Appellate Division of the Supreme Court of New York October 2003 casesPeople v. SwainRussell v. B B Industries, Inc.People v. SmithSoho Plaza Corp. v. Nationwide Mutual InsuranceSelective Insurance Co. v. LicitraPeople v. KingGarcia v. Lawrence HospitalMartinez v. Kay ManagementLondner v. Big V SupermarketsPeople v. WilliamsPeople v. JasperPeople v. Romero420 Riverside Owners, Corp. v. EttingerPeople v. ReyesIn re Charles CMatter of Sicoli v. Grand Island C., Page 1230In the Matter of Garth SBartek v. DraperLEFKOWITZ v. ETRA ETRAJasser v. MunozIn Matter of Shawna L. v. William B.In re Wisniewski v. Polish and Slavic Ctr.Cahill v. Triborough Bridge Tunnel Auth.People v. JaquezIn re Farrell v. Bay Shore Union Free SPeople v. Zabala-RomeroBarklee Realty Co. v. Pataki, 349 [1st Dept 2003Consilvio v. Alan L.Univ. Eye Spec. v. Travelers IdemyMatter of Hill v. Board of TrusteesPEOPLE v. DEIRMatter of Lisa DInvestec Ernst Co. v. Bank of AmericaEdge v. Slomin's, Inc.52ND Lex. Company v. Insignia Residential GroupMatter of McGovern v. JosephDickinson v. DickinsonMatter of Ja-Nathan FNew York Life Ins. Co. v. FortunatoPeople v. HamiltonSmith v. PortuondoPeople v. ClarkePeople v. JohnsonPeople v. MyersIn re Hawthorne Gardens v. N.Y. Div. of Hsg.People v. BryantIn the Matter of Bianca CWalton v. KennyIn re Agzim SMATTER OF YA'TAWI B.In Matter of Cornell C.In Matter of Stephanie G.In Matter of JenkinsJamie v. JamieIn re Word of Life Min. v. Nassau CtySteele v. RoseIn re Application of Weingarten v. RoblesDeJesus v. New York City Health & Hospitals Corp.Gillis v. Toll Land XIII Limited PartnershipArnold v. ArnoldAllstate Insurance Company v. KearnsCohen v. Shopwell, Inc.Blanco v. the City of New YorkPeople v. EscolasticoIn re Loftus v. McCallPeople v. JonesIn Matter of Yolanda I. v. Samuel B.TSI WEST 14, INC. v. SAMSON ASSOC.People v. MalikLaudisio v. Diamond D Construction Corp.People v. CorreaIn the Matter of Amanda CPeople v. RedfearnWright v. New York City Transit AuthPeople v. NayyarHollander v. Robert Plan CorporationPeople v. NguyenResciniti v. Fairfax PartnersPeople v. GorovoyPeople v. BennettNguyen v. Prime Residential BronxClaim of Morillo v. SelskyMatter of Randy A.Supensky v. State of New YorkPeople v. BurrisPeople v. HarrisPeople v. McCalvinIn re the Claim of Bellini v. GoordPeople v. HollenquestClemons v. GlicksmanPeople v. SmithPeople v. AffserIn re Michael WIn Matter of Diana M. v. Ralph G.Ligreci v. LigreciIn the Matter of the Claim of ShivpalPeople v. PopeKamen v. Diaz-KamenPeople v. MuñozVon Bing v. MangioneABS Partnership v. AirTran Airways, Inc.People v. BelliardState v. BroccoHuthmacher v. Dunlop Tire Corp.Cantwell v. RyanIn Matter of Carla C.People v. ReynoldsHonzawa v. HonzawaIn Matter of Maria M.Koeth v. KoethMatter of Rowles v. Orsini, Page 1308In re Felix v. D., Citywide Admin. SVCSPeople v. RosarioCity of New York v. Clarendon Natl. Ins. Co.Rubin v. RubinReed v. City of SyracusePeople v. RuizPeople v. ChristianRickard v. Port Authority of N.Y. N.J.504 West 22nd Street Corporation v. ShieldsMoore v. WilliamsWestrick v. County of SteubenPeople v. OrtizPeople v. PorterRousseau v. RochePlastic Decorators v. Whitehall Bus. ArchivesPeople v. ReidPeople v. GallardoPeople v. HankinsPeople v. DeLeonPeople v. WilliamsNoreiga v. SauerhaftPeople