State Court Decisions

Supreme Court, Nassau County, Trial/IAS, Part 3

White v. Nehorai, 12221/13

Inference of Negligence in Unexplained Rear- End Collision Unrebutted by Conclusory Claims

12221/13
Justice F. Dana Winslow

Practice Areas: Torts

Supreme Court, Queens County, IAS Part 6

Walker v. Jones, 4812/13

Summary Judgment Dismissing Complaint As to All 'Serious Injury' Categories Granted

4812/13
Justice Howard Lane

Practice Areas: Insurance Law

Supreme Court, Bronx County, Part 13

Vinasco v. Sebco/Banana Kelly Assoc., 305694-11

Genuine Issues of Fact, Failure to Prove Notice Deny Defendants' Summary Judgment Motion

305694-11
Justice Fernando Tapia

Practice Areas: Torts

Supreme Court, New York County, Part 54

Eastern Funding LLC v. 843 Second Ave. Symphony, Inc., 652205/2015

Summary Judgment in Lieu of Complaint On Liability Against Defendants Granted

652205/2015
Justice Shirley Werner Kornreich

Practice Areas: Contracts

Supreme Court, New York County, Part 55

Galpern v. Air Chefs, L.L.C., 650347/2015

Landlord Allowed to Amend Complaint, Claims Of Unpaid Rent Granted in Part, Denied in Part

650347/2015
Justice Cynthia Kern

Practice Areas: Landlord/Tenant Law , Civil Procedure

Appellate Term, 2nd, 11th & 13th Judicial Districts

111-35 75th Ave. Owners Corp. v. Hendrix, 2013-945 Q C

Issuance of Eviction Warrant Can be Stayed 10 Days to Cure Breach, Cannot be Extended

2013-945 Q C
Before: Pesce, P.J., Weston and Solomon, JJ.

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, IAS Term, Part 43

Trump Village Section 4 v. Bezvoleva, 509277/2014

Defamation Claim by Former Co-op President Can Proceed

509277/2014
Justice Mark Partnow

Practice Areas: Torts , Intentional Torts , Defamation , Internet Law , Affirmative Defenses

Supreme Court, New York County, Part 50

In re: NYC Asbestos Litigation, 040000/1988

040000/1988
Justice Peter Moulton

Practice Areas: Torts , Mass Tort Claims

Civil Court, Queens County, Housing Part A

P&T Management Co., LLC v. Aponte, 059006/15

Issue if Reasonableness of Smoke In Apartment Question of Fact for Trial

059006/15
Judge Joel Kullas

Practice Areas: Landlord/Tenant Law

Supreme Court, Kings County, IAS Term Part 76J

Acuhealth Acupuncture, PC v. Country-Wide Ins. Co., 15621/12

Arbitrator's Ruling, Master Abitrator's Affirmation Did Not Warrant Vacatur

15621/12
Justice Ellen Spodek

Practice Areas: Alternative Dispute Resolution , Insurance Law

Supreme Court, Kings County, IAS Term, Part 52

Tribeca Lending Corp. v. Peets, 22919/092

Failure to Comply With CPLR 3215(g) Deprives Court of Jurisdiction, Ex Parte Motion Denied

22919/092
Justice Francois Rivera

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Civil Court, Bronx County, Housing Part L

Silverleaf Hall, LP v. Morrison, 040408/14

Tenant Waived Defense, Denied Fourth Post- Eviction OTSC to Dismiss Proceeding

040408/14
Justice Steven Weissman

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Housing Part

229 West 113th Street v. Lamb, 59150/2015

Landlord's 'Investigation' Insufficient To Ascertain if Tenant in Military Service

59150/2015
Judge Michael Weisberg

Practice Areas: Landlord/Tenant Law

Appellate Term, 2nd, 11th & 13th Judicial Districts

36 Main Realty Corp. v. Wang Law Office, PLLC, 2013-2750 Q C

Amendment to Petition to Include Rent Accrued After Commencement of Proceeding Proper

2013-2750 Q C
Before: Pesce, P.J., Aliotta and Elliot, JJ.

Practice Areas: Landlord/Tenant Law

Surrogate's Court, Bronx County

ESTATE OF MARIA TERESA CHITACAPA LOJA, Deceased

ESTATE OF MARIA TERESA CHITACAPA LOJA, Deceased (12/2586/A) — The administrator, one of the decedent's sons, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.

