Invoice or legal notice from New York Law Journal, Aug

-f- - recteir. ■ - ' -...................... ORDERED that the appeal is dis­ I Now, on the court’s own motion, it is Upon the papers filed in support of ping on clumps of grass before plaintiff was foreseeable to defendant (Derdiari- out of the country, the court denied ten-. missed, without costs or disbursements, Z ORDERED that the stay granted by the as no appeal lies from an order denying the applications, and no papers having been filed in opposition or in relation fell and plaintiff falling after slipping on a clump of grass. In light of the foregoing, an, 51 308, 315; Mesick v. State of New York, 118 AD2d 214, 218 [ 1986}). In ant’s motion based on its finding that missing mail wa,s not as big a problem as z decision and order on motion dated a motion for reargument. Hofstra University’s motion for summary Mesick, the 17-year-oId plaintiff slipped tenant asserted it to be. o May 27,2004, is vacated forthwith, for failure to perfect the appeal by June 28, PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur. thereto, it is ORDERED that the applications are judgment should have been denied (see while getting up speed to grab a rope On June 16, 2004, this court signed an o Gordon v. American Museum of Natural swing attached'to a tree, overhanging not order directing landlord to show cause co g 2004. ALTMAN, J.P., SMITH, KRAUSMAN and By Gail Prudent!, P.J.; Ritter, Santucci, Florio and Smith, JJ. granted and the appeals and cross appeals are deemed withdrawn, without History, 67 NY2d 836 [1986]; Winegrad v. only a creek but a cluster of jagged rocks, why tenanl should not be restored to pos.session pending appeal. The order to SKELOS, JJ., concur. costs or disbursements. New York Univ. Med. Ctr., 64 NY2d 851 onto which plaintiff fell after missing the o By Gail Prudent!, P.J.; Smith, Adams GREENBERG ap, v. ASTORIA PRUDENTI, P.J., RITTER, SANTUCCI, [1985]; Avellino. 5 AD3d 519). rope. Finding this scenario not unforesee­ show cause contained a stay of reletting I FEDERAL SAVINGS & LOAN FLORIO and SMITH, JJ., concur. UGON, res., v. SPRING CREEK ASSOCI­ able, the Appellate Division, Third and removal of tenant’s possessions from “0 o and Rivera, JJ. ASSOCIATES res — Application by the ATES, L.P.. ap — Appeal by defendant Department held the State of New York, the premises. C o GIAGUARO S.P.A. ap. v. AMKO TRIDEE ASSOCIATES, INC., res, v. which had known of and tolerated the In support of her application, tenant CT o appellants for leave to withdraw an BOARD OF EDUCATION OF CITY OF from an order of the Civil Court, Kings swing's existence and use, liable for plain­ asserts that she was at home at the times INTERNATIONAL TRADING, INC. res — appeal from an order of the Supreme County (L. Baily-Schiffraan, J.), entered O NEW YORK, ap — Application by the tiff’s accident, albeit while attributing that the process server allegedly Appeal by the plaintiffs from a decision Court, Queens County, dated August 13, appellant pursuant to 22 NYCRR August 14, 2003, denying defendant’s ■D O> of the Supreme Court, Kings County, substantial comparative fault to plaintiff. attempted service and no one knocked Ca5 dated December 10, 2003. 2003. 670.8(d)(2) to enlarge the time to per­ motion for summary judgment. Likewise, Ligon’s acts in the present on her door. Tenant also documents her o Upon the papers filed in support of fect an appeal from a judgment of the Order unanimously affirmed without 3. O> ! Now, on the court’s own motion, it is costs. case cannot be said, as a matter of law, to claim that she had lodged complaints OO the application, and no papers having Supreme Court, Kings County, dated be a superseding cause of his accident. In with the Postal Service with respect to 03 i ORDERED that the appeal is dis­ been filed in opposition or in relation In this personal injury action, plaintiff January 20, 2004. the circumstances, it was or should have the stolen mail. She further claims that missed, without costs or disbursements, thereto, it is ORDERED that the application is alleged that Malekeyah Ligon (Ligon) was been reasonably foreseeable to defen­ she is being overcharged (1) because her 0 as no appeal lies from a decision (see ORDERED that the application is injured while playing on a swing set on O granted and the appellant’s time to per­ dant that a child could fall and be injured rent is S789.58, consisting of base rent of O Schicchi v. Green Constr. Corp., 100 AD2d granted and the