Defendant contends that as a matter of law, it was permitted to suspend the parties' contract, and plaintiff's February 14, 2001 letter could not have modified the contract because it was not signed by both parties. Both of these arguments were raised unsuccessfully in a prior appeal (38 AD3d 282), and thus will not be entertained on this appeal (see Sharp v Stavisky, 242 AD2d 447 [1997], lv dismissed 91 NY2d 956 [1998])... In order to overturn the jury's verdict as based on insufficient...  

Supreme Court providently exercised its discretion to strike the pleadings (CPLR 3126[3]). The parties have offered no excuse for their repeated noncompliance with the court's disclosure orders, and their conduct throughout the course of this litigation has been "dilatory, evasive, obstructive and ultimately contumacious" (Henry Rosenfeld, Inc. v Bower & Gardner, 161 AD2d 374, 374 [1990]). It is a "court's prerogative to control its calendar and expeditiously dispose of the volume...  

Respondent New York City Economic Development Corporation (EDC) awarded a lease opportunity within the Hunts Point Food Distribution Center to Baldor. Petitioner's challenge to that award as arbitrary, capricious and an abuse of discretion was not frivolous within the meaning of 22 NYCRR 130-1.1(a), in that it did not manifest the extreme behavior that courts have traditionally found to merit such sanctions (see e.g. Tsabbar v Auld, 26 AD3d 233 [2006])... Petitioner did prevail on its first...  

In his motion to suppress, defendant Cheatham relied solely on the statutory presumption (Penal Law § 220.25[1]) in asserting his standing to challenge the search of the vehicle in which he and defendant McDowell were passengers. For his part, McDowell made no factual assertions bearing on his standing in his motion to suppress. Although the People appear not to have addressed the issue of standing in their written responses to the motions to suppress, the prosecutor stated at the outset...  

This action resulted from the business relationships of the parties in Citrus County, Florida, and its environs. Plaintiff Seth Appelbaum (APPELBAUM) alleges to be a Kings County resident, and it is undisputed that defendant Joseph Peter Palagonia a/k/a Joseph Palagonia (PALAGONIA), a former New York resident, is now a non-domiciliary of New York. The Court, in deciding the two instant orders to show cause and the cross-motion to dismiss, is confronted with three questions. First, does this...  

Upon the foregoing papers, the decision and order of the court is as follows:... In this action to recover damages for, inter alia, breach of an employment contract, defendants move, pre-answer, to dismiss plaintiff's implied contract, quantum meruit, and unjust enrichment claims, as well as plaintiff's claims under Labor Law §§ 191, 193 and 198. CPLR § 3211 (a) (1), (7). Plaintiff cross moves for partial summary judgment on liability and opposes defendants' motion in its...  

The Verified Complaint of plaintiff James Edward Blakely purports to allege five causes of action arising out of Mr. Blakely's transfer of real property located at 923 Greene Avenue, Brooklyn, to his grandson, defendant Tatek Ewart, on May 10, 2001. As Defendant appropriately contends, however, the Verified Complaint appears to allege only two legal theories for relief, fraud and constructive trust; Plaintiff's requests for an accounting and an injunction against his eviction from the property...  

Defendant Vicky Deafeamkpor moves for an order, pursuant to CPLR Rule 4404(a), alternatively seeking to (1) set Plaintiff's verdict aside, (2) dismiss the underlying complaint, (3) order a new trial, and (4) stay all efforts at collection. She challenges the verdict because Plaintiff is neither registered as a corporation by the State nor properly licensed by New York City... Ms. Deafeamkpor wants the verdict set aside, in essence, because she claims Nemard Construction Corp. lacked the...  

The three actions pending before this court are related to the on-going dispute within the Chasidic Satmar community as to who is the successor to the late Grand Rebbe Moses Teitelbaum, Rabbi Zalman or Rabbi Aaron, the Grand Rebbe's two sons. For more than six years the two factions led by Jenoe Kahan (hereinafter "Kahan") on behalf of Rabbi Zalman and by Berl Friedman (hereinafter "Friedman") on behalf of Rabbi Aaron have been litigating in the courts as to who should be in...  