12/2586/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF KUNGEL PERSAUD, Deceased

ESTATE OF KUNGEL PERSAUD, Deceased (11/321/B/C) — On the last adjourned date of these separate proceedings for letters of administration, one by an alleged spouse of the decedent who is also the administrator of the estate of a post-deceased son, and one by a daughter of the decedent, it appeared that jurisdiction was complete in both proceedings and the parties entered into a stipulation which was "so-ordered" by the court. Pursuant to that stipulation, the alleged spouse, individually, withdrew her cross petition for letters of administration and, in both her individual capacity and as administrator of the estate of the post-deceased son, indicated that she did not object to the appointment of the daughter as administrator.

11/321/B/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Ayuna King

Order signed; 710A1995/A -Estate of Ayuna King

710A1995/A
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

E4 Services, Inc., a/a/o Cesar, N. v. National Liability & Fire Ins. Co.

570813/15. E4 Services, Inc., a/a/o Cesar, N. v. National Liability & Fire Ins. Co. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570813/15
: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.

Surrogate's Court, Bronx County

ESTATE OF VICTOR JOHNSON, ALSO KNOWN AS VICTOR AUSTIN JOHNSON, Deceased

ESTATE OF VICTOR JOHNSON, ALSO KNOWN AS VICTOR AUSTIN JOHNSON, Deceased (08/2693/A) — The administrator, the decedent's son, seeks to remove the restrictions on his limited letters of administration so that he may receive and judicially account for the settlement proceeds of a personal injury cause of action.

08/2693/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MILTON S. JONES, Deceased

ESTATE OF MILTON S. JONES, Deceased (04/E/88A) — In this proceeding by an alleged mortgagee of realty formerly held by the decedent seeking summary judgment determinating various claims against the estate, all of the parties entered into a written stipulation providing, inter alia, that the proceeding be marked off the calendar of the court without prejudice to restoration upon two weeks' notice to all parties and to the court and a settlement conference be scheduled with a member of the Law Department of the court.

04/E/88A
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

Hope Founders v. Williams, Gweneth

570350/15. Hope Founders v. Williams, Gweneth — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570350/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

ESTATE OF ELIZABETH MONTOYA, Deceased

ESTATE OF ELIZABETH MONTOYA, Deceased (10/2916/C) — The administrator, the decedent's spouse, seeks to distribute from his attorneys' escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.

10/2916/C
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Robert Eugene Summo

Order signed; 2014-1804 -Estate of Robert Eugene Summo; Order signed; 2014-1041/A -Estate of Paul Schmulbach; Order signed; 2014-1067/A -Estate of Richard Bitchatchi; Order signed; 2013-392/A -Estate of Geraldine L Demers; Order signed; 2014-2139 -Estate of Melva M Macentee; Decree signed; 2014-495 -Estate of Alfred Scopa; Decree signed; 2014-600 -Estate of Roselio Ramon Alvarez Perez; Decree signed; 2015-683 -Estate of Mary Thompson; Decree signed; 2014-2036/A -Estate of Joaquin Antonio Caceres; Decree signed; 2015-1234 -Estate of Jaime Luis Reyes; Decree signed; 2014-2347 -Estate of Nell Bryan; Decree signed; 2015-703/A -Estate of Kadeem Brown; Decree signed; 2015-762 -Estate of Daniel Martinez; Decree signed; 2014-2575 -Estate of Paul Hodge; Decree signed; 2015-1195 -Estate of Serenity Amos; Decree signed; 2014-1817/A -Estate of Ismael Velazquez; Decree signed; 2015-1094 -Estate of Rose Gootzeit; Decree signed; 2015-1821 -Estate of Enoch Sharp

2014-1804
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF IRVING BERNSTEIN, Deceased

ESTATE OF IRVING BERNSTEIN, Deceased (07/B/C/514P) — In these two proceedings, the executor, the decedent's spouse and sole testamentary beneficiary, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys' escrow account. The causes of action arose from the decedent's exposure to asbestos.

07/B/C/514P
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

125-127 Allen St. Associates v. Mei Jaio Lin

570635/14. 125-127 Allen St. Associates v. Mei Jaio Lin — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570635/14
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

737 Park Ave Acquisition, LLC v. Jetter, Robert B.

570131/15. 737 Park Ave Acquisition, LLC v. Jetter, Robert B. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570131/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

ESTATE OF SALVATORE A. CUNNINGHAM, ALSO KNOWN AS SALVATORE ANTHONY CUNNINGHAM, Deceased

ESTATE OF SALVATORE A. CUNNINGHAM, ALSO KNOWN AS SALVATORE ANTHONY CUNNINGHAM, Deceased (12/1792/A) — The administrator, the decedents mother, seeks to remove the restrictions on her limited letters of administration so that she may receive and distribute the settlement proceeds of causes of action arising from the decedent's personal injuries sustained in separate motor vehicle accidents and allocate the settlement proceeds to the personal injury causes of action. The administrator also seeks to disqualify the decedent's father from receiving a distributive share of the decedent's estate on the grounds of abandonment and failure to support the decedent (see EPTL 4-1.4).

