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30 Jul 2012, 10:09 am
’s prima facie evidence of entitlement to judgment as a matter of law". [read post]
24 Jul 2012, 2:33 am
Moskowitz , Edelman & Dicker, 56 A.D.3d 1,8 [1st "Dept 2008] internal citations omitted). [read post]
23 Jul 2012, 2:13 am
Inc, v, Ralph Rjeder (86 A.D.3d 406,410 [1st Dept, 2011]) The existence of a valid and enforceable written contract governing the disputed subject matter precludes plaintiffs from recovering in quantum meruit (Shelffer v. [read post]
20 Jul 2012, 3:56 am
Botsacosa, 92 A.D.3d 610 [1st Dept 2012). [read post]
19 Jul 2012, 3:25 am
., 284 A.D.2d 633, teacher aides were given specific instructions to report any concerns about classroom matters -- they were to immediately bring them to the attention of the supervisor of special education or the school principal. [read post]
18 Jul 2012, 3:31 am
” This is the case even if the new “final determination” confirms the original administrative decision [see Raykowski v NYC DOT, 259 A.D.2d 367]. [read post]
16 Jul 2012, 10:01 pm
In Matter of Melendez, the First Department suspended Mr. [read post]
16 Jul 2012, 10:01 pm
In Matter of Melendez, the First Department suspended Mr. [read post]
13 Jul 2012, 3:35 am
The Appellate Division annulled the Commissioner’s decision and remitted the matter to him. [read post]
9 Jul 2012, 1:13 am
Giannattasio, 192 A.D.2d 512 [2nd Dept.,1993]). [read post]
7 Jul 2012, 7:57 am
James, 132 A.D.2d 932, 933 ), the Court of Appeals has restricted the use of reconstruction hearings to establish a record (People v Velasquez, 1 NY3d 44 [2003] ["Reconstruction hearings may be appropriate where it is clear that a proceeding took place that was not transcribed ( see e.g. [read post]
22 Jun 2012, 12:51 pm
Workers Local # 3, 93Misc.2d 590, 400 N.Y.S.2d 482 (N.Y.Sup.Ct.1977), aff'd, 69 A.D.2d 679, 419 N.Y.S.2d 127,appeal dismissed, 48 N.Y.2d 752, 422 N.Y.S.2d 666, 397 N.E.2d 1333 (1979). [read post]
18 Jun 2012, 4:00 am
The matter is affirmed on appeal with costs. [read post]
16 Jun 2012, 4:00 am
See, Matter of Elianne M., 196 A.D.2d 439 (1st Dept., 1993). [read post]
12 Jun 2012, 11:36 am
Co. (40 A.D.3d 444 [1st Dept. 2007]) and of the Second Department in BMW Fin. [read post]
1 Jun 2012, 8:59 am
Marchello, 100 A.D.2d 233, 241-242 (2d Dept. 1984), which considered allegations of homosexuality defamatory per se in light of the then-existing "social opprobrium of homosexuality. [read post]
30 May 2012, 2:56 pm
Melnick 942N.Y.S.2D 45 (A.D. 1Dept 2012) which denied a petitioner's motion to dismiss objections to the probate of the will where the objectant had already signed a release. [read post]
30 May 2012, 3:28 am
Lipsig, 92 A.D.2d 536, 459 N.Y.S.2d 98, 99 (N.Y. [read post]
17 May 2012, 10:53 am
(Machiavelli, when he wrote The Prince in 1513 A.D., had a similar vision about the importance of obtaining and holding power). [read post]
11 May 2012, 4:52 am
Doe, 96 A.D.2d 1018 [1983]).People v. [read post]