Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,022 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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18
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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33
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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39
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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42
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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48
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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72
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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75
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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99
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › misc › Volume 188 Opinions in misc, volume 188
Gossin v. Gossin Page 1 This is an action for divorce, or in the alternative, for a separation.… Eelator, Frank W. Ostwald, after indictment by a Eensselaer County Grand Jury was placed on trial and convicted by a jury in Eensselaer County Court on October 4, 1945, of the crime of culpable negligence, violation of section 1053-a of the Penal Law.… People v. Baldwin Page 11 The defendant was charged in the City Court of Oneonta with two violations of section 180 of the Labor Law.… Schutrum v. Horton Page 13 This is a motion made by the defendants under the provisions of subdivision 2 of section 193 of the Civil Practice Act to bring in as a defendant Bertha Kies, claiming that she is liable over in this suit for specific performance of a land sales contract for the sale to the plaintiffs of property belonging to the… Spelman v. Spelman Page 16 The marriage between the parties to this action was dissolved pursuant to subdivision 5 of section 7 of the Domestic Relations Law, because of the defendant’s incurable insanity.… The stipulation shows that the defendant operated a laundry in Jersey City, New Jersey, employing about 1.25 persons; that it was engaged in the business of laundering linens, hoovers, aprons, restaurant uniforms and other washable materials chiefly used by restaurants, hotels, clubs and similar establishments; that… People v. Remson Page 21 Defendants are charged with the offense of disorderly conduct in violation of subdivision 2 of section 722 of the Penal Law.… The plaintiff lost, by theft, certain costume jewelry which was contained in some luggage which reposed in an automobile.… People v. Flang Page 26 The defendant has been convicted in the City Court of the City of Norwich of the crime of disorderly conduct in violation of section 722 of the Penal Law of the State of New York.… Washington v. Wright Page 28 In this action, plaintiffs seek an injunction against Bishop Wright, a bishop of the African Methodist Episcopal Church (hereinafter called the “ Church ”), from acting as the presiding bishop over the New York Annual Conference of that Church.… In re the Estate of Klein Page 34 This is a proceeding pursuant to article 13 of the Surrogate’s Court Act instituted by petitioner, Mary K.… This is the return of a writ of habeas corpus.… On May 16, 1946, the Public Service Commission made an order which required the Rochester Gas and Electric Corporation to reduce its utility plants account by $1,883,556.25 and to transfer some of this amount to its surplus account; some of it to other asset accounts, and some of it to its depreciation reserve.… This motion seeks to dismiss the complaint as insufficient or in the alternative to strike various allegations from the pleading or to compel the separate statement and numbering of distinct causes of action.… Lipka v. Walker Page 44 Memorandum There was no evidence of a hiring for a definite period.… Davids v. Sillcox Page 45 The respondent Authors’ Guild is a division of the Authors’ League of America, a membership corporation.… In re the Estate of Gallatin Page 54 The executor appeals from the pro forma taxing order based upon the appraiser’s report.… Conroy v. Erie Railroad Page 59 Motion by plaintiff for a preference. Defendant opposes the application solely on the ground that neither the plaintiff nor the defendant is a resident of Kings County.… In this proceeding the remaining executor — the Guaranty Trust Company of New York — seeks the judicial settlement of its account for transactions in the period from May 31, 1938, to and including September 15, 1942.… This ease requires an examination again of that delicate problem which has had so long and controverted a history in the New York courts: When, in a railroad crossing accident, the issue of contributory negligence of the deceased is to be left open for the determination of the jury.