12/1792/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF WILLIAM HEITNER, ALSO KNOWN AS WILLIAM E. HEITNER, Deceased

ESTATE OF WILLIAM HEITNER, ALSO KNOWN AS WILLIAM E. HEITNER, Deceased (12/1134/B) — In this proceeding by the Public Administrator to judicially settle his account, objections have been filed by a claimant, a former partner of the decedent. Accordingly, the matter will appear on the ready-for-trial calendar of the court upon compliance with Uniform Rules for Surrogate's Court (22 NYCRR) §§207.29 and 207.30.

12/1134/B
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARCIA CLARKE HINTON, Deceased

ESTATE OF MARCIA CLARKE HINTON, Deceased (11/710/A) — The administrator's application to reargue, as supported by her amended account, is granted. This decision constitutes the order of the court modifying this court's decision dated July 9, 2015 only to the extent of vacating so much thereof as directed the three payments of $859.41, $3,849.10 and $738.28 to DCM Services as administrator for the three creditors Capitol One, N.A., Kohl's Department Stores, Inc., Discover Financial Services and Citibank N.A., respectively.

11/710/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Robert Feeney Sr

Order signed; 2013-2599/A -Estate of Robert Feeney Sr; Order signed; 88A2004/E -Estate of Milton S Jones; Order signed; 2012-2224/A -Estate of Maria C Lalli; Decree signed; 2010-2916/C -Estate of Elizabeth Montoya; Decree signed; 700A2005/B -Estate of Rudolph Constantino; Decree signed; 700A2005/C -Estate of Rudolph Constantino; Decree signed; 514P2007/C -Estate of Irving Bernstein; Decree signed; 514P2007/B -Estate of Irving Bernstein; Decree signed; 2010-1114/A -Estate of Augustine Anthony Campo; Decree signed; 2008-2693/A -Estate of Victor Austin Johnson

2013-2599/A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF AYUNA KING, Deceased

ESTATE OF AYUNA KING, Deceased (95/A/710A) — The petitioners in this compulsory accounting proceeding, a daughter and granddaughter of the decedent, move to restore this proceeding to the court's calendar. On March 19, 2015, when the matter last appeared, the parties entered into a "so ordered" stipulation which provided, inter alia, that the respondent administrator, another daughter of the decedent, would file a judicial accounting within 60 days of entering into the stipulation, however, the respondent has not accounted thereby giving rise to this application. In the interim, counsel for the respondent wrote the court advising that he would be out of the country on the return date of the application to restore, and asked that the matter be adjourned to another available date. Counsel also indicates in his letter that the net proceeds from the sale of realty "remain in the estate account and no distribution will be made there from". On this state of the record, there is no reason why the motion should not be granted. Accordingly, this decision constitutes the order of the court restoring this matter to the court's calendar of September 24, 2015.

95/A/710A
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF AUGUSTINE ANTHONY CAMPO, ALSO KNOWN AS ANTHONY CAMPO, Deceased

ESTATE OF AUGUSTINE ANTHONY CAMPO, ALSO KNOWN AS ANTHONY CAMPO, Deceased (10/1114/A) — In this proceeding, the administrator, the decedent's daughter and sole distributee, seeks to distribute from her attorneys' escrow account the remaining proceeds of a personal injury cause of action settled in the Supreme Court, New York County, before a Special Master. The cause of action arose from the decedent's exposure to asbestos.

10/1114/A
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

42nd & 10th Associates, LLC v. Ikezi, Henry P.

570305/15. 42nd & 10th Associates, LLC v. Ikezi, Henry P. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570305/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

ESTATE OF JAMES BATTLE, ALSO KNOWN AS JAMES H. BATTLE, JR., ALSO KNOWN AS JAMES H. BATTLE, II, Deceased

ESTATE OF JAMES BATTLE, ALSO KNOWN AS JAMES H. BATTLE, JR., ALSO KNOWN AS JAMES H. BATTLE, II, Deceased (15/979) — This is an uncontested proceeding to probate, as an ancient document, a will dated August 17, 1955. The decedent died on September 13, 2014. His distributees are two sons, one of whom is the petitioner. The decedent's predeceased spouse is the sole nominated fiduciary. Distribution under the propounded instrument is the same as intestacy. The other son consents to the issuance of letters of administration c.t.a to the petitioner.

