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...