v. DiabyPeople v. NewlandQuizhpi v. Tjernlund Products, Inc.People v. MajorPeople v. SchwartzOmair v. Bilgeo Realty Corp.Lewis v. Progressive AgencyBernard v. Heyward Street Holding Corp.Kershaw-York v. WolfingerBeeley v. SpencerTaveras v. City of New YorkIn re Confort v. NicolaiPeople v. OllmanPeople v. MurrayLazard Freres Co. v. WEST* Group Prop.People v. SilasZEIDES v. HEBREW HOME FOR AGED AT RIVERDALERed Apple Child Development v. Chancellor's BoardPeople v. WellsFieldman v. Hospital for Special SurgeryIn Matter of Samuel v. GoodmanIn the Matter of Cameron v. ChurchPeople v. PalmerMatonti v. Lancaster Fire Control DistrictPeople v. PerezSimao v. SmithABRA CONSTR. v. COPPOLA PAVING LANDSCAPINGPeople v. ScottPeople v. VerdejoPeople v. ByfieldIn Matter of Rashied Bequan C.People v. FerraioloIn Matter of Ramel B.Kurzawski v. Elba Central SchoolPeople v. WallaceVivar v. P. Forest Development Corp.In the Matter of Ziemel Jamek-Sha SIn Matter of Perez v. City University of N.Y.Home Insurance Company v. ErdheimPeople v. FloresPedone v. ThippeswamyBarklee Realty Company v. PatakiMuskopf v. MaronHernandez v. FaroneCity Coun., Watervliet v. Town, ColonieCrespo v. CrespoFREDLUND v. DE ROSAIn re Appln., Marcano v. Allstate Ins. Co.Mina v. WeberPevner v. EnslerCupo v. KarfunkelDunbar v. DunbarBest v. Peninsula N.Y. Hotel Mgmt. Inc.In re Patrick v. HernandezLevisohn v. GottliebIn re April S.Steele v. Advantage Federal Credit UnionSantiago v. New York City H.H. Corp.People v. SweeneyIn the Matter of Barnych v. Bd., TrusteesClaim of Booth v. D.V. Gonzalez Construction, Inc.People v. MyersBeebe v. ManfréPeople v. RuizMatter of Doran v. LewisIn re Application of Newsday v. MorgenthauFifty CPW Tenants Corporation v. EpsteinValko v. MaggioPeople v. AcostaPrime Time Holdings v. U.S. Alliance FedPeople v. PerezPeople v. FarrellPickard v. PickardRunning v. GraysonGavillan v. City of New YorkPeople v. DavisPeople v. HardyPeople v. BenlossSakow v. 633 Seafood Restaurant, Inc.People v. SylvesterPeople v. SmithLorino v. MurphyGENERAL PHYSICS CORP. v. EDSCPeople v. PayneIn re Howard v. N.Y.S. Board of ParoleRochester Gas Elec. v. Niagara MohawkIn re Guardianship, Safiya MPeople v. JacksonPeople v. Barbu101 MAIDEN LANE REALTY CO. v. HOMarren v. NathanPeople v. FrancisPeople v. WilliamsGallegos v. Elite Model Management Corp.In Matter of Gregory C. v. Nyree S.People v. CruzPeople v. TorresLiddle, Robinson Shoemaker v. ShoemakerIn re Chanel GPeople v. CalabreseCarparelli Bros. v. Town, New HartfordPeople v. UrenaLee v. Stunt Sportswear USA, Inc.In the Matter of Vidal v. MintzerHeitzman v. Zoning Board of Appeals, Page 1127Matter of A.RGenovese v. GambinoMatter of Yorimar K.-MVillage Mall v. Merrimack Mutual Fire Ins. Co.Nason v. FisherFREDLUND v. DE ROSAProgressive Northwestern Ins. Co. v. WeyantBrown v. City of New YorkBeale v. YepesCounty of Rockland v. KaeyerCook v. FranzMcDermott v. City of AlbanyIn Matter of Rueben Doulphus R.People v. ThaxtonIn Matter of Datasafe, Inc.De Marie & Schoenborn, P.C. v. LoncarPeople v. VazquezPeople v. WardenPeople v. BargerPeople v. ShomoEagle Transfer Corp. v. Greater N.Y. Mut.People v. PiercePeople v. WatsonPeople v. PerezPeople v. EastonPeople v. ShawPeople v. JonesIn re Gallagher v. City of New YorkBota v. Municipal Civil Service