15/979
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

Hope Founders v. Williams, Gweneth

570350/15. Hope Founders v. Williams, Gweneth — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570350/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

B.C.R.E. 90 West Street, LLC v. Hodge, Patricia

570649/15. B.C.R.E. 90 West Street, LLC v. Hodge, Patricia — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570649/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

London Terrace Gardens L.P. v. Eichenwald-Golding, Amy

570811/15. London Terrace Gardens L.P. v. Eichenwald-Golding, Amy — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570811/15
: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Surrogate's Court, Bronx County

ESTATE OF RUDOLPH CONSTANTINO, ALSO KNOWN AS RUDOLPH HERBERT CONSTANTINO, Deceased

ESTATE OF RUDOLPH CONSTANTINO, ALSO KNOWN AS RUDOLPH HERBERT CONSTANTINO, Deceased (05/B/C/700a) — In these two proceedings, the administrator, the decedent's daughter and sole testamentary beneficiary, seeks to distribute the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master which are being held in her attorneys' escrow account. The causes of action arose from the decedent's exposure to asbestos.

05/B/C/700a
Surrogate Malave-Gonzalez

Appellate Term, First Judicial Department

B.C.R.E. 90 West Street, LLC v. Hodge, Patricia

570649/15. B.C.R.E. 90 West Street, LLC v. Hodge, Patricia — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order

570649/15
: Lowe, III, P.J., Schoenfeld, Shulman, J.J.

Surrogate's Court, Bronx County

Estate of Breyana White

Order signed; 2014-2091 -Estate of Breyana White; Order signed; 4G2002/A -Estate of Greysi Altagracia Soto; Order signed; 5G2002/A -Estate of Alexander Javier Soto; Order signed; 2011-739 -Estate of Kyra Alexis Evelyn; Order signed; 2015-229 -Estate of Jody White; Order signed; 2009-1098 -Estate of Cody David Henderson; Decree signed; 2015-1635 -Guardianship of Kadir Maki Etheridge; Decree signed; 2015-1633 -Guardianship of Jamir Shaun Khalif Etheridge; Decree signed; 2015-1634 -Guardianship of Nyir Michael Etheridge; Decree signed; 2015-1395 -Guardianship of Kenny Maleek Alcide; Decree signed; 2015-1509 -Guardianship of Jalen Amari Crawford

2014-2091
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

ESTATE OF MARIA RIVERA, Deceased

ESTATE OF MARIA RIVERA, Deceased (14/2737) — In this application by the decedent's daughter for the issuance of letters of administration, jurisdiction was obtained over all other distributees without any appearance in opposition. Accordingly, the application is granted and letters of administration limited pursuant to SCPA 702(1) with respect to any cause of action shall issue to the petitioner.

14/2737
Surrogate Malave-Gonzalez

Surrogate's Court, Bronx County

Estate of Frederick Dreher

Order signed; 1040P2003 -Estate of Frederick Dreher; Order signed; 2015-1864 -Estate of Patricia M Terrell; Order signed; 2015-1320 -Estate of Maureen Hall; Order signed; 2015-1750/A -Estate of Esther Baumrind; Order signed; 2014-1919/A -Estate of Kenneth Ashby; Order signed; 2015-219 -Estate of Florence Prisco; Order signed; 2009-1711/A -Estate of Mortimer Weinerman; Decree signed; 2008-542 -Estate of Anna Hody; Decree signed; 2015-1794 -Estate of Kenneth O'Donohue; Decree signed; 2015-1365 -Estate of Lloyd Bunbury; Decree signed; 2015-979/B -Estate of James Battle; Decree signed; 2015-1792 -Estate of Ana Herrera; Decree signed; 2013-2547 -Estate of Ramonita Escabi; Decree signed; 2015-1221/A -Estate of Eudali Hukins; Decree signed; 2015-1399 -Estate of Ethel Kahn; Decree signed; 2015-1619 -Estate of Leszek Princ; Decree signed; 2015-1055 -Estate of Sidney Moses Lieberman

1040P2003
Surrogate Malave-Gonzalez

Supreme Court, New York County, Part 24

L. G. v. M. G., 310479/10

Lawyers Sanctioned $317K for Statements in Divorce Case

310479/10
Justice Ellen Gesmer

Practice Areas: Legal Profession , Family Law

Appellate Division, Second Department

Jonathan Scavelli, etc., et al., Respondents v. Town of Carmel, defendant, Mahopac Central School District, et al., Appellants, 316/11

Panel Dismisses Lawsuit Over Gym Class Injury

316/11
Before: Dillon, J.P., Dickerson, Duffy, Barros, JJ.