Upon the foregoing papers, the decision and order of the court is as follows:... This is an action arising from a dispute among adjoining property owners who each claim rightful title through adverse possession of a strip of land. Issue has been joined... Defendants have served a Notice of Deposition on plaintiffs ("Brimberg" and "Mrs. Schmidt"). Although Brimberg has no objection to being deposed, he has not yet appeared for his deposition. Mrs. Schmidt, however, has cross...  

The parties entered into a Purchase and Sale Contract for Residential Real Estate, dated October 29, 2007. The plaintiff/buyer contracted to purchase property owned by the defendant/seller at 3 Ellison Street in the City of Rochester. The closing took place on November 30, 2007. Subsequent to the closing the defendant relocated to the Town of Webster. The plaintiff claims that she contracted for a 150 ampere electric system... Subsequent to the execution of the contract the defendant made...  

Order (Jean T. Schneider, J.), dated May 1, 2007, affirmed, without costs... While there was delay in the resolution of the underlying nonpayment summary proceeding, the court (which had charge of the case since its inception) properly exercised its discretion and for good cause shown vacated the warrant of eviction upon the long-term stabilized tenant's tender of the full judgment amount. "The policies underlying the rent stabilization laws are generally better served by holding out to a...  

Judgment of conviction (A. Kirke Bartley, Jr.,J.), rendered October 6, 2006, affirmed... The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations. The police testimony, along with the tenor and sexually explicit content of the recorded telephone calls and transcribed internet messages, support the conclusion that defendant believed he was communicating with a minor child...  

In this probate proceeding, the objectant, the decedent's niece, moves for summary judgment denying probate to the propounded instrument dated April 10, 2006. The proponents, the Administrator General of the State of Israel and his attorney, as well as the guardian ad litem for an infant beneficiary under the instrument, oppose the motion and cross move for summary judgment dismissing the objections and admitting the instrument to probate... The decedent, who had metastatic cancer, died on May...  

The defendant is charged with criminal possession of marijuana in the fifth degree (PL § 221.10[2]), criminal possession of a controlled substance in the seventh degree (PL § 220.03) and endangering the welfare of a child (PL § 260.10[2]). By Notice of Motion, served and filed on July 18, 2008, he has moved to dismiss the information as facially insufficient and for various other relief... The complaint states that on April 4, 2008, at about 6:30 p.m. pursuant to a search warrant...  

Petitioner Purmil Company, LLC has commenced this non-payment proceeding against Respondent Chuk Dey India Too, Inc. to recover possession of property located at 3334 Hillside Avenue, New Hyde Park, New York, and the sum of $3,815.00 representing rent owed for the month of April, 2008, April's late fee, costs and reasonable attorney's fees as additional rent... On May 13, 2008 the parties signed a stipulation whereby the petition was amended to include the rent for May, 2008. Respondent has...  

Following a jury trial, defendant was convicted of rape in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the fourth degree, criminal sexual act in the first degree, two counts of unlawfully dealing with a minor, burglary in the second degree, two counts of criminal mischief in the third degree and two counts of criminal mischief in the fourth degree, and he was sentenced to an aggregate prison term of 58 to 64 years. The convictions on the sex offenses and...  

In July 2006, the trailer portion of a large tractor trailer containing Xerox copy machines, printers and accessory equipment worth more than $1 million was stolen from a tandem trailer parking lot in the Town of Rotterdam, Schenectady County, and driven south on the New York State Thruway. Two days after the theft, the trailer was found, absent its cargo, abandoned on a public roadway in northern New Jersey. Defendant was subsequently charged with its theft. At trial, the People presented as...  

Plaintiffs had previously commenced a malpractice action against Ellis Hospital and physician Alex Pasquariello after plaintiff Thomas P. Caruso suffered severe brain injury as the result of an improperly diagnosed cerebral hemorrhage, including loss of his eyesight. Plaintiffs thereafter learned that Pasquariello was employed by defendant, as opposed to Ellis Hospital, and rendered treatment to Caruso pursuant to a contract between defendant and the hospital. Plaintiffs did not move to amend...  

On July 14, 2008, petitioners Thomas E. Reilly and Deborah A. Simonsmeier (hereinafter collectively referred to as petitioners) filed a designating petition nominating them as the Independence Party candidates for the position of delegate and alternate delegate, respectively, to the Independence Party Judicial District Convention, Third Judicial District, from the 108th Assembly District and, further, as the Independence Party candidates for the position of... ... ... member of the Independence...