CommissionPeople v. WilsonPeople v. PopePeople v. HenryIn Matter of Reid v. New York CityPeople v. ArroyoCity of New York v. Phoenix Sound Inc.People v. NunezPeople v. BoddenYoukelsone v. Federal Nat. Mtg. AssnAlharezi v. SharmaPeople v. OvertonPerkins v. LynchIn Matter of Theodore F. v. Vanessa V.AVJ REALTY CORP. v. N.Y.S. DIV. OF HSG.Johnson v. County of ErieWeinstein v. WeinsteinPeople v. OcasioRogovin v. RogovinPeople v. DiazPopular Financial Services v. LeacockGriffith v. Medical Quadrangle, Inc.People v. FieldsPeople v. PenaTowbin v. City of New YorkPeople v. GoreeHanvey v. Guardian Angels Ch., RochesterMatter of Joshua FAtt. in Violation, Judiciary Law § 468-AHoran v. N.Y. Telephone Co.Brammer v. RicksFa-Shun Ou v. New York City Transit AuthorityBeeley v. SpencerPeople v. HutsonVolpicelli v. New York City Transit AuthorityChatsworth Rlty. 344 v. Hudson WaterfrontBlau v. BlauMorin v. StancuSparaco v. SparacoPeople v. WashburnIn re Dowleyne v. N.Y.C. Transit AuthSmith v. M.V. Woods Construction Co.People v. MobleyMarcano v. City of New YorkGraves v. TrudellCenni v. WiedmanSamala v. SamalaIn the Matter of ReillyGriffith v. Montefiore Medical CenterPeople v. WoullardD'Alessandro v. Eastman Kodak Co.IN MATTER OF MARISSA ROSA M.People v. SalcedoPublic Administrator v. Corona Equipment Co.People v. ChinyoungPeople v. MorganBermeo v. Waldorf Carting Corp.People v. MorelIn the Matter of Alston v. CurtoEyssallem v. EngelIn re Preston SMitler v. Pfizer, Inc.Matter of Sabrina OReid v. DruckmanPeople v. ThomasAzrielant v. AzrielantDONTZIN v. DIGITAL RAIN PARTNERSSmith v. GirolamoIrving v. ElghanayanCzerski v. ClarkPeople v. SangsterPeople v. GarciaElliott v. the City of New YorkGerber v. West Hempstead Convenience, Inc.Inwood Tower, Inc., v. Fireman's FundPeople v. McLeanSamter v. MaggioreBellanger v. RossiLicht v. Trans Care N.Y., Inc.People v. WilsonOstad v. N.Y.S. Dept. of HealthCIT GROUP/COMMERCIAL SERV. v. WEINERFonseca v. BreslinPeople v. SpearmanPeople v. PerezPeople v. LewisPeople v. RobinsonZACK v. 3000 EAST AVENUE CONDOMINIUM ASSOC.YAKO v. TORNAMBEPeople v. CarvalhoPeople v. ScottPatterson v. Kinky Transit, Inc.People v. LiceaEsteva v. CatsimatidisPeople v. WattsGenova v. Regal Marine Industries, Inc.People v. DrumgoRosario WW. v. Ellen WW.People v. SerranoWeller v. MunsonTornheim v. TornheimDoldan v. FennerSchultz v. SchultzPezzi v. O'Brien & Gere, Inc.Weiss v. HotungIn re Marcoccia v. Board of ElectionsRutledge v. Petrocelli Elec. Co.Quinn v. Hillside Development Corp.Claim, De Simone v. Consolidated EdisonPeople v. MaysPeople v. WimesPeople v. RodriguezWright v. BedevianPeople v. CabotMack v. MackPeople v. BrownWVR Real Estate II, LLC v. Town of New Windsor Planning BoardPeople v. JiminezPeople v. PuplampuPeople v. WatersFigueroa v. GoetzCegielski v. SpencerPeople v. RodriguezPeople v. AdamsIn re Ramirez v. N.Y.S. Div. of ParoleIn Matter of Becker v. Centerline Cons. Serv.People v. GuerreroMatter of Sylvia v. NovelloPeople v. LeeRoth v. Syracuse Housing AuthorityPeople v. BellamyPeople v. CarrasquilloGrodzki v. Food First CorporationPascoe v. PascoePeople v. StevensPeople v. WhiteheadIn the Matter of Carl JPeople v. GoldenClark v. SwiezyIn re Varghese v. DiamondIn Matter of Hector R. v. Carema D.Vazquez v. SichelPeople v. JosephPeople v. GomezPeople