Practice Areas: Torts , Personal Injury , Appellate Law - Civil

Family Court, Westchester County

In the Matter of a Support Proceeding Katia Y. Beltre, SSN: XXX-XX-9031, Petitioner v. Peter Michael Kastsaridis, SSN: XXX-XX-7618, Respondent, 127990

Custodial Parent in California Cannot Collect Child Support Under New York State Family Court Act Article 4 After Previously Recovering Child Support Under Uniform Interstate Family Support Act

127990
Support Magistrate Allen Hochberg

Practice Areas: Family Law , Custody and Child Support

Supreme Court, Kings County, IAS Part 5G

S.R.E.B. v. E.K.E.B.

Husband Ordered to Produce Documents, Recordings Sought or Face Preclusion Order

[Index Number Redacted by Court]
Justice Jeffrey Sunshine

Practice Areas: Family Law , Evidence , Civil Procedure

County Court, Rockland County

The People v. Lopez, 2014-283

Defendant Could Not Waive Right to Counsel in Absence of Counsel, Statement Suppressed

2014-283
Judge Rolf Thorsen

Practice Areas: Criminal Law

Appellate Term, 2nd, 11th & 13th Judicial Districts

Wira Assoc. v. Easy, 2013-2025 K C

Tenant Fails to Show Substantial Compliance With Stipulation for Vacatur of Final Judgment

2013-2025 K C
Before: Pesce, P.J., Aliotta and Elliot, JJ.

Practice Areas: Landlord/Tenant Law

City Court, Cayuga County

The People v. Sistrunk, 15-0244

Supporting Depositions Provide Necessary Non-Hearsay Allegations to Support Charges

15-0244
Judge Michael McKeon

Practice Areas: Criminal Law

Supreme Court, New York County

Kalamata Capital LLC v. Biz2Credit Inc., 653749/2014

Court Denies Dismissal of Contract Breach, Tortious Interference Allegations

653749/2014
Justice Kelly O'Neill Levy

Practice Areas: Contracts

Supreme Court, Westchester County

O.Y. v. A.G.

Husband's Affirmative Defenses Struck; Egyptian Marriage Contract Unenforceable

[Index Number Redacted by Court]
Justice Lawrence Ecker

Practice Areas: Family Law

Appellate Term, Second Judicial Department

A.B. MEDICAL SERVICES, PLLC, D.A.V. CHIROPRACTIC, P.C. AND LVOV ACUPUNCTURE, P.C. AS ASSIGNEES OF RINDA GORODETSKY, res, v. AMEX ASSURANCE COMPANY, app

2007-60 K C. A.B. MEDICAL SERVICES, PLLC, D.A.V. CHIROPRACTIC, P.C. AND LVOV ACUPUNCTURE, P.C. AS ASSIGNEES OF RINDA GORODETSKY, res, v. AMEX ASSURANCE COMPANY, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered October 25, 2006. The order granted plaintiffs' cross motion for partial summary judgment.

2007-60 K C
Before: Pesce, P.J., Weston and Rios, JJ.

Appellate Term, First Judicial Department

GIFFUNI BROTHERS v. GUREVICH, ELI, ET AL.

GIFFUNI BROTHERS v. GUREVICH, ELI, ET AL. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that tenantappellant's motion for a stay is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

310 EAST 4TH STREET HDFC v. BRANDSTEIN, HOWARD

310 EAST 4TH STREET HDFC v. BRANDSTEIN, HOWARD — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that the tenant-respondent's motion is granted only to the extent of permitting the tenant-respondent to serve and file respondent's brief by October 1, 2015. Reply brief, if any, is to be served and filed by October 9, 2015. This appeal has been calendared for the November 2015 term of this court.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

GIFFUNI BROTHERS v. GUREVICH, ELI, ET AL.

GIFFUNI BROTHERS v. GUREVICH, ELI, ET AL. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that landlord-respondent's motion to dismiss the appeal and vacate the stay is granted.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, First Judicial Department

MASARYK TOWERS CORP. v. SPENCER, BRENDA

MASARYK TOWERS CORP. v. SPENCER, BRENDA — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that the motion for permission to reargue and/or appeal to the Appellate Division, First Department is denied.


: Lowe, III, P.J., Schoenfeld, J.P., Shulman, J.J.

Appellate Term, First Judicial Department

NYCHA-SMITH HOUSES v. MITCHELL, DORIS

NYCHA-SMITH HOUSES v. MITCHELL, DORIS — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that tenant-appellant's motion for a stay is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

QUEENS MEDICAL SUPPLY, INC. AS ASSIGNEE OF LANCE MACK, res, v. IDS PROPERTY & CASUALTY INSURANCE COMPANY, app

2011-284 K C. QUEENS MEDICAL SUPPLY, INC. AS ASSIGNEE OF LANCE MACK, res, v. IDS PROPERTY & CASUALTY INSURANCE COMPANY, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered September 23, 2010, deemed from a judgment of the same court entered April 9, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 23, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,877.85.