… Oakes v. Schinasi Page 78 Plaintiff alleges that the owner of an apartment building agreed to accept him as a tenant of an apartment therein if defendant would surrender and cancel her existing lease thereof, which was for a term extending from October 1, 1945, to September 30, 1946; that defendant required plaintiff to purchase certain… Levy v. Hinrichsen Page 79 The defendants move for an order dismissing the complaint, pursuant to subdivision 8 of rule 107 of the Buies of Civil Practice, on the ground that the agreement alleged therein is unenforcible under the Statute of Frauds, and, pursuant to subdivision 5 of rule 106 of the Buies of Civil Practice, on the ground that… Meketa v. Stone Page 81 Defendants move for summary judgment. The action seeks recovery of damages for breach of covenant of quiet enjoyment.… Kruger v. Graubard Page 82 Memorandum The premises were rented primarily for business purposes.… Manzari v. Vitale Page 84 Memorandum The Office of Price Administration certificate was issued in accordance with the regulation.… Byrnes v. City of New York Page 85 Plaintiff did not serve.a notice of intention to sue upon the Corporation Counsel, as required by chapter 572 of the Laws of 1886, as amended by chapter 484 of the Laws of 1933, and by chapter 588 of the Laws of 1936, effective September 1, 1936, now subdivision c of section 394a-1.0 of the Administrative Code of the… Bentz v. Bentz Page 86 After twelve years of married life plaintiff brings this action to annul his marriage with defendant upon the ground of fraud.… Evidence is lacking of the damage suffered by plaintiff.… Armour Realty Corp. v. Ehrlich Page 90 Memorandum The proof presented by the land- ^ lord at the trial, showing the purposes for which the premises were to be used, was the same as that submitted to the Office of Price Administration, upon which it issued its certificate.… 130 West 57 Corp. v. Hyman Page 92 The landlord instituted summary proceedings to remove the tenant from her apartment on the ground that she violated a substantial obligation of the lease in subletting the apartment without obtaining the landlord’s consent.… Erdenbrecher v. Erdenbrecher Page 94 The intervening defendant, James W. Kelleher, moves to examine the defendant Charles Q-.… Blake v. Salmonson Page 97 This in an action in negligence arising out of an unusual set óf circumstances.… Minnier v. Minnier Page 100 The plaintiff has applied to the court for an order directing entry of judgment for arrears of alimony pro*101vided in the decree pursuant to section 1171-b of the Civil Practice Act.… American League Baseball .Club of New York,' Inc., owner of the professional baseball team commonly known as the NeAv York Yankees, brings this action to enjoin defendants from inducing baseball players employed by plaintiff to breach or repudiate their contracts of employment.… Curtis v. American Surety Co. Page 107 This is a motion to set aside an order granted by this court on April' 22, 1945, granting leave to Lena Curtis to commence and prosecute an action on bonds of Harry H.… Defendant moves to dismiss, as insufficient upon its face, a complaint which alleges: Negligent acts of defendant caused an employee of a tenant of defendant to sustain on July 27,1944, personal injuries from which such employee died on the same day; that tenant had insured its liability to its employees under a… Stuart v. Trihas Page 116 Defendants, as clients, had the right to terminate plaintiffs’ services, as attorneys, for any reason they saw fit and thereupon plaintiffs were entitled to recover only a sum equal to the reasonable value of the work performed up to the time of discharge, determinable solely on the basis of quantum meruit (Martin v.… Jacobs v. Stoll Page 117 We hold that the emergency rent control statute, and more pertinently the parts attacked by tenant-respondent, to be constitutional and that such attacked parts do not violate the Fourteenth Amendment of the Constitution of the United States or sections 6 and 11, or either section, of article I of the Constitution of… Connor v. State Page 120 The motion for leave to reargue is granted and, upon reargument, the original decision is adhered to.… Paragon Realty Corp. v. Sagal Page 122 The statement was not filed within the time provided by section 543 of the Civil Practice Act.… Ross v. Syracuse Transit Corp. Page 123 These áre two actions to recover damages suffered by reason of the collision of a bus owned by the Syracuse Transit Corporation and an automobile owned by the defendant Anthony Gidari.… Hubner v. Hubner Page 125 Plaintiff seeks an annulment on the ground that before the marriage the defendant fraudulently represented that she would marry him in a second religious ceremony.… People v. Levine Page 127 The defendant Levine moves to dismiss the indictment.