Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz,J.), entered November 28, 2012. The order denied defendant’s motion to dis- miss the complaint pursuant to CPLR 3216. ORDERED that the order is reversed, with $30 costs, and defendant’s motion to dismiss the complaint pursuant to […]
Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered January 29, 2013. The order granted defen- dant’s motion for summary judg- ment dismissing the complaint and denied plaintiff ’s cross motion for summary judgment. ORDERED that the order is affirmed, with $25 costs. In […]
New Millennium Med. Imaging, P.C. v M.V.A.I.C. Plaintiff, a radiology center, commenced this action to recover the sum of $2,659.81 and $912.00 for imaging services it provided to its assignor Yao He Wang. Defendant MVAIC requests that the Court dismiss the claim based upon the assignor’s ineligibility for MVAIC benefits under Article 52 of the […]
Stracar Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co. Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered January 29, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff ’s cross motion for summary judgment. […]
New York City Transit Authority v GEICO On December 23, 2013, petitioner filed its petition under Article 75 of the CPLR to vacate an award made by arbitrator Mavis Thomas on September 24, 2013. In its papers, petitioner argued that the award made by the arbitrator to respondent was improper because the arbitrator exceeded its […]
By agreement dated September 3, 2008, Strauss Painting, Inc. (Strauss)/Creative Finishes, Ltd. (Creative) contracted with the Metropolitan Opera Association, Inc. (the Met) to per- form work on the Met’s premises; specifically, to strip and repaint the rooftop steel carriage track for the opera house’s auto- mated window-washing equipment (here- after, generally referred to as the […]
Nesmith v Allstate Ins. Co. SMITH, J.: In Hiraldo v Allstate Ins. Co (5 NY3d 508 [2005]), we interpreted a so-called “noncumulation clause” contained in a series of successively- issued liability insurance policies. We held that a person suing for exposure to lead paint during the terms of all the policies could recover no more […]
Francis v New York Yankees Partnership Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered April 16, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied. Plaintiff allegedly sustained personal injuries when, to avoid a golf cart coming toward her in […]
Metropolitan Prop. & Cas. Ins. Co. v Braun Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered on or about May 8, 2013, which denied plaintiffs’ motion for a default judgment and granted defendants’ cross motion for an extension of time to interpose an answer, unanimously affirmed, without costs. The motion court providently exercised […]
Grace v Law (2014 NY Slip Op 07089) We are presented with an issue of first impression for this Court: What effect does a client’s failure to pursue an appeal in an underlying action have on his or her ability to maintain a legal mal- practice lawsuit? We hold that the failure to appeal bars […]
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