appeal is deemed with­ defendant’s property when, while trying 509). drawn, without costs or disbursements. fect the appeal is enlarged until August to execute a back flip, he fell from the on the rock or slab under the swing (see $767.62 and an increase for major capital c 16, 2004, and the record or appendix on e.q. Kriz v. Schum, 75 NY2d 25 [1989} improvements of $21.96, and not $811.91 PRUDENTI, P.J., SMITH, ADAMS and PRUDENTI, P.J., RITTER, SANTUCCI, the appeal and the appellant's brief swing onto a slab of rock or concrete [finding respective plaintiffs’ behavior in as alleged by landlord, (2) because the 3 RIVERA, JJ., concur. FLORIO and SMITH, JJ,, concur. beneath the swing set, breaking his arm. CD must be filed on or before that date; and Defendant moved for summary judgment sliding headfirst down a slide into the MCI increase took effect in January 2004 3 By Gail Prudent!, P.J.; Smith, Adams By Altman, J.P.; Krausman, Spolzino it is further, shallow end of the pool and diving from a and not December 2003 as demanded by and Rivera, JJ. on the ground that Ligon’s reckless . landlord, and (3) because lemdlord and Skelos, JJ. ORDERED that the respondent’s brief behavior was the sole and superseding pool slide into water of unknown depth MATTER OF MALDONADO, ap, v. shall be served and filed on or before not unforeseeable and therefore not demanded a November 2003 balance yet MATTER OF GALLO, JR., res, v. cause of the accident. CLOUDEN res — Appeal by Melissa September 30, 2004. superseding cause of their respective stipulated in a prior proceeding that all GALLO, ap — Appeal by Donna L. Gallo In opposition to defendant’s motion, Maldonado from an order of the Family injuries}). arrears due through November 2003 from an order of the Family Court, TROCHE, ETC. res, v. NEW YORK plaintiff introduced photographs, authen­ were paid. Tenant also shows proof that Court, Kings County, dated June 24, Dutchess County, dated January 17, CITY TRANSIT AUTHORITY ap — ticated at Ligon’s deposition, showing a THE DIME SAVINGS BANK OF December 2003 rent of $767.62 and Janu­ 2004. 2004. By decision and order on motion Application by the appellants pursuant readily visible rock or slab of concrete of NEWYORK, RS.B., ap., v. HARPAL, def ~ ary 2004 rent of $796.26 were paid prior Now, on the court’s own motion, it is of this court dated May 5, 2004, the to 22 NYCRR 670.8(d)(2) to enlarge the significant size directly below the swing. Appeal by plaintiff from an order of the to issuance of the warrant. Tenant claims ORDERED that the appeal is dis- court’s own motion to dismiss the time to perfect an appeal from an order Defendant’s own evidence showed that Civil Court, Queens County (S. Gottlieb, J.), entered June 5, 2003, which denied that she was denied her day in court ■ missed, without costs or disbursements, appeal was denied and the appellant of the Supreme Court, Kings County, Ligon broke his arm when it hit the rock because neither the process server nor as the order is not appealable as of right was given until June 21, 2004, to perfect dated November 12, 2003. or slab. The court below denied the its motion for summary judgment as against defendant Manpreet Kaur. his logs were produced. (see Family Ct Act §1112) and we decline the appeal. The appeal has not been ORDERED that the application is motion. Landlord opposes tenant’s motion on to grant leave to appeal. perfected. granted and the appellants’ time to per­ While the behavior of Ligon, who was Order unanimously affirmed without costs. the grounds that tenant delayed a month PRUDENTI, P.J., SMITH, ADAMS and Now, on the court’s own motion, it is fect the appeal is enlarged until Septem­ 10 years old at the time of his accident, in from the time of the Housing Court’s RIVERA, JJ.. concur. ORDERED that the appeal is dis­ ber 7,2004, and the record or appendix attempting to ‘‘back flip” off the swing Plaintiff, as assignee, commenced this order before seeking relief from this missed, without costs or disbursements, on the appeal and the appellants’ brief may well have contributed to the acci­ action to recover upon an unpaid motor By Gail Prudent!, P.J.; Smith, Adams vehicle retail instalment sales contract. court; that the apartment has been reno­ for failure to perfect the same in accor- must be served and filed on or before dent, it cannot be said to be so extraordi­ vated and re-let, and that tenant’s pattern and Rivera, JJ. nary and unforeseeable as to constitute Defendant Manpreet Kaur