… People v. Ezon Page 128 The defendant herein has been convicted of two infractions under Order No. 18 of the New York State War Council in that on March 22,1946, and March 25,1946, he failed and refused to keep available for examination by the Office of Price Administration the records required to be maintained pursuant to section' 17 of… People v. McCarthy Page 132 The defendant has been indicted by the Grand Jury of Oneida County charged with a violation of section 1825 of the Penal Law.… People v. Kugelman Page 135 Defendants appeal from judgments of conviction rendered in the War Emergency Court of the City Magistrate’s Court of the City of New York.… The Superintendent of Banks applies for an order authorizing him to pay over to the Alien Property Custodian certain funds which the superintendent holds as liquidator of the New York agency of the Yokohama Specie.Bank.… People ex rel. Liezert v. Foster Page 142 A writ of habeas corpus having been issued out of this court on the petition of the relator, a hearing was held for the purpose of inquiring into the cause of relator’s imprisonment.… In re the Estate of Slote Page 144 By decree of August 11,1921, judicially settling the executor’s final account, a judgment obtained by one Thalheim, now deceased, against the testatrix was held to be a preferred claim but subordinate to a judgment in favor of one Borne.… Plaintiff has .the distribution rights of a motion picture entitled “ The Outlaw ”.… Curley v. Ruppert Page 148 The action was to recover damages for personal injuries sustained by the plaintiff, resulting from the explosion of a bottle of beer.… Burtman v. State Page 153 Claim has been filed to recover damages for the wrongful death of the decedent and for personal injuries, pain and suffering sustained by him prior to his death occasioned through the negligence of the State of New York in permitting its ward to escape.… Carter v. Carter Page 156 The motion for examination before trial of defendant is granted and the defendant is directed to attend for examination as to the four items set forth in the notice of motion at Special Term, Part II, on November 18, 1946, at 2:00 p.m.… In re the Estate of Stevenson Page 159 The decedent died a resident of Washington County on November 8, 1945, at the age of sixty-eight years.… In re the Will of Wellbrock Page 161 Construction of the will is requested to determine whether the remainder of the trust created for the benefit of the testator’s daughter “ Mena ”, which has terminated by her death, is distributable to her issue per stirpes or per capita.… In re Larchmont Gables, Inc. Page 164 This is an application to vacate and discharge certain hospital liens filed by the Mount Vernon Hospital because of the refusal of the hospital to permit the examination of its records as to the treatment, care and maintenance of a patient in accordance with the provisions of subdivision 5 of section 189 of the Lien… McHale v. McHale Page 165 Plaintiff, prior to his marriage to defendant on October 19, 1929, was an adherent of the Catholic faith.… Simon v. Mayer Page 166 There was evidence tending to show that the landlord sought “ in good faith not to offer the room for rent ” *167within the meaning of paragraph (5) of subdivision (a) oí section 6 of.the Bent Eegulation for Hotels and Booming Houses in the Hew York City Defense-Bental Area .(10 Federal Begister 324, 328).… Canzano v. Hanley Page 167 This is an application by Gabrielle Canzano to review a determination of the Zoning Board of Appeals of the City of Rochester made on March 28, 1946, permitting certain additions and alterations to a restaurant which adjoins petitioner’s premises.… In re the Accounting of O'Connor Page 170 This is .a proceeding for the judicial settlement of the accounts of a trustee of an express trust, brought pursuant to article 79 of the Civil Practice Act.… Poste v. Barrett Page 172 The motion is to compel the execution and delivery of an assignment of a mortgage on real property on which the plaintiff, as mortgagee, seeks foreclosure in the pending action.… special guardian of the children of Lynn Wentworth.… Motion for judgment.on the pleadings is granted in favor of defendant.… Motion is made to vacate an arbitration award on the ground that it was not made and signed by a majority of the arbitrators.… Roth v. Hotel Riverside Plaza, Inc. Page 180 Memobahdum Plaintiff was admittedly indebted to defendant for unpaid rent and it had the right to retain possession of any property stored with it until the debt was paid (Lien Law, § 181).… People ex rel. Thornton v. Becker Page 181 A writ of habeas corpus was issued herein upon the petition of James Thornton.… Borgstedt v. Borgstedt Page 183 Plaintiff wife moves to reargue a motion to confirm the report of the official referee and for an interlocutory decree of annulment.