The instant appeal provides us with an occasion to discuss in detail the “reasonable certainty” evidentiary standard of CPLR 4545 (c) that governs collateral source hearings, as decisional authority on the subject is sparse. During the early morning hours of a rainy January 13, 1995, the plaintiff MK was…
The question presented is whether a child born out of wedlock, who is adopted out of his biological family at birth, is entitled to a share of a trust estate devised by his biological grandmother to her daughter’s issue. The Surrogate’s Court entered a decree in the child’s favor,…
The decedent a bachelor, died on November 9, 1918, at the age of 75. His only near relatives living at the time of his death were his sister, and her descendants. There were no other kinsmen of nearer relationship than second cousin one degree removed. The decedent stated in…
That upon the following papers numbered 1 to 41 read on these motions for intervention and preliminary injunction; Order to Show Cause and supporting papers 1-10: 11-20 ; Notice of Cross Motion and supporting papers ; Answering Affidavits and supporting papers 21 – 37 ; Replying Affidavits and supporting…
This is an application pursuant to Section 460 of the Family Court Act for an order directing the entry of a money judgment in the sum of Three Thousand Three Hundred Twenty ($3,320.00) Dollars, plus costs, on arrears reserved generally by this Court on August 12, 1974. Petitioner filed…
In this family case, defendant moves this Court for an order, pursuant to Criminal Procedure Law § 170.30(1)(f), dismissing the charge of Assault in the Third Degree on the grounds that there exists a legal impediment to conviction. The Complainant executed a misdemeanor information on December 8, 1990, alleging that…
This private placement adoption action presents a number of intertwined legal issues that highlight the shortcomings of the private placement adoption statutes in New York State. The infant who is the subject of the case has now been in the home of the petitioners since February 21, 1998 without…
It has been observed by our court that “the natural right of visitation jointly enjoyed by the noncustodial parent and the child is more precious than any property right” and that “the best interests of the child would be furthered by the child being nurtured and guided by both…
In this action, plaintiff is seeking to foreclose on a consolidated mortgage dated November 15, 1988 given by it to East Coast and encumbering the property located at 1078-1080 Utica Avenue in Brooklyn. By deed dated August 15, 2007, East Coast sold the mortgaged property to 1080. During oral…
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment dismissing the complaint. A New York Family Lawyer said that the plaintiffs are members of an extended family who resided together…