v. RobinsonPeople v. AugustinePeople v. ChandlerRose v. Associated UniversitiesPeople v. JohnsonIn the Matter of Ziaire MMatter of LeaderMatter of DistefanoMarusevich v. Great Atlantic & Pacific Tea Co.In re Keone JIN MATTER OF ELIZABETH ZY G.People v. DelaneyForrest v. Jewish Guild for the BlindMatter of Barry HPeople v. GulnacCastro v. Delta International Mach. Corp.Parsons Whittemore v. Abady LuttatiPeople v. JenkinsIn the Matter of Angelo v. MarinoPeople v. WaltonEvans v. Fox Trucking Inc.Stejskal v. SimonsScalp Blade, Inc. v. Advest, Inc.People v. HollisLodal, Inc. v. Home Ins. Co.Bellamy v. KaplanIN MATTER OF NISA MARIE B.In the Matter of Nieves v. GirimonteRosen v. CorvalonModell's N.Y. v. Macerich Queens Ctr.Pezzi v. O'Brien & Gere, Inc.People v. D'AntuonoPeople v. CarterIn the Matter of Rayvon Tyrell DPeople v. HugginsPeople v. ByfieldPeople v. GrantPeople v. RiveraIn re Brown v. KeatingMatter of Wall v. GoordMatter of Cherrywood Community, Inc. v. SmithPeople v. MossMendoza v. RubinPeople v. CampbellPeople v. ReyesPeople v. EllisGrimes v. City of New YorkPeople v. HallReyes v. Orient Overseas AssociatesPeople v. ParsonSaleh v. HochbergSantana v. Dongan Gerp. L.L.C.People v. WilliamsAJ CONTRACTING CO. v. FOREST DATACOM SERVICESMuskopf v. MaronMATTER OF JERRY YYSchultz v. SchultzAntonucci v. DavidIn Matter of Stenovich v. WachtellHarris v. City of New YorkPeople v. RossMatter of the Estate of ThompsonMATTER OF DEJA E., Page 1272Ward v. New York City Housing AuthorityPeople v. RamirezFeeney v. KlotzArent Fox Kinter Plotkin Kahn v. LÜIRZERCharron v. PettIn re Claim, Langenmayr v. Syracuse UnivCampbell v. CP PropertiesPeople v. PalmerLesal Assoc. v. Bd. of Managers, DowningIn Matter of Rueben Doulphus R.In Matter of Dumaka Hershey J.D.Laconti v. UrbanSuib v. New York City Board of EducationBiggs v. O'NeillTormey v. Shell Oil CompanyConstitution Realty v. OltarshIn re Rayshawn RHebrew Institute for Deaf & Exceptional Children v. Board of EducationStancavage v. MirmanOlstein v. OlsteinIn the Matter of Eagle Ins., v. BrownPeople v. CruzRombom v. WebermanIn the Matter of Broda v. MonahanPeople v. RomeroSoskin v. ScharffGiglio v. St. Joseph Intercomm. HospIn Matter of Franchesca R.Debell Residential LLC v. YohannesM T Mortgage Corp. v. Alpha and OmegaPeople v. LawrenceIn Matter of Shuford v. TurnerGallo v. USA Waste Management of N.Y.Cunningham v. Horning ConstructionHarzewski v. Centennial Development, Ltd.People v. OllmanPeople v. JacksonPeople v. ChankarPeople v. DigsbyMaracle v. KohnkeBetlem Service Corp. v. KustasRosenberg v. Canetti TroodlerPeople v. SebrinoPeople v. DickeyJimenez v. the City of New YorkPeople v. WattsJefferson County Dept. of S.S. v. Mark L.O.People v. ClarkPEOPLE v. MOYEPeople v. VerdalPeople v. RiceCunningham v. Office Depot, Inc.People v. CepedaTanner v. TundoPeople v. StanleyLe Grand v. TravisPeople v. ArgentieriIn the Matter of Johnson v. JohnsonPeople v. PulleyPeople v. SaundersMatter of Kasandrinos v. City of CanandaiguaReagan-Dailey v. McNicholPeople v. VictorinoPeople v. RomeroIn re A. in Violation, Jud. Law § 468-AS.J. Burnhope v. LabordaElias v. LinderIn the Matter of RichardPeople v. TownsendPeople v. DelgadoSikora v. Merrill Lynch Co.In the Matter of the Claim of Pitts335-7 LLC v. TirelliPeople v. CorkerPeople