… Boynton v. Bassford Page 188 Memorandum The landlord was prevented by the rent regulation from commencing summary proceedings for several months after the expiration date specified in his notice of termination.… Bateman v. Marsh Page 189 Three proceedings, each seeking relief formerly obtainable by mandamus, have been consolidated into one.… Heide v. Glidden Buick Corp. Page 198 Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time.… Dreiblatt v. Taylor Page 199 Memorandum Under the circumstances disclosed by the record here, the evidence that plaintiffs’ automobile was watched from the front window of an apartment on the first floor of an apartment house before which it was parked, does not show attendance of the vehicle within the intent of the policy excluding “ loss of… Berler v. Grossman Page 201 Memorandum Although there was no affirmative defense of lack or failure of consideration for the negotiable *202instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the… The papers show a proper case for joint trial in these thirty-eight summary proceedings.… Turk v. B. Jakobsons & Son, Inc. Page 203 The petition contains an allegation that respondent is the landlord; that he rented the described premises to the tenant; that the term of the tenancy has expired and that the tenant holds over and continues in possession, after such expiration, without the landlord’s permission.… Plaintiff is a domestic corporation. The City of New York (hereinafter called the City) is a domestic municipal corporation.… Order affirmed, with $10 costs. Concur; Hammer, Shtentaq and Heoht, JJ. Smiling Lady Corp. v. Rosenthal Page 214 Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ. Skakandy v. State Page 214 This is an application by the above-named proposed claimants made under subdivision 5 of section 10 of the Court of Claims Act (L.… Albers v. Suisse Page 229 Plaintiff sues the defendant bank for its failure to return to him certain bonds which he had entrusted to it for safekeeping.… Zipser v. Dumars Page 237 Motion to change place of trial from the county of New York to the county of Nassau is denied.… Siegel v. Gottlieb Page 238 This is a proceeding instituted by the landlord for nonpayment of rent in the sum of $125 for the month of January, 1947.… Goodman v. Henry Caplan, Inc. Page 242 Defendant moves herein for an order dismissing the complaint pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice in that the complaint fails to state facts sufficient to constitute a cause of action.… Stewart v. Stewart Page 243 Plaintiff wife sues for divorce. The parties met in 1935.… This action, in substance, is to compel specific performance of either an oral contract or an implied contract whereby defendant Hefele undertook and agreed to assign to plaintiff’s predecessor any right which he might have in certain inventions perfected by him.… Plaintiff sues to recover on a bond. The bond was given by defendant in 1931 and secured by a second mortgage on real property.… Dannenberg v. L. Leopold & Co. Page 250 By the service of the third party subpoena upon the City of New York the judgment creditor acquired a lien upon the fund held by the city (Matter of Wickwire Spencer St. Co. v. Kemkit Sci.… In re Tudisco Page 254 On this application to fix reasonable rent, there is presented to the court for signáture an order purporting to fix such rent for commercial space of premises known as 216 Conover Street, Borough of Brooklyn.… Grossman v. City of New York Page 256 Plaintiffs allege that in 1945 and 1946 McGarry Transportation Corp., Inc., performed for the City of New York, under Contract BMT 24323, Order E8251, work, labor and services of the agreed price and reasonable value of $3,296.07; that on or about February 1, 1945, McGarry assigned to them all moneys then due -and… Schacher v. G. Taus & Sons, Inc. Page 259 Application by Edward Schacher, as stockholder of the respondent, Gr.… Hoffman v. Brown Page 262 This action originally was brought against the Bowery Savings Bank to recover a balance on deposit therein *263to the credit of the above-named decedent which, during his lifetime, he had assigned to the plaintiffs.… In an action brought to recover disability bene-, fits and for the return of premiums paid, the defendant has challenged the sufficiency of each of the four causes of action asserted by the plaintiff.… David v. Billor Page 267 The lienor urges that its lien with respect to the services rendered on behalf of the infant plaintiff may be determined and fixed only by plenary suit.… Wright v. Wright Page 268 This is a summary proceeding, not by a landlord against a tenant, but by a wife against her husband, after she has obtained a decree of separation, to evict him as an intruder or squatter from the residence property at No. 210 Rowland Street in the city of Syracuse, New York, owned by the wife, petitioner, which the… Venditti v. City of New York Page 271 The denial of the plaintiffs’ motion to amend was error.