admitted that demce with the decision and order on that date. is to fall deeply into arrears and to delay MATTER OF CATHEDRAL FOURTH an intervening cause, cutting off defen­ she stopped making payments, but she motion of this court dated May 5, 2004. By Altman, J.P.; Krausman, Spolzino eviction proceedings by bringing on DEVELOPMENT CORP., res, v. BOARD dant’s liability. It has been noted that claimed that the vehicle was defective ALTMAN, J.P., KRAUSMAN, SPOLZINO and Skelos, JJ. numerous orders to show cause before OF ASSESSORS, ETC., ET AL.. ap — ‘‘To speak of an intervening ‘cause’ is and was returned to the used car dealer and SKELOS, JJ., concur. who agreed to make the monthly pay­ she finally makes payment. Appeal by Board of Assessors and MUNROE, res, v. NEPERA CHEMICAL misleading, for the problem is not In reply, tenant, inter alia, denies that Assessment Review Commission of By Gail Prudent!, P.J.; Smith, Adams one of causation but policy concern­ ments upon the loan. After the car was CO., INC., ap — Motion by the appellant the alleged new tenant has entered into County of Nassau, County of Nassau, and Rivera, JJ. ing limitation of responsibility... .The repossessed at plaintiff’s behest, it was to stay the trial of the above-entitled possession of the apartment. and Donald S. Clavin, Jr., from an order MATTER OF GONZALEZ, res, v. action pending hearing and determina­ issue is, at what point is a defendant, sold at what plaintiff claims was a public auction. By order to show cause dated July 6, of the Supreme Court, Nassau County, LOBAS, ap — Appeal by Robert Lobas tion of an appeal from an order of the whose negligent act or omission has 2004, tenant moved to punish landlord dated December 17, 2003. from an order of the Family Court, Supreme Court, Orange County, dated contributed to an injury, to be Although plaintiff moved for summary and its attorneys for contempt for violat­ Now, on the court’s own motion, it is Putnam County, dated June 17, 2004. April 16, 2004. relieved of liability by reason of the judgment to recovery a deficiency judg­ ing the stay contained in this court’s ORDERED that the notice of appeal is Now, on the court’s own motion, it is Upon the papers filed in support of fact that after the act or omission a ment against Kaur, plaintiff’s moving order to show cause dated June 16, 2004 treated as an application for leave to new and independent cause comes papers did not set forth sufficient evi­ ORDERED that the appellant’s notice the motion and the papers filed in oppo­ by, inter alia, removing her possessions appeal to this court, and leave to appeal into operation” (lA NY PJ13d 360361 dence in admissible form to establish of appeal is treated as an application for sition thereto, it is from the apartment on .lune 21, 2004. The is granted (5ee CPLR 5701[c]). [2004]). that the collateral was disposed of in a leave to appeal to this court and leave ORDERED that the motion is denied. order to show cause consolidated the PRUDENTI, P.J„ SMITH, ADAMS and commercially reasonable manner (see to appeal is granted (sec CPLR5701[c]). ALTMAN, J.P., KRAUSMAN, SPOLZINO In the circumstances of the present case, two motions for disposition, directed RIVERA, JJ., concur. this cutoff point has not been reached. UCC 9-610). ft is well settled that “[a] PRUDENTI, P.J., SMITH, ADAMS and and SKELOS, JJ., concur. service at the premises upon the alleged As a landowner, defendant “must act secured parly of the collateral bears the By Gail Prudent!, P.J.; Smith, Adams RIVERA, JJ., concur. By Altman, J.P.; Krausman, Spolzino new tenant, directed landlord and it as a reasonable [person] in maintaining burden of showing that the sale was and Rivera, JJ. By Gail Prudent!, P.J.; Smith, Adams and Skelos, JJ. attorneys to appear at a hearing and his [or her] property in a reasonably safe made in a 'commercially reasonable’ and Rivera, JJ. manner” (Mack Fin. Corp. v. Knoud, 98 enlarged the return date of the first order DERASMO, res v, DERASMO, ap — MATTER OF ALLSTATE INSURANCE condition in view of all the circum­ to show cause. The alleged new tenant Appeal by the defendant from a deci­ MATTER OF IWACHIW. IWACHIW, ap COMPANY, res-ap, v. LEACH, res, stances, including the likelihood of injury AD2d 713, 714 [1983]; see also Associates has not appeared. Landlord and its attor- sion of the Supreme Court, Nassau — Appeal by Walter Iwachiw from a PROVIDENCE WASHINGTON INC., CO., Commercial Corp. v. Liberty Truck Sales to others, the seriousness of the injury ney.s failed to appear at the hearing. At County, dated May 14, 2004. decision of the Supreme Court, Queens ADDITIONAL res ap-res ADDITIONAL &Leasing, 286 AD2d 311, 312 [2001]; Ford and the burden of avoiding the risk” (Per­ the hearing, tenant submitted photo­ Now, on the court’s own motion, it is County, dated May 12, 2004. alta v. Henriquez, 100 NY2d 139,144 Motor Credit Co. v. Hernandez. 