april 15, 2008 - Criminal Law Library Blog

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Harding therefore may pursue its cross claims against Metal Craft for common-law indemnification (see generally McDermott v City of New York, 50 NY2d 211, 216-217 [1980]). The third-party complaint against Lewistown was correctly dismissed because the evidence establishes that, after the parking lift left Lewistown’s control and before the accident, lift rods that Lewistown fabricated were replaced by the allegedly defective rods, which it did not fabricate (see Robinson v Reed-Prentice Division of Package Machinery Co., 49 NY2d 471, 475 [1980]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 15, 2008 _______________________ CLERK 14
Lippman, P.J., Tom, Williams, Acosta, JJ. 3396 James Todd Smith, professionally known as, LL Cool J, Index 102364/05 Plaintiff-Appellant, -against- GTFM, Inc., Defendant-Respondent, GTFM, LLC, Defendant. _________________________ Meloni & McCaffrey, P.C., New York (Robert S. Meloni and Thomas P. McCaffrey of counsel), for appellant. Davidoff Malito & Hutcher LLP, New York (Charles Klein of counsel), for respondent. _________________________ Order, Supreme Court, New York County (Bernard J. Fried, J.), entered June 22, 2007 which, upon reargument, granted defendant GTFM Inc.’s cross motion for partial summary judgment, unanimously affirmed, with costs. Summary judgment was properly based on a letter signed by plaintiff unambiguously showing his waiver of any claims for breach of contract arising prior to June 14, 2002 (see Excel Graphics Tech. v CFG/AGSCB 75 Ninth Ave., 1 AD3d 65, 69 [2003], lv dismissed 2 NY3d 794 [2004]). Plaintiff’s assertions in his affidavit that by signing the letter he never intended to waive 15
Page 1 and 2: SUPREME COURT, APPELLATE DIVISION F
Page 3 and 4: Lippman, P.J., Tom, Williams, Acost
Page 5 and 6: Danann Realty Corp. v Harris, 5 NY2
Page 7 and 8: Circle Rubbish launched “a force
Page 9 and 10: classes, and scheduling visits with
Page 13: was cut too deep. Defendants’ the
Page 21 and 22: witnesses and collective tailoring
Page 23 and 24: stipulated to the grounds, and the
Page 29 and 30: Mullaney v Wilbur, 421 US 684 [1975
Page 33 and 34: liability claims “share few, if a
Page 35 and 36: ecords of drug transactions and def
Page 37 and 38: argument that this testimony invade
Page 39 and 40: in the 12 hours prior to plaintiff
Page 41 and 42: individual as the sole tenant in th
Page 43 and 44: opposed the motion, and pending the
Page 45 and 46: that defendant’s vehicle was regi
Page 47 and 48: arrests respectively. In fact, one
Page 49 and 50: inmate-victim who vaguely claimed t
Page 51 and 52: CATTERSON, J. (dissenting) Because
Page 53 and 54: person that’s in the cell closest
Page 55 and 56: evidence that anyone had intimidate
Page 57 and 58: him. See People v. Harte, 29 A.D.3d
Page 59 and 60: summary judgment on his Labor Law
Page 61 and 62: aise a triable issue as to construc
Page 63 and 64: specific substance of the conversat
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Gonzalez, J.P., Williams, Catterson
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Mazzarelli, J.P., Andrias, Friedman
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interest of justice. As an alternat
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leave to amend the complaint to ass
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in the first degree. After being de
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decline to review it in the interes
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panelist understood that he needed
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to be compensated for its services
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Lippman, P.J., Saxe, Nardelli, Will
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Lippman, P.J., Tom, Mazzarelli, And
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Tom, J.P., Andrias, Friedman, Gonza
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Gonzalez, J.P., Nardelli, Buckley,
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The Following Orders Were Entered A
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