… Federman v. Federman Page 272 Defendant moves to dismiss the complaint under subdivision 5 of rule 107 of the Rules of Civil Practice on the ground that there is a final determination rendered on the merits determining the same cause of action stated in the complaint.… 1780 Broadway Corp. v. Stoutenburgh Page 274 This is a proceeding in which the landlord seeks to recover possession of business premises on the ground that the tenant is holding over after default in the payment of rent.… This is an action for a declaratory judgment pursuant to section 473 of the Civil Practice Act.… Gulf v. City of New York Page 279 Plaintiff moved to dismiss the partial affirmative defense as insufficient in law.… Greenbaum v. Greenbaum Page 280 Plaintiff sues to recover possession of certain United States bonds and moneys which he claims to have turned over to defendant and which she agreed to hold for him.… Monarch Sales Co. v. Vollmer Page 281 This proceeding is brought pursuant to section 696 of the Civil Practice Act, to determine the title to personal property levied upon by the Sheriff of Nassau County under an execution upon a judgment recovered by petitioner.… Torre v. Heffernan Page 284 This is an application by A. Albert Torre for an order to restore the designating petition heretofore filed in the office of the Board of Elections designating him as a candidate for nomination for the office of State Senator in the 13th Senatorial District.… Ditmars Homes, Inc. v. Logerfo Page 286 In this summary proceeding, the corporate owner, Ditmars Homes, Inc., seeks to recover the apartment of Joseph Logerfo and his family in a multiple dwelling at 94-10 64th Road, Forest Hills, Queens, for occupancy by David Wolfensen and his wife, who are allegedly the owners of all of the stock of the corporation… Filer v. Weisser Page 288 This is an action by the plaintiff, as a taxpayer of, and real property owner in the village of Great Neck Estates, Inc., in the town of North Hempstead, county of Nassau, State of New York, against the Board of Trustees and Acting Sewer Commissioners of that village, for a judgment declaring a certain assessment and… People v. Soreca Page 293 The appeal herein is from a judgment of the Chief City Magistrate rendered October 11,1946, whereby appellant was sentenced to a term of six months in the workhouse after a plea of guilty to disorderly conduct before a City Magistrate.… A motion has been made by the defendant County of Erie, hereinafter referred to as “ county ”, for an order dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action and for a judgment on the counterclaim of the county granting the relief herein demanded.… In re Flushing Asphalt Corp. Page 304 Application, pursuant to subdivision 7 of section 21 of the Lien Law, for an order summarily discharging a mechanic’s lien filed by the respondent Carberry on September 19, 1946, in the offices of the President of the Borough of Queens and the Treasurer of the City of New York for the sum of $12,000 against funds due… In this habeas corpus proceeding, relator contests extradition to the State of New Jersey.… Kemp v. Rubin Page 310 In 1939 eighteen owners of real property on 177th Street between 112th and 114th Avenue, in the Addisleigh section of St. Albans, Queens County, executed a restrictive covenant' reciting ‘ ‘ that no part of the land now owned by the parties hereto * * * shall ever be used or occupied, or sold, conveyed, leased, rented… Thompson v. Waller Page 316 Memorandum The so-called binder by its very terms was conditional, and there was therefore no meeting of the minds of the sellers and proposed purchaser.… The separate and distinct cause of action of the complaint is factually inadequate and the motion to dismiss it should be granted for that reason.… The petitioners above named have brought a mandamus proceeding to compel the Housing Authority for the City of Yonkers to recognize and seat them as members.… Stauble v. Kinzelberg Page 321 Memorandum The action is for alleged tort.… Taconic Inn Corp. v. Holsapple Page 322 The complaint demands judgment for a sum of money.… Galbord v. Buono Page 324 Plaintiff and defendant each move for summary judgment.… Vanilla v. Moran Page 325 Plaintiff has instituted this action against Thomas E.… Memorandum The court below was warranted in concluding that the landlord did not prove that it sought in good faith to recover possession of the premises for its own immediate and personal use.… In re the Accounting of Kandler Page 340 This is a motion made by the brother of the decedent for leave to file amended and supplemental objections to the account of the administratrix.… The appeals herein are from judgments of conviction against the appellant Railway Express Agency, Inc., and thirteen individual appellants for violations of section 124 of the Traffic Regulations of the City of New York.… Iran v. Yokohama Specie Bank, Ltd. Page 346 Plaintiff, an Iranian bank, brings this action against a Japanese bank and against the Superintendent of Banks who is engaged in liquidating the business of the Japanese bank in this State.… Plaintiff moves to strike out the amended answer of defendant on the ground that it is not verified by an officer of the board of trustees of the defendant.… People v. Casey Page 352 This is a motion to set aside the verdict of a jury and for the dismissal of the information and for the discharge of the defendant.… National Surety Corp. v. Toale Page 359 The defendant was employed by the Burche Company from July 12, 1939, to October 31,1939, in the capacity of an accountant or controller.… People v. Shapiro Page 363 The defendant herein, presently serving a term of fifteen years to life in State prison upon his conviction for extortion in 1943, seeks in the form of a writ of error coram nobis, to set aside a prior judgment of conviction entered against him in this court in 1918.… Rolfe v. Walker Page 367 The action is to foreclose a bond and mortgage made July 23,1926, due in eight years from said date, viz., July 23, 1934.… Ginsburg v. Kingston Savings Bank Page 370 On this motion and cross motion for summary judgment, the question presented involves the construction and application of section 1077-cc of the Civil Practice Act, which, so far as material, provides that the rate of interest upon any bond, extension agreement, or other evidence of indebtedness, shall not be… Janks v. Braveman Page 373 This is a motion for an order removing a summary proceeding to recover possession of real property from the Municipal Court of the City of Syracuse to the Supreme Court.… County of Lewis v. Town of Diana Page 376 The defendant has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice.… Harris Motors, Inc. v. Klapp Page 378 Petitioners are charged in a City Magistrate’s Court with an offense against section U41-4.0 of the Administrative Code of the City of New York, known as the Sharkey Act, in selling an automobile over Office of Price Administration “ ceiling ” price.… Adams v. Adams Page 381 In this action for divorce brought by the plaintiff wife, I have no difficulty in concluding that the defendant was guilty of the misconduct alleged to have occurred in the month of March, 1946.… Motion for summary judgment dismissing the complaint by defendant, Union Parts Manufacturing-'Co., Inc., is denied.… People v. Fruci Page 384 Defendant moves to set aside the verdict of a jury convicting the defendant of the crime of assault in the third degree and to dismiss the information and discharge the defendant on the grounds, (1) that the information is defective because it fails to employ the words, “ willfully and intentionally ” in describing… Stephens v. Carney Page 387 This is a summary proceeding commenced in October, 1946, by the landlord to obtain possession of real property for his own use.… Talley v. Lamb Page 389 It appears from the papers submitted that what the defendant is really seeking on the present application is to examine the plaintiff prior to the service of a counterclaim in order to ascertain ivhether or not the defendant possesses a good cause of action against the plaintiff.… The referee has reported upon the several questions referred.… This is a motion at Special Term for a judgment on the pleadings by the plaintiffs insofar as the first cause of action alleged in the complaint is concerned.… Kaplan v. Kaplan Page 397 This is a motion to vacate an order entered herein heretofore after trial by a justice of this court requiring the respondent to provide maintenance and support for Ms wife, the petitioner herein.… Fleischer v. Fleischer Page 402 TMs is a motion for temporary alimony and counsel fees in a divorce action.… This is a proceeding brought by the New York County Lawyers’ Association charging that the respondent, Bernard Bercu, a certified public accountant, is engaged in the unlawful practice of the law.… Flynn v. Ensign Ribbon Burners, Inc. Page 422 The proceeding is brought under article 78 of the Civil Practice Act to compel reinstatement of petitioner as a director of a domestic stock corporation, from which office, Ms petition alleges, he was illegally removed before the expiration of his term of office.… Wynn v. Wynn Page 425 Defendant moves to dismiss the complaint under rule 106 of the Eules of Civil Practice, on the ground that it does not state facts sufficient to constitute a cause of action.… Cohen v. Rosenstock Motors, Inc. Page 426 This action is by the purchaser for specific performance of a contract of sale of a new motor car.… In re the Will of Troicke Page 427 On this will construction proceeding it appears that the testator had three brothers and one sister; and that *429the testator and his sister had objections to marriage on the part of themselves and their brothers.… The action was to recover two months’ rent of premises to be used as a milk depot.… Lane v. Lane Page 435 Defendant and Jack Brannstein were married on November 30, 1926.… This is a motion by defendant to dismiss the complaint in which plaintiff seeks a declaratory judgment reforming a lease agreement entered into between the parties and declaring the termination date of said lease to be April 30, 1947.… In re the Accounting of Roth Page 441 The primary question presented in this accounting proceeding by the legal representatives of a deceased trustee is whether certain stock in a close corporation comprising the remainder of a trust for the benefit of a daughter, now deceased, must be distributed among the legal representatives of the estates of five… In re C. I. C. Operating Corp. Page 444 Heretofore and on December 7, 1946, this court made an order in this proceeding to determine and fix a reasonable rent for the space occupied by one Archie Turner, tenant of premises comprising virtually an entire block between Bridge *445Plaza North and 41st Avenue, 22d and 23d Streets, Long Island City, Queens… H. R. H. Manufacturing Co. v. Dennis Page 446 This is one of three cases in' which these three landlord corporations, owners of building 37-41 East 18th Street were granted a final order against each of three tenants on the ground (Commercial Bent Law, § 8, subd.… Levy v. Lampert Page 448 Motions numbers 17 and 18 of September 11,1946, have been consolidated.… Motion to dismiss the complaint as insufficient is denied.… Toms v. Toms Page 451 Plaintiff moves for summary judgment (Rules Civ.… Slade v. Louis Hornick Co. Page 455 This summary proceeding for the recovery of rented commercial.… Wascin v. Bronx Towing Line, Inc. Page 462 Plaintiffs, the owners of a boatyard on Westchester Creek, sne to recover for damage to a landing stage and a pontoon float moored in the creek off their yard.… This is an action under the J ones Act (Merchant Marine Act of 1920, § 33; U.… In re Millington Page 469 This is a motion for an order directing the cancellation of record of a judgment in the sum of $3,225 recovered in the Supreme Court of the County of Erie on December 6, 1939, a transcript of which judgment was filed in the Onondaga County Clerk’s Office on December 23,1939.… People v. Hosier Page 474 This is an appeal from the judgment and order rendered by a Justice of the Peace of the Town of Mamakating, Sullivan County, New York, on or about July 9, 1945, holding that the defendant is a disorderly person in that he failed and *475neglected to provide for Ms wife according to Ms means.… Scholick v. Fifth Avenue Coach Co. Page 476 This suit was commenced by indorsement on the summons.… Plaintiff, an eminent conductor of a world-renowned symphony orchestra, and an outstanding international figure in the field of music, who earns substantial sums of money from his various musical activities, seeks to enjoin the publication of a book purporting to be his biography, for which he had refused… Schechter v. Weiss Page 487 There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs.… People v. 20 East 74th Street Corp. Page 488 The State of New York by a safety inspector of the Department of Labor, has charged the codefendants herein with thirteen violations of section 241-a of the Labor Law and rules 23-8.7 and 23-8.8 of the Industrial Code (3 Official Compilation of Codes, Rules and Regulations of State of New York, p.… Yates v. Fagan Page 496 Petitioner applies, by petition and notice of motion to the City of New York only, for an order canceling and discharging of record in the Tax Office of the County of Queens, certain tax certificates and tax leases.… Kristel v. Steinberg Page 500 On this motion by tenants to vacate a final order made February 8, 1946, upon the consent of the tenants contained in a written stipulation entered into between the respective parties and their attorneys on February 4, 1946, which stipulation also contained a consent by the landlords to a stay of the execution of the… Hecht Co. v. Kuerner Page 519 The landlord instituted this summary proceeding against the tenant on April 2, 1946, to obtain possession of the premises for its own use.… Thos. Cook & Son, Inc. v. Bell Page 523 This is a motion by the defendant Superintendent of Banks for an order dismissing the complaint under rules 106 and 107 of the Buies of Civil Practice on the theory that the action was not brought within the six-month period specified in section 625 [subd.… In re the Estate of Cooper Page 526 This is an appeal by the State Tax Commission from the pro forma order of February 15, 1946, fixing the estate tax on the appraiser’s report.… Menchillo v. Menchillo Page 528 Plaintiff brought an action for separation against the defendant in 1944.