34 Cited authorities

  1. City of Los Angeles v. Alameda Books, Inc.

    535 U.S. 425 (2002)   Cited 410 times   1 Legal Analyses
    Holding that "'[t]he First Amendment does not require a city, before enacting . . . an [adult entertainment secondary effects] ordinance to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses.'"
  2. Professional Park v. Bedford

    60 N.Y.2d 492 (N.Y. 1983)   Cited 1,156 times
    In Northern Westchester Professional Park Assocs. v Town of Bedford (60 N.Y.2d 492) the Court of Appeals found that in determining whether a certain zoning regulation permitted a reasonable rate of return, a petitioner must show proof in dollars and cents of the owner's investment in the property as well as the return that the property would produce from the various uses permissible under the existing classification.
  3. Claridge Gardens, Inc. v. Menotti

    160 A.D.2d 544 (N.Y. App. Div. 1990)   Cited 553 times

    April 19, 1990 Appeal from the Supreme Court, First Department, Parness, J.P., Miller and McCooe, JJ. The tenant is a well-known musician who spends relatively little time in the subject apartment. While that, alone, is not a sufficient basis for a finding of nonprimary residence (Coronet Props. Co. v. Brychova, 122 Misc.2d 212, affd 126 Misc.2d 946), the trial court's determination was not based merely on the amount of time the tenant spent in the apartment. Competent evidence in the record supports

  4. Baba-Ali v. State

    2012 N.Y. Slip Op. 5196 (N.Y. 2012)   Cited 82 times
    Withholding of evidence is fraud on the court
  5. People v. Gruttola

    43 N.Y.2d 116 (N.Y. 1977)   Cited 185 times

    Argued October 5, 1977 Decided November 21, 1977 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MARTINIS, J. Lynn W.L. Fahey and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney (Ann Elizabeth Lewis, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent. GABRIELLI, J. The defendant stands convicted of robbery in the first degree, two counts of assault in the first degree, three counts of attempted assault

  6. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  7. Stringfellow's of New York, Ltd. v. City of New York

    91 N.Y.2d 382 (N.Y. 1998)   Cited 72 times
    Finding from "amendments' legislative history that ameliorating the negative social consequences of proliferating adult uses was the City's only goal"
  8. Arcara v. Cloud Books

    68 N.Y.2d 553 (N.Y. 1986)   Cited 93 times
    In Arcara the Erie County District Attorney attempted to close a bookstore for one year pursuant to provisions of the Public Health Law relating to public nuisances.
  9. In re Metropolitan Transportation Authority

    86 A.D.3d 314 (N.Y. App. Div. 2011)   Cited 33 times

    No. 4045. July 21, 2011. APPEALS from two judgments and an order of the Supreme Court, New York County (Walter B. Tolub, J.), entered December 1, 2009, December 3, 2009, and December 17, 2009, respectively. The judgments awarded claimant DLR Properties, LLC the total sum of $11,480,370.98, including interest at the rate of 9% per year, and awarded the other claimants the total sum of $44,158,004.44, including interest at the rate of 9% per year. The order granted DLR Properties, LLC's motion for

  10. Saperston v. Holdaway

    2013 N.Y. Slip Op. 1020 (N.Y. 2013)   Cited 14 times

    2013-02-19 In the Matter of Willard SAPERSTON, Appellant, v. Heather HOLDAWAY, Respondent. Phillips Lytle LLP, Buffalo (Michael B. Powers of counsel), for appellant. Peter C. Lomtevas, Esq., P.C., Brooklyn (Peter C. Lomtevas of counsel), for respondent. Phillips Lytle LLP, Buffalo (Michael B. Powers of counsel), for appellant. Peter C. Lomtevas, Esq., P.C., Brooklyn (Peter C. Lomtevas of counsel), for respondent. Bouvier Partnership, LLP, Buffalo (Emilio L. Colaiacovo of counsel), Attorney for the

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation