Cases

McCarthy v City of New York (2019 NY Slip Op 05121) McCarthy v City of New York 2019 NY Slip Op 05121 Decided on June 26, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursu

McCarthy v New York Kitchen & Bathroom Corp. (2019 NY Slip Op 08506) McCarthy v New York Kitchen & Bathroom Corp. 2019 NY Slip Op 08506 Decided on November 21, 2019 Appellate Division, First Department Published

In an action to recover damages for personal injuries and injury to property, the plaintiff appeals from an order of the Supreme Court, Kings County (Velasquez, J.), dated May 17, 2012, which granted the motion of the defendants City of New York and New York City Department of Buildings for summary judgment dismissing the complaint insofar as asserted against them. Ordered that the order is affirmed, with costs. The p

In an action to recover damages for personal injuries and injury to property, the plaintiff appeals from an order of the Supreme Court, Kings County (Velasquez, J.), dated May 17, 2012, which granted the motion of the defendants City of New York and New York City Department of Buildings for summary judgment dismissing the complaint insofar as asserted against them. Ordered that the order is affirmed, with costs. The p

Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June 16, 2016, after a jury trial, awarding plaintiffs the total amount of $1,355,810.08, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for a new trial. Appeal from order, same court and Justice, entered on or about February 22, 2016, unanimously dismissed, without costs, as subsumed in the app

OPINION OF THE COURT Clark, J. Appeal from an order of the Supreme Court (Roger D. Mc-Donough, J.), entered March 31, 2015 in Albany County, which, among other things, granted defendants’ motion for summary judgment dismissing the third amended complaint. Plaintiff New York Insurance Association, Inc. (hereinafter NYIA) is a nonp

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme *446Court, Kings County (M. Garson, J.) dated October 17, 2002, as granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the cause of action based on General Municipal Law § 205-e. Order

McCarthy v Ashikari (2022 NY Slip Op 03719) McCarthy v Ashikari 2022 NY Slip Op 03719 Decided on June 8, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Lynch, J. Appeals (1) from a decision of the Court of Claims (Bruening, J.), entered June 10, 2016, following a bifurcated trial in favor of defendant on the issue of liability, and (2) from the judgment entered thereon. This negligence claim arises out of a motor vehicle accident that occurred along State Route 96 in the V

OPINION OF THE COURT Rose, J. Appeal from a judgment of the Supreme Court (Ferreira, J.), entered August 6, 2014 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, annul a determination of respondent Secretary of the Public Service Commission concerning the disclosure of certain documents pursuant to the Freedom of Infor

OPINION OF THE COURT Rose, J. Appeal from a judgment of the Supreme Court (Ferreira, J.), entered August 6, 2014 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, annul a determination of respondent Secretary of the Public Service Commission concerning the disclosure of certain documents pursuant to the Freedom of Infor

Rumsey, J. Appeal from an order of the Supreme Court (O’Connor, J.), entered September 22, 2016 in Albany County, upon a decision of the court in favor of defendant. Plaintiffs, parents of minor students in multiple small city school districts outside of New York City, commenced this declaratory ju

Lynch, J. Appeals (1) from an order of the Court of Claims (Collins, J.), entered April 11, 2016, which, among other things, denied claimant’s motion for summary judgment, and (2) from an order of said court, entered November 3, 2016, which denied claimant’s motion to reargue. Following a tier III disciplinary hearing,

Devine, J. Appeal from an order of the Court of Claims (DeBow, J.), entered March 28, 2016, which granted defendant’s motion to dismiss the claim. Claimant, an inmate at Upstate Correctional Facility, filed a claim alleging violations of both the state constitutional guarantee of freedom of religion and a directive of the Department of Corrections and Commu

Aarons, J. Appeal from an order of the Court of Claims (DeBow, J.), entered April 25, 2016, which granted defendant’s motion for a protective order and denied claimants’ cross motion to compel. The underlying facts are set forth in our prior decision, which also involved a discovery dispute between these

*1007 McCarthy, J.P. Appeal from an order of the Court of Claims (McCarthy, J.), entered April 25, 2016, which, among other things, partially granted defendant’s cross motion for summary judgment dismissing the claim. On June 11, 2013, claimant, an inmate at a state correctional faci

Matter of Wilson v McCarthy (2025 NY Slip Op 01417) Matter of Wilson v McCarthy 2025 NY Slip Op 01417 Decided on March 13, 2025 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law

Rose, J. Appeal from an order of the Court of Claims (Milano, J.), entered April 21, 2016, which, among other things, granted defendant’s cross motion to dismiss the claim. Claimant, an inmate, commenced this negligence action alleging that defendant failed to provide him with adequate *1

McCarthy, J. Appeal from an order of the Court of Claims (DeBow, J.), entered June 1, 2015, which granted defendant’s motion for summary judgment dismissing the claim. The facts at issue on this appeal are more fully discussed in a previous case before this Court (Matter of Abramoski v New York State Educ. Dept., 134 AD3d 1183 [2015

Lynch, J. Appeal from a judgment of the Court of Claims (Schaewe, J.), entered April 10, 2014, upon a decision of the court following a bifurcated trial in favor of defendant on the issue of liability. Claimant, who was a member of a volunteer ambulance company, was injured on October 18, 2000 when the ambulance in which he was a passenger hit a stone wall lo