2011-284 K C
: Pesce, P.J., Aliotta and Solomon, JJ.

Appellate Term, First Judicial Department

D.H.P.D./CITY OF N.Y. v. HYK-273 W 138 ST. LLC, TORTO, THOMAS

D.H.P.D./CITY OF N.Y. v. HYK-273 W 138 ST. LLC, TORTO, THOMAS — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that petitioner-respondent's motion is granted, unless respondentsappellants perfect their appeal by no later than the December 2015 term — the filing deadline is October 14, 2015. There will be no further enlargements of time granted to perfect this appeal. In the event of respondents-appellants' failure to comply with the foregoing condition, petitioner-respondent may move on five days' notice for an order vacating the stay and dismissing the appeal.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Appellate Term, Second Judicial Department

A.B. MED. SERVS., PLLC A/A/O GORODETSKY v. AMEX ASSUR. CO.

2007-60 K C. A.B. MED. SERVS., PLLC A/A/O GORODETSKY v. AMEX ASSUR. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by respondents for leave to renew an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 25, 2006, which was determined by decision and order of this court dated March 13, 2008 (19 Misc 3d 130[A], 2008 NY Slip Op 50543[U]).

2007-60 K C
: Pesce, P.J., Weston, Rios, JJ.

Appellate Term, Second Judicial Department

QUEENS MED. SUPPLY, INC. A/A/O MACK v. IDS PROP. & CAS. INS. CO.

2011-284 K C. QUEENS MED. SUPPLY, INC. A/A/O MACK v. IDS PROP. & CAS. INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by respondent for leave to reargue and renew an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 9, 2012, which was determined by decision and order of this court dated November 26, 2013 (41 Misc 3d 139[A] 2013 NY Slip Op 51996[U]), or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

2011-284 K C
: Pesce, P.J., Aliotta, Solomon, JJ.

Appellate Term, First Judicial Department

HEALTHY WAY ACUPUNCTURE, P.C. A/A/O VAZQUEZ, SAMUEL v. AMICA MUTUAL INS. CO.

HEALTHY WAY ACUPUNCTURE, P.C. A/A/O VAZQUEZ, SAMUEL v. AMICA MUTUAL INS. CO. — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — It is Ordered that defendant-respondent's motion is denied.


: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

New York State Court of Appeals

Angletti v. Morreale, No. 181

No. 181
Per Curium

New York State Court of Appeals

Rivera v. Fernandez & Ulloa, No. 183

No. 183 SSM 13
Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Practice Areas: Torts , Insurance Law , Personal Injury

New York State Court of Appeals

Helwig v. Asklar, No. 182

No. 182

District Court, Nassau County, Civil Term

Jordan Zeidman, Plaintiff(s) v. Shirley Zeidman, Defendant(s), CV-011927-14

Mother Held Liable to Son for Bar Mitzvah Gift From Grandmother

CV-011927-14
Justice Scott Fairgrieve

Practice Areas: Trusts and Estates

Appellate Division, Second Department

The People of the State of New York, Respondent v. John Pena, Appellant, 285/11

Panel Faults Lineup, Orders New Trial

285/11
Before: Dillon, J.P., Chambers, Cohen, Maltese, JJ.

Practice Areas: Appellate Law - Criminal , Criminal Law

Civil Court, New York County, Housing Part N

BRG 321 LLC, Petitioner v. Leslie Hirschorn Frederico Dimattia, Respondent-Tenant, 84327/12

Amended Verified Complaint Seeking Imposition of Civil Money Laundering Penalties and Forfeiture of Property Allegedly Involved in Laundering of Proceeds of $230 Million Fraud Against Russian Treasury Sufficiently Pleaded

84327/12
Judge Phyllis Saxe

Practice Areas: Civil Procedure , Civil Forfeiture , Torts , Intentional Torts , White Collar Crime , Fraud (White Collar) , Money Laundering

Family Court, Kings County

Matter of Dwayne H. v. Michael A.

Insufficient Proof to Show Ordering DNA Test Contrary to Child's Best Interest

[Index Number Redacted by Court]
Judge Erik Pitchal

Practice Areas: Family Law

City Court, Dutchess County

The People v. Fontanez, 15-68351

Aggravated Unlicensed Operation of Motor Vehicle Charge Facially Insufficient, Dismissed

15-68351
Judge Frank Mora

Practice Areas: Criminal Law

District Court, Nassau County, Civil Term

Zeidman v. Zeidman, CV-011927-14

Son Entitled to Recover $5,000 From Mother Of Grandmother's Intended Bar Mitzvah Gift

