Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements. Substantial evidence in the record supports the determination of the New York City Housing Authority (hereinafter NYCHA) that the petitioner never obtained written permission for permanent occupancy from the housing manager of the public housing development in which she allegedly lived with her late father, and did not, prior to her father's death,...
The discovery sought by defendants, including photographs, videos, and other social media postings regarding plaintiff's social and recreational activities that might contradict his claims of disability, is relevant, useful, and reasonable ( see Forman v Henkin, 30 N.Y.3d 656 , 665 [2018]; Vasquez-Santos v Mathew, 168 A.D.3d 587 [1st Dept 2019]). Plaintiff has not specified any items that may be irrelevant or private ( see Forman at 666-667), has not sought in limine review and has...
DECISION + ORDER ON MOTION GERALD LEBOVITS , J.S.C. This court previously dismissed all claims by plaintiffs, Tratado de Libre Comercio, LLC and Pedro Chavez (collectively, Tratado), against defendant Cameron Wendt, by order dated November 25, 2019, in motion sequence 008. Tratado now moves for reargument and renewal of this court's November 25 order (motion sequence 009). The court grants Tratado leave to reargue and renew, but on reargument and renewal adheres to its prior order. I....
It is hereby ordered that the case is held, the decision is reserved and the order is stayed in accordance with the same memorandum as in Matter of National Fuel Gas Supply Corp. v Gurov (179 A.D.3d 1453 [4th Dept 2020]).
Plaintiff was injured when she fell down a flight of stairs leading down from her apartment, striking her head and suffering traumatic brain injury and consequent memory loss. There were no witnesses to her fall. The record demonstrates that the trial court properly denied plaintiff's motion to set aside the jury's verdict in favor of defendants. In light of our disposition of the appeal from the order denying plaintiff's motion to set aside the jury's verdict, we dismiss the appeals from the...
Ordered that the judgment is affirmed. The defendant contends that the County Court improvidently exercised its discretion in denying, without further inquiry, his request for new assigned counsel. "When a defendant's request on its face suggests a serious possibility of irreconcilable conflict with defense counsel, the trial court is obliged to make some minimal inquiry to determine whether the request has a genuine basis" ( People v Stevens, 162 A.D.3d 1077 , 1077 [2018]; see People v...
Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted ( see Family Ct Act 1112[a]); and it is further, Ordered that the order dated May 2, 2019, is affirmed, without costs or disbursements. In 1984, upon the denial of the appellant's motion to suppress physical evidence, and after a fact-finding hearing, the Family Court issued a fact-finding order finding that the appellant had committed an act which,...
Ordered that the appeal is dismissed, without costs or disbursements, and the judgment is vacated; and it is further, Adjudged that the determination dated June 28, 2016, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements. The petitioner is a tenant of an apartment in a public housing development operated by the respondent New York City Housing Authority (hereinafter the Housing Authority). The Housing Authority sought to...
Ordered that the order is affirmed insofar as appealed from, with costs. The individual defendants, Ronen Nissani and David S. Nissani (hereinafter together the Nissanis), had a close social relationship with the plaintiff for many years. The Nissanis own the defendant Davron Corp., a jewelry business. From February 2015 through September 2015, the plaintiff allegedly loaned the defendants several large sums of money for the purpose of acquiring, enhancing, and reselling rare and valuable gems...
Plaintiff has not shown that the post-note of issue discovery directed by the Supreme Court caused him prejudice or was otherwise an improvident exercise of that court's broad discretion in supervising disclosure ( see 22 NYCRR 202.21[d]; Cuprill v Citywide Towing & Auto Repair Servs., 149 A.D.3d 442 , 443 [1st Dept 2017]; Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843 , 845 [2008]).
DECISION AND ORDER GERALD LEBOVITS , J.S.C. Defendant Cameron Wendt moves under CPLR 306-b, 308, 313, and 3211(a)(5), (a)(7), and (a)(8) for an order dismissing all causes of action against himself. Plaintiffs, Tratado de Libre Comercio, LLC, and Pedro Chavez, cross-move for an order under CPLR 2215, 7503, and 2201 to stay the proceedings or, in the alternative, a traverse hearing to address service of process. Wendt's CPLR 3211(a)(7) motion is granted. Plaintiffs' cross-motion is denied....
Ordered that the sentence is affirmed. The sentence imposed was not excessive ( see People v Suitte, 90 A.D.2d 80 [1982]).
An appeal having been taken to this Court by the above-named appellant, rendered February 7, 2017, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.
The complaint alleges that defendant Dr. Stephen Mezzafonte committed malpractice between January 15-21, 2013 "and prior and subsequent thereto." The bill of particulars alleges that he failed to properly interpret decedent's echocardiogram (EC) on January 18, 2013, which showed a more dilated aorta than a prior EC taken on August 8, 2011 and interpreted by defendant on August 16, 2011. Both the original and purported supplemental bills of particulars allege that defendant's negligent acts "...
The motion court properly dismissed the complaints as plaintiffs failed to set forth any cognizable legal theories or claims ( see generally Nonnon v City of New York, 9 N.Y.3d 825 [2007]). Defendants had accepted Dr. Malik onto their health care provider panel and had no duty to protect him from third parties harming him with fraudulent claims filed in his name by performing handwriting or other analyses of those claims ( see Purdy v Public Adm'r of County of Westchester, 72 N.Y.2d 1 [...
Contrary to defendant Banfill's contention, the Board is not precluded from seeking the appointment of a temporary receiver before answering the complaint ( see CPLR 6401). The motion court's appointment of a temporary receiver in this mortgage foreclosure action was a provident exercise of discretion. Both Real Property Law 339-aa and the condominium bylaws provide for the appointment of a receiver in a lien foreclosure action to collect the reasonable rent for the use and occupancy of a...
The first cause of action in plaintiffs' complaint alleges legal malpractice with respect to defendants representation of plaintiffs in two underlying actions—the 304 W 18th Street matter and the 175 W 12th Street matter. Contrary to defendants' argument, the malpractice cause of action with respect to the 175 W 12th Street matter is not time-barred by the three-year statute of limitations applicable to legal malpractice claims (CPLR 214[6]). Defendants failed to demonstrate that the attorney-...
Defendant did not fully substantiate his claim that his counsel provided constitutionally deficient advice regarding the immigration consequences of defendant's guilty plea ( see Padilla v Kentucky, 559 U.S. 356 , 367-369 [2010]; People v McDonald, 1 N.Y.3d 109 , 113-114 [2003]; People v Doumbia, 153 A.D.3d 1139 , 1140 [1st Dept 2017]), and, as such, a hearing on that issue is required ( see CPL 440.30[3][c]). As to the prejudice prong of his claim, which requires proof that he would...
Garry , P.J. Petitioner, a public utility corporation, owns utility lines, mains, tanks and other equipment and structures that constitute special franchise property for tax purposes ( see RPTL 102 [12][h]; [17]). As required by the Real Property Tax Law, respondent State Board of Real Property Services (hereinafter the Board) 1 certified the tentative full value of petitioner's special franchise property in New York City for each of the tax years 2009, 2010, 2011 and 2012 and, upon...
Ordered that the judgment is affirmed, with costs. The plaintiff is a licensed home care service agency which provides home health aides and personal care aides. The defendant Gamzel NY, Inc. (hereinafter the defendant), is a certified home health agency which provides home health care services to patients. In 2004, the plaintiff and the defendant entered into a service agreement, which was amended in 2006, whereby the plaintiff agreed to provide the defendant with home health aides for the...