v. DixonLang v. Hanover Ins. Co.Hendryx v. Johnson Boys Ford-MercuryMatter of Hawkins v. SzczesniakPagano v. MurrayGage v. HammondLeon Petroleum, LLC v. Board of TrusteesPeople v. GuilliardIn re Claim, Bottieri v. Travelers InsHaughton v. T J Elec. Corp.Rijo v. McLaughlinPeople v. BrownIn Matter of Jessica C. v. Esteban B.Highlawn Associates, LLC v. Division of Housing & Community RenewalPEOPLE v. ROATim Q. v. Tasha Q.Waxman v. 241 East 76 Tenants Corp.Sharma v. UdwadiaPeople v. WilliamsPeople v. RomanPeople v. PhillipMasterwear Corp. v. BernardPeople v. GaviriaPeople v. PerezRosewood Prop. Co. v. Bd., AssessmentIn re Perry BPeople v. BogleChase Manhattan Bank v. AXA Reinsurance UK PLCPeople v. BukauskienePeople v. CastilloIn re Dyandria D.Segalla v. Town of AmeniaDime Savings Bank of N.Y. v. GlaveyApplication of Al-Habshi v. DMVPeople v. RidgewayPeople v. TolentinoPeople v. ValienteMorris v. N.Y.C. Employees' Retire. SysMAYI v. 1551 ST. NICHOLAS LLC.Graziano v. Cty. of AlbanyPeople v. PalacioPeople v. JohnsonPeople v. BonesPeople v. HendersonBART v. SEMAPHORE FUNDING, INC.People v. BrownIn re Conte v. KellyNNA RESTAURANT MANAGEMENT LLC v. ESHAGIANPeople v. WelchSIAGHA v. NATIONAL FIRE INS. CO. OF PITTSBURGH, PAIn re Guardianship, Damen MHayes v. Normandie LLCMatter of WillbernCruz v. HSS Properties Corp.Campos v. SarroSimons v. RossSkelly v. Sachem Central School DistPeople v. ZimmermanHarriman Estates Dev., v. Gen. Acc. Ins. Co.In Matter of Shania Tatiara A.MATTER OF JILLANA C.In Matter of Anwar M.Matter of the Estate of McCloskeyPeople v. KellyHellenbrecht v. RadekerDromgoole v. T-Foots, Inc.Picarello v. ZilbermanIn re Jordan v. Liberty Mutual Fire Ins. Co.Tulovic v. Chase Manhattan BankIn re Groff v. KellyMerrill Lynch v. BenjaminN. Union Fire Ins. v. Pembrooke HoldingsMinerals Tech. Inc. v. Pfizer Inc.White v. New York City Housing Auth.Est., Morgan v. Whitestown Am. LegionStricos v. StricosIngles v. City of New YorkU.S. Bank Nat. Assn. v. HolmesPeople v. SantosIn re Tricon Global Restr., v. CurranPeople v. DavisIn re Maurice JPeople v. WoodsonPeople v. ThompsonD'Amelio v. Tishman Construction Corp. of N.Y.James v. City of OleanPeople v. GardinePeople v. GrantPeople v. ParksIn the Matter of Alonso v. HarveyTrinidad v. LantiguaPeople v. KolvinskyPeople v. A.S. Goldmen Co., Inc.PEOPLE v. DELKPeople v. RodriguezRailton v. Lipshitz VogelIn Matter of Shawna L. v. William B.American Alliance Insurance v. Eagle Insurance Co.Brown v. N.Y.C. Health Hospitals Corp.In re Townes v. SelskyPeople v. ValezMATTER OF ISAAC H.Seligman v. Simon Shuster, Inc.In Matter of Consilvio v. B.People v. RosarioSimao v. SmithChang v. BotsacosPeople v. SaffordPeople v. BurnettMatter of Fleckenstein v. Town, PorterPeople v. RailyConsolidated Edison Co. v. General Accident Ins.People v. WatsonPeople v. BonannoCyril v. Neighborhood Partnership Housing Fund, Inc.Cegielski v. Spencer, Page 1295Matter of DixonMatter of Butti v. GoordPeople v. FebresPeople v. StranieroPeople v. LopezFreni v. Eastbridge Landing Associates LPPapoutsis v. NOV Trans. Corp.People v. NicometoLugo v. H.B.T. Housing Co.In re Application of ToussaintIn the Matter of Taylor v. LumbaBrenkus v. Metropolitan Life Ins. Co.Matter of Daniels v. DanielsIn Matter of HawthorneFried v. Carlucci LegumPeople v. Lynch