CV-011927-14
Justice Scott Fairgrieve

Practice Areas: Torts

Civil Court, Richmond County

Esposito v. Barr, SCR20016/15

Small Claims Part Lacks Power to Declare Board's Actions Against Unit Owner Improper

SCR20016/15
Judge Philip Straniere

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Supreme Court, New York County, Part 31

The Law Firm of Harry Issler, PLLC v. Kask, 654508/12E

Ex-Client's Repeated Pattern of Noncompliance With Court-Ordered Disclosure Found Willful

654508/12E
Justice Laura Drager

Practice Areas: Contracts , Legal Profession , Attorney Fee Recovery

Appellate Term, 9th & 10th Judicial Districts

Schiavone v. ARB Enterprises, Inc., 2013-2471 P C

Panel Affirms Monetary Award to Car Owner For Car Wash's Employees' Negligence

2013-2471 P C
Before: Iannacci, J.P., Tolbert and Connolly, JJ.

Practice Areas: Torts , Motor Vehicles

Surrogate's Court, New York County

Will of Huguette M. Clark, 1995/1375/A

Issues of Fact Exist as to Decedent's Testamentary Capacity

1995/1375/A
Surrogate Nora Anderson

Practice Areas: Trusts and Estates

Criminal Court, Kings County, Part T-1

The People v. Acosta, 2014KN054058

Prosecutors' Motion to Compel Defendant To Submit to Saliva Sample Untimely, Denied

2014KN054058
Judge Joy Campanelli

Practice Areas: Criminal Law

Criminal Court, Kings County, Part AP2

The People v. Rosenblatt, 2015KN004383

Prosecutors Only Charged With 17 Days Of CPL §30.30 Time; Dismissal Denied

2015KN004383
Judge Andrew Borrok

Practice Areas: Criminal Law

Supreme Court, Kings County, I. A. S. Part 76K

Matter of Ciaimo, 100250/2012

Court Appoints Independent Guardian In Incapacitated Person's Best Interest

100250/2012
Justice Kathy King

Practice Areas: Trusts and Estates

Criminal Court, Bronx County

The People v. Graham, 2015BX012102

Reasonable Cause to Believe Defendant Committed Charged Offenses Denies Dismissal

2015BX012102
Judge Steven Hornstein

Practice Areas: Criminal Law

Supreme Court, New York County, I.A.S. Part 50

P & S 95th Street Assoc., LLC v. Realty, 154511/13

Defendants Denied Vacatur, Renewal of Prior Order of Contempt Finding as Time-Barred

154511/13
Justice Peter Moulton

Practice Areas: Civil Procedure

Appellate Term, 2nd, 11th & 13th Judicial Districts

203 East Post Road, LLC v. Amra Electrical Corp., 2013-1572 K C

Vacatur of Default Reversed; Reasonable Excuse, Meritorious Defense Not Shown

2013-1572 K C
Before: Weston, J.P., Aliotta and Elliot, JJ.

Practice Areas: Civil Procedure

Supreme Court, Queens County, IA Part 9

Matter of Pitman, III v. City of New York, 11542/14

Petitioner Fails to Establish Reasonable Excuse for Leave to Serve Late Notice on City

11542/14
Justice Phyllis Orlikoff Flug

Practice Areas: Civil Procedure , Torts

Civil Court, Kings County, Part 72

Alleviation Medical Services, PC v. Hertz Co., 62883/11

Insurer's Interrogatory Response, Denials Have Admission Proving When Claim Received

62883/11
Judge Steven Mostofsky

Practice Areas: Insurance Law

Supreme Court, Kings County, IAS Term, Part 32

Emigrant Mortgage Co., Inc. v. Lifshitz, 10272/2009

Questions if 90-Day Notice Under RPAPL §1304 Required Bar Granting Judgment of Foreclosure

10272/2009
Justice Yvonne Lewis

Practice Areas: Residential and Commercial Real Estate

Civil Court, New York County, Housing Part H

New York Shun On Realty Development Inc. v. Mathieu, 64826/2015

Notice to Quit Does Not Allege Ground For a Demand for Possession, Found Defective

64826/2015
Judge Jack Stoller

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County, Part 42

Krineta Enterprises Co. Ltd. v. Lavidas, 161911/14

Recognition of Greek Judgment Premature; Action Stayed Pending Decision of 'Cassation'

161911/14
Justice Nancy Bannon

Practice Areas: Contracts , International Business and Commercial Law

Appellate Term, 2nd, 11th & 13th Judicial Districts

Silver v. Ottieri, 2014-650 Q C

Decision on Applicability of Part 137 Law Of the Case; Money Award to Attorney Affirmed

2014-650 Q C
Before: Pesce, P.J., Aliotta and Elliot, JJ.

