Cases

SUMMARY ORDER Plaintiff-Appellant Steven C. Isaac1 appeals the judgment of the District Court for the Southern District of New York (Paul A. Crotty, Judge) entered on August 28, 2006. We assume the parties’ familiarity with the underlying facts and procedural history in this case. I. Summary Judgment Rulings Isaac challenges the District Court’s grant of summar

Isaac v New York City Tr. Auth. (2025 NY Slip Op 02333) Isaac v New York City Tr. Auth. 2025 NY Slip Op 02333 Decided on April 23, 2025 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judic

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Kramer, J.), dated November 24, 2009, as, upon so much of a jury verdict on the issue of liability as found it 50% at fault in the happening of the accident, and upon so much of a jury verdict on the issue of damages as awarded the plaintiff damages in the principal sums of $1,500,000 for pa

OPINION OF THE COURT Kapnick, J. In this action alleging, inter alia, excessive force and malicious prosecution, plaintiff William Cardoza (plaintiff or Cardoza) appeals from an order of Supreme Court, Bronx County (Howard H. Sherman, J.), entered March 18, 2014, to the extent it granted defendants City of New York, Police Officer Benjamin Perez, and Pol

*222 OPINION OF THE COURT Tom, J.P. The complaint in this matter alleges a deprivation of the common-law right of sepulcher resulting from the failure of defendants (collectively the City), employees and agencies of the City of New York — including police officers and members of th

This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 85 SSM 4 Robert Obey, Appellant, v. City of New York, Defendant, New York City Transit Authority, Respondent. Submitted by Brian J. Isaac, for appellant. Submitted by Lawrence Heisler, for respondent. Decided April 4, 2017: On review of su

CALABRESI, Circuit Judge: I. BACKGROUND Plaintiff Fernando Bermudez was incarcerated 18 years for a murder he did not commit. The crime in question took place around 3:00 AM on August 4, 1991. A 16- *371 year-old boy named Efraim Lopez was at a party at the Marc Ballroom in

OPINION OF THE COURT Read, J. Petitioner David Kaslow (Kaslow), a member of the Tier 3 CO-20 retirement plan established by Retirement and Social Security Law § 504-a (hereafter, the Tier 3 CO-20 plan), retired from his position as a correction officer with the New York City Department of Correction (DOC) on July 2, 2009. For the reasons that follow, we conclude that Kaslow’s pension is defined in its entire

OPINION OF THE COURT Renwick, J. This action arises from the shooting death of Shirley Fontanez by her boyfriend, Police Officer Frederick Maselli, at his home, on July 23, 2007. After the shooting, Maselli killed himself. Fontanez was 16 years old when she began her relationship with Maselli, who was then 38 years old. Fontanez is survived by her infant

OPINION OF THE COURT Jack M. Battaglia, J. In the afternoon of July 25, 2001, at Pier 4 of the Brooklyn Army Terminal, plaintiff Shlomit Fried, then 16 years old, was operating a Chevrolet Astro minivan owned by the father of a male friend, Nir Yadgar, 19 years old, who was apparently teaching her to drive, when, for reason or reasons unknown, the van left the pier, and entered Gowanus Bay. Mr. Yadgar was ki

795 F.Supp.2d 256 (2011) Davidson CHUKWUKA, Plaintiff, v. CITY OF NEW YORK, New York City Human Resources Administration, Richard Beck, Director of Bureau of Reconciliation and Control, New York City Human Resources Administration Finance Office, and Sherry Berkowitz, Defendants. No. 05 Civ. 4331 (MGC). United States District Court, S.D. New York. June 23, 2011.

14 N.Y.3d 779 (2010) 925 N.E.2d 582 898 N.Y.S.2d 544 RAMONA ORTIZ, Respondent, v. CITY OF NEW YORK, Appellant, and 240 WEST 98TH STREET ASSOCIATES et al., Respondents. No. 116 SSM 5. Court of Appeals of New York. Decided March 25, 2010. *780 Michael A. Cardozo, Corporation Co

733 F.Supp.2d 357 (2010) Ricardo BRENES, Plaintiff, v. The CITY OF NEW YORK et al., Defendants. Case No. 01-cv-3943 (TLM). United States District Court, E.D. New York. August 5, 2010. *359 Robert Neal Felix, Law Offices of Robert N. Felix, New York, NY, for Plaintiff. Isaac Klepfish, Jason Robert Bogni, Larry R. Martinez,

701 F.Supp.2d 477 (2010) Steven C. ISAAC, Plaintiff, v. CITY OF NEW YORK, New York City Department of Correction, Kathleen Coughlin, in her individual capacity and as an aider and abettor, Defendants. No. 08 Civ. 3474(PKC). United States District Court, S.D. New York. March 22, 2010. *481 Ambrose Wotor Wotorson, Jr., Law Offices

654 F.Supp.2d 169 (2009) Milford GANGADEEN, Ronald Brow, Sharon Halloway, and Akindra Reape, Plaintiffs, v. The CITY OF NEW YORK, New York City Department of Health & Mental Hygiene, Thomas R. Frieden, Sarah Beatrice, Thomas J. Breuers, and Meyer, Suozzi, English & Klein, P.C., Defendants. No. 07 Civ. 10965(DLC). United States District Court, S.D. New York. August 12, 2

Sweeny, J. (dissenting in part). I dissent on one issue: whether the plaintiff has raised a question of fact that the City can be held responsible for plaintiffs accident. She has not; therefore, the complaint should be dismissed in its entirety. The majority correctly notes that because there was no prior written notice of the defect, the burden is on plaintiff to establish the City’s liability. The majority is

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered January 31, 2014, denying the petition seeking, among other things, to annul a determination of respondent New York City Housing Authority, dated February 6, 2013, which, after a hearing, denied petitioner’s grievance seeking a retroactive rent credit from January 2003 to January 2006; to obtain advancement in priority on a waiting l

SUMMARY ORDER Appellants Clarke et al. appeal from judgments by the United States District Court for the Southern District of New York (Lynch, J.), after a jury verdict, dismissing the complaint and denying judgment as a matter of law. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. This case falls squarely under the previously d

SUMMARY ORDER Appellants Clarke et al. appeal from judgments by the United States District Court for the Southern District of New York (Lynch, J.), after a jury verdict, dismissing the complaint and denying judgment as a matter of law. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. This case falls squarely under the previously d

OPINION OF THE COURT Michael D. Stallman, J. Motions bearing sequence Nos. 007 and 008 are consolidated for disposition. In motion sequence No. 007, petitioner the Correction Officers’ Benevolent Association (COBA) moves, pursuant to CPLR 901, for an order certifying itself as the class representative of all COBA tier 3 members hired between July 26, 1976 and December 19, 1990, who ret