July 15, 1994 Appeal from the Supreme Court, Onondaga County, Hurlbutt, J. Present — Denman, P.J., Pine, Fallon, Callahan and Davis, JJ. Judgment unanimously affirmed without costs. Memorandum: Defendant County of Onondaga (County) failed to preserve for review its argument that, pursuant to Weiss v. Fote ( 7 N.Y.2d 579, rearg denied 8 N.Y.2d 934 ), the doctrine of qualified municipal immunity applies to bar recovery against it. The County argues for the first time on appeal that plaintiff failed

Argued October 28, 1969 Decided December 4, 1969 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J. Leonard C. Shalleck, Irving I. Erdheim and Milton P. Falk for appellant. Morris H. Halpern and Abraham J. Heller for respondent. BREITEL, J. This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both

Nos. 2007-05728, 2007-10968. October 14, 2008. In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County (O. Bellantoni, J.), entered May 24, 2007, which denied their motion pursuant to CPLR 4404 (a), inter alia, to set aside a jury verdict on the issue of liability and for a new trial, and (2) a judgment of the same court, also entered May 24, 2007, which, upon a jury verdict, and upon the order entered May 24

No. CA 08-02034. October 2, 2009. Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered July 18, 2008 in a trespass action. The order and judgment, among other things, awarded judgment in favor of plaintiff and against defendants in the amount of $631,296.18. McGEE GELMAN, BUFFALO (MICHAEL R. MCGEE OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (R. ANTHONY RUPP,

Argued November 12, 1984 Decided December 18, 1984 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert A. Contiguglia, J. Roger W. Avery for appellants. Lee S. Michaels and Robert K. Bergan for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. In our court appellant executors of the estate of Lessie Cool urge reversal on two grounds, namely, that the decision of the trial court setting aside the jury's verdict

June 8, 2001. (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Reargument.) PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND BURNS, JJ. Order unanimously reversed on the law without costs and motion to reargue dismissed. Memorandum: Supreme Court erred in granting the motion of defendant NBT Bank of Rome, N Y (NBT Bank) to reargue its motion seeking dismissal of the complaint against it. Plaintiff served an amended complaint as of right before the motion was decided ( see generally

CA 05-00728. September 30, 2005. Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered December 16, 2004. The order denied plaintiff's motion to set aside the jury verdict. J. MICHAEL SHANE, OLEAN, FOR PLAINTIFF-APPELLANT. WRIGHT, WRIGHT AND HAMPTON, JAMESTOWN (EDWARD P. WRIGHT OF COUNSEL), FOR DEFENDANT-RESPONDENT. Before: Hurlbutt, J.P., Scudder, Smith, Pine and Hayes, JJ. It is hereby ordered that the order so appealed from be and the same hereby is unanimously