Practice Areas: Legal Profession , Attorney Fee Recovery , Civil Procedure

Supreme Court, New York County, Part 52

The People of the State of New York, Plaintiff v. Brian M., Defendant, 1597/13

Young Man's Felony Indictment Tossed in Interest of Justice

1597/13
Justice Thomas Farber

Practice Areas: Criminal Law

Appellate Division, First Department

Steven Laduzinski, Plaintiff-Appellant v. Alvarez & Marsal Taxand LLC, et al., Defendants-Respondents, 160169/13

Tax Lawyer's Claim of Fraudulent Inducement Proceeds

160169/13
Before: Mazzarelli, J.P., Sweeny, Jr., Acosta, Clark, Kapnick, JJ.

Practice Areas: Labor and Employment , At-Will Employment , Hiring/Firing

Supreme Court, Westchester County

A.D., Plaintiff v. C.A., Defendant, [Index Number Redacted by Court]

Judge Orders Facebook Data Be Produced in Custody Case

[Index Number Redacted by Court]
Justice Lawrence Ecker

Practice Areas: Family Law

Supreme Court, Westchester County

O.Y., Plaintiff v. A.G., Defendant, [Index Number Redacted by Court]

Judge Finds 1977 Egyptian Pact Is Not Valid for 2015 US Divorce

[Index Number Redacted by Court]
Justice Lawrence Ecker

Practice Areas: Family Law

Supreme Court, Kings County, Part 83

New Century Mortgage Corp. v. Isabell, 26406/2007

Alleged Intervenor is Non-Party, Failed to Use Intervention Devices, and Answer is Nullity

26406/2007
Justice Ingrid Joseph

Practice Areas: Residential and Commercial Real Estate , Civil Procedure

Civil Court, Bronx County, Housing Part I

MID Bronx HDFC v. Paulino, L&T 020295/2015

Tenant Denied Dismissal of Landlord's Nuisance Holdover Proceeding

L&T 020295/2015
Judge Javier Vargas

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Part C

Fabria Houses Assoc. v. Fontanetta, 55890/2014

Inconsistency, Contradiction of Cure Notice Renders it Inherently Flawed

55890/2014
Judge Peter Wendt

Practice Areas: Landlord/Tenant Law

Civil Court, New York County, Commercial Part 52

5 Hanover Square (NY) Owner, LLC v. Eclectic Naturals, Inc., 054349/15

Tenant Had no Legal Basis to Reject Default Notices Sent on Landlord's Behalf by Agent

054349/15
Judge Michael Katz

Practice Areas: Landlord/Tenant Law

Supreme Court, New York County, Part 5

City of New York v. 100 West 88th Street Housing Development Fund Corp., 451145/12

No Proof Established HDFCs' Agreement Signed Under Duress; Judgment for Breach Granted

451145/12
Justice Lynn Kotler

Practice Areas: Residential and Commercial Real Estate , Contracts

Appellate Term, 2nd, 11th & 13th Judicial Districts

Dubor Assoc. v. Richburg, 2012-2059 K C

Landlord Fails to Prove Violation of Stipulation Warrants Termination of Long-Term Tenancy

2012-2059 K C
Before: Pesce, P.J., Aliotta and Elliot, JJ.

Practice Areas: Landlord/Tenant Law

Supreme Court, Suffolk County, I.A.S. Part 33

Deborah A. Schwartz, Plaintiff v. Richard Torrenzano, Defendant, 13-19187

Court Finds Renter of Vacation Home Can Seek $150,000

13-19187
Justice Thomas Whelan

Practice Areas: Landlord/Tenant Law , Residential and Commercial Real Estate , Legal Profession

Appellate Term, Second Judicial Department

NEW YORK CITY HOUSING AUTHORITY MANAGED BY FHA REPOSSESSED HOUSES GP I HOUSES, app-res, v. DEBORAH PORTER, res-app

2013-1820 Q C. NEW YORK CITY HOUSING AUTHORITY MANAGED BY FHA REPOSSESSED HOUSES GP I HOUSES, app-res, v. DEBORAH PORTER, res-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal, and cross appeal on the ground of inadequacy, from an order of the Civil Court of the City of New York, Queens County (Gilbert Badillo, J.), entered May 10, 2013. The order, insofar as appealed from, granted tenant's motion to punish landlord for civil contempt and imposed a fine of $250 plus costs and expenses.

2013-1820 Q C
: Pesce, P.J., Aliotta and Elliot, JJ.

Appellate Term, Second Judicial Department

PEOPLE v. BROWN, LINETON

2015-1484 K CR. PEOPLE v. BROWN, LINETON — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 8, 2015, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

2015-1484 K CR
: Pesce, P.J., Aliotta and Elliot, JJ.