read post]
25 May 2015, 9:00 pm by Stephen Bilkis
The court must look to the “confluence of events and circumstances” (Hitchcock, 98 NY2d at 591), including both the defendant’s acts and his omissions (see Cowley, 83 NY at 472). [read post]
2 Nov 2011, 3:05 am by Andrew Lavoott Bluestone
In Hirsch v Fink ; 2011 NY Slip Op 07699 ; Decided on November 1, 2011 ; Appellate Division, First Department  we see an unusual situation. [read post]
8 Jan 2021, 3:30 am by Andrew Lavoott Bluestone
Hudson Yards LLC v Segal  2020 NY Slip Op 06353 Decided on November 05, 2020 Appellate Division, First Department is another case in which the brutal “but for” causation rule in legal malpractice ends a case. [read post]
3 Nov 2017, 3:55 am by Andrew Lavoott Bluestone
A stipulation which stated that the statute of limitations would not be asserted failed to stop the assertion of the statute of limitations in Dineen v Pratt  2017 NY Slip Op 07590  Decided on November 1, 2017  Appellate Division, Second Department the first half of which we reported on yesterday. [read post]
1 Dec 2011, 7:12 am by McNabb Associates, P.C.
Bronxville, NY 64 CHRISTOPHER COLON Howard Beach, NY 37 RICHARD GUTKOWSKI Ridgewood, NY 40 ANTHONY FRASCONE East Meadow, NY 62 PAUL CASELLA Franklin Square, NY 45 LAWRENCE ZAINO Westbury, NY 44 ALEKSANDR KRAVETS Brooklyn, NY 42 THOMAS DEVITT III East Meadow, NY 43 GERALD MONFORT West Babylon, NY 54 YONG WANG Flushing, NY 36 BORIS YUSUPOV Brooklyn, NY 36 VITALIY MINDYUK Brooklyn, NY 43 ZHANNA… [read post]
1 Dec 2011, 7:12 am by McNabb Associates, P.C.
Bronxville, NY 64 CHRISTOPHER COLON Howard Beach, NY 37 RICHARD GUTKOWSKI Ridgewood, NY 40 ANTHONY FRASCONE East Meadow, NY 62 PAUL CASELLA Franklin Square, NY 45 LAWRENCE ZAINO Westbury, NY 44 ALEKSANDR KRAVETS Brooklyn, NY 42 THOMAS DEVITT III East Meadow, NY 43 GERALD MONFORT West Babylon, NY 54 YONG WANG Flushing, NY 36 BORIS YUSUPOV Brooklyn, NY 36 VITALIY MINDYUK Brooklyn, NY 43 ZHANNA… [read post]
11 Jan 2023, 3:03 am by Andrew Lavoott Bluestone
” “In 2004, plaintiffs were named as defendants in the underlying action, captioned Trustees of Plumbers Local Union No. 1 Welfare Fund v Reem Plumbing & Heating Corp., 04-CV-4698 (CBA) (ED NY) (id., ,-i 5). [read post]
26 Mar 2010, 5:08 pm by Brian Shiffrin
Defendant admitted his commission of the two violations set forth in the petition, in exchange for a sentencing promise of imprisonment of 1 to 3 years, and the court ordered an updated presentence report. [read post]
9 Feb 2013, 10:45 am by Brian Shiffrin
People v Carr (2013 NY Slip Op 00809 [4th Dept 2/8/13]), is a good example of how this approach can benefit the defendant. [read post]
5 Apr 2010, 3:27 am by Andrew Lavoott Bluestone
In Red Hook/Gowanus Chamber of Commerce, Inc. v Brightbill ;2010 NY Slip Op 02719 ; Decided on April 1, 2010 ; Appellate Division, First Department . [read post]
19 Nov 2020, 6:47 am by Andrew Lavoott Bluestone
  Genesis REOC Co., LLC v Poppel 2020 NY Slip Op 33230(U) October 1, 2020 Supreme Court, New York County Docket Number:  156733/2017 Judge: Carol R. [read post]
3 Jun 2022, 10:58 am by Public Employment Law Press
Auth. 2022 NY Slip Op 03490 Decided on June 1, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]