210 AD2d res — Motion by Allstate Insurance graphic proof that the apartment is ORDERED that the appeal is dis­ 656 [1994]). Consequently, plaintiff’s Now, on the court’s own motion, it is Company on an appeal and cross [2003], quoted in Cupo v. Karfunkel, 1 undergoing renovations and is not occu­ missed, without costs or disbursements, AD3d 48,51 [2003]). While the trier of motion for summary judgment was prop­ ORDERED that the appeal is dis­ appeal from a judgment of the Supreme pied. as no appeal lies from a decision (see fact must determine whether and to what erly denied because plaintiff failed to sat­ missed, without costs or disbursements, Court, Queens County, dated February isfy its burden of demonstrating its We now grant tenant’s motion to be Schicchi V. Green Constr. Corp., 100AD2d as no appeal lies from a decision (see 19, 2004, inter alia, to strike the brief extent a particular duty of care was restored to possession pending appeal 509). breached, whether a duty toward a par­ entitlement to summary judgment (see (see Brooklyn Props, v. Shade, NYLJ, Feb. Schicchi v. Green Constr. Corp., 100 AD2d and joint record filed by Providence Winegrad v. New York Univ. Med. Center, PRUDENTI, P.J., SMITH, ADAMS and 509). Washington Ins. Co. and dismiss the ticular pleiintiff is owed is a question of 11, 2003 [AppTerm, 2d & 11th .)ud RIVERA, JJ., concur. law for the court, and the It reasonable 64 NY2d 851 [1985]; Zuckerman v. City of Dists]). PRUDENTI, P.J., SMITH, ADAMS and appeal on the ground that the joint New York, 49 NY2d 557 [1980]; Associ­ By Gail Prudent!, P.J.; Smith, Adams RIVERA, JJ., concur. record is incomplete, or, in the alterna­ expectations of the parties and society Inasmuch as the minutes of the tra­ ates Commercial Corp.. 286 AD2d at 312- and Rivera, JJ. By Altman, J.P.; Krausman, Spolzino tive, to direct Providence Washington generally” dictate that defendant owed a verse hearing have not yet been tran­ duty to plaintiff to maintain the play area 313; Ford Motor Credit Co., 210 AD2d 656; and Skelos, JJ. Ins. Co. to serve and file a supplemen­ scribed, we are unable to determine LEVIN, ap, V. STATE OF NEW YORK, in a reasonably safe condition (Tagle v. Mack Fin. Corp., 98 AD2d at 714). tal joint record, and to enlarge the time whether tenant has established a likeli­ res — (CLAIM NO. 102589) — PEOPLE, ETC., res, v. HOBLIN to serve and file a brief. , Jacob, 97 NY2d 165,168 [2001 ]). In this CHl-AM REALTY LLC, res., v. GUD- hood of success with respect to her Application by the appellant pursuant BULAYANA, ap — (S.C.I. NO. 797/02) — regard, defendant’s reliance on Ascher v DAHL, ap — Motion by landlord-respon­ application to vacate the default. Upon the papers filed in support of to 22 NYCRR 670.8(d)(2) to enlarge the Motion by the attorney assigned to rep­ the motion and the papers filed in oppo­ Scarsdale School Dist. (267 AD2d 339 dent for enlargement of time to submit However, tenant, at the very least, has time to perfect an appeal from a deci­ resent the appellant on an appeal from sition thereto, it is [1999]) is misplaced; although strikingly respondent’s brief granted, and said brief shown a likelihood of success in that she sion of the Court of Claims, dated a determination of the County Court, factually similar to the present case, the shall be served and filed within 21 days has asserted, and landlord has acknowl­ ORDERED that the motion is granted December 18, 2003. Westchester County, dated February to the extent that on or before August issue raised in Ascher was defendant's of the date of the order hereon. edged, that she paid a total of $ 1,563.68 Now, on the court’s own motion, it is 10, 2004, inter alia, to dismiss the 27, 2004, Providence Washington Ins. Co. alleged failure to supervise playground Appellants, if they be so advised, may toward the December 2003 and January ORDERED that the appeal is dis- appeal and vacate the determination activities, not the existence of any dan- serve and file a reply brief within 14 days is directed to serve and file a supple- Continued oa the following page