Garcia v. Davis, 53 A.D.3d 525 (2008)
N/AOUTCOME: Settled before trial.
Connecticut dealer was estopped from denying ownership of vehicle involved in accident in New York. Even though vehicle was sold, it still had dealership plates affixed.
Brewster, NY
Personal injury Lawyer at Brewster, NY
Practice Areas: Personal Injury, Employment & Labor ... +2 more
OUTCOME: Settled before trial.
Connecticut dealer was estopped from denying ownership of vehicle involved in accident in New York. Even though vehicle was sold, it still had dealership plates affixed.
OUTCOME: Judgment reversed, ZBA determination reinstated.
Appeal from Supreme Court's annulment of a determination of the Zoning Board of Appeals which granted an area variance.
OUTCOME: Reversed. Complaint Dismissed.
Appeal from judgment after a nonjury trial in which court awarded realtor one-half of claimed real estate commission despite buyer and seller not having an agreement as to the material terms of a sale. ...
OUTCOME: Order affirmed. Venue of case is Putnam County.
Plaintiff attempted to file a personal injury action in Bronx County, where the accident occurred, instead of a county where one of the parties resided. After we successfully moved to transfer venue to ... Putnam County (and plaintiff's cross-motion to transfer venue to NY County was denied), plaintiff appealed.
OUTCOME: Affirmed. Complaint dismissed.
Plaintiff appealed from an order granting our motion to dismiss the complaint which, among other things, sought to impose a constructive trust on a townhouse condominium. Plaintiff failed to establish ... that there was a legally cognizable "transfer in reliance" made, or that the defendants were "unjustly enriched."
OUTCOME: Judgment reversed, accusatory instrument dismissed.
Appeal from a judgment of conviction for endangering the welfare of a child after trial. At the trial, the People established that the defendant left children unattended in a motor vehicle but there w ... as no evidence of what the likelihood of harm was, or that defendant was aware of the likelihood such harm could occur.