… White v. State Page 530 This is a motion for an order dismissing the claim herein on the grounds (a) that claimant does not have legal capacity to institute or prosecute the said claim against the State of New York; (b) that this court does not have jurisdiction to hear or determine the said claim; (c) that the said claim fails to state… Hunt v. Hart Page 534 The tenancy in this proceeding is one from month to month or a tenancy for an indefinite period.… Manasse v. Heine & Co. Page 535 Pursuant to an agreement, made in France, between the parties hereto, there was submitted to arbitration a controversy in connection with an alleged breach of contract.… Marino v. Glassman Page 536 Plaintiff is defendant’s tenant and in a summary proceeding against him a final order was granted in favor of this defendant who was the petitioner in that proceeding.… Austin v. Gardiner Page 538 This motion to dismiss the complaint is disposed of as follows: (1) Section 61 of the General Corporation Law requires that in a derivative stockholder’s action “ it must be made to appear that the plaintiff was a stockholder at the time of the transaction of which he complains * * A proper compliance with the… Zirinsky v. Pesce Page 539 Motion by judgment creditor, under section 794 of the Civil Practice Act, to direct a third party to pay over to the creditor, moneys alleged to be due to the judgment debtor.… Sabatino v. Sabatino Page 542 This motion by plaintiff to further modify the final decree, due to changed conditions, by increasing the amount of alimony, referred by Mr. Justice Hallinan, is granted and amount is fixed at $24.01, being one half of defendant’s net income.… In this probate proceeding the contestant has raised the issue of undue influence as well as of due execution and competency.… The plaintiff, in the business of shoring and underpinning buildings, was employed by the defendant, Westorman, to shore two buildings which had become insecure by *547the collapse of a third building that had been standing between them.… Friedman v. Riley Hogan Co. Page 548 This court granted permission to appeal. The jury waiver provision in the lease carried over into the statutory tenancy (130 West 57 Corp. v. Hyman, 188 Misc.… The petitioning board instituted a proceeding to compel the defendant owner of an apartment house *550to bargain collectively, etc., with the union and reinstate an employee with pay, etc.; the board moves upon “ the entire record of the proceedings before the Board, including the pleadings, notice of hearing… Sheresky v. Balbrook Realty Corp. Page 557 This is a motion made on behalf of the defendant trust company to dismiss the complaint on the ground that a prior adjudication constitutes a bar.… Lichtman v. Mazzeo Page 559 This is an action to compel the defendant specifically to perform a contract for the purchase and sale of real property.… Hochstadter v. H. Tarr, Inc. Page 561 The question involved on this appeal is whether, in the absence of an agreement on the subject, negatives belonged to the customer or to the photographer.… In re the Accounting of Bollens Page 563 Upon this proceeding for the judicial settlement of her account, the executrix has applied for a construction of decedent’s will.… As no verified objections have been filed to the instrument propounded as the last will and testament of the decedent, the required proof as to the execution of such instrument may be taken before the probate clerk.… Sternlicht v. Wesling Page 567 Truman A. Wesling commenced an action in the County Court of Erie County against Mabel J.… P. H. Carlyon, Inc. v. Roberts Page 569 Certain questions of fact bearing on the claimed tolling of the statute have been resolved in plaintiff’s favor by /the Trial Court and must therefore be considered as established for the purpose of this appeal, if warranted by the evidence.… The lease between the landlord and its tenant Schlick expired on September 30, 1946.… Heller v. Seltzer Page 574 This is an action for an injunction restraining defendants from alleged violation of a restrictive covenant and directing them to demolish or “ reconvert for proper occupancy ” such buildings as are claimed to violate the covenant in their present form.… Jacobs v. Eisen Page 577 Two motions are before the court. Plaintiffs move for a temporary injunction and defendant moves to dismiss the complaint.… Katz v. Braz Page 581 A director of a corporation brings this action against another director to compel him to account for official misconduct in the management and disposition of the property of the corporation.… Singer v. State Laundry, Inc. Page 583 These are motions by the individual and cor- ■ porate defendants for an order dismissing so much of the complaint as seeks to recover for acts committed prior to January 10, 1946, on the ground that plaintiff has not legal capacity to sue.… In re Belloni Page 587 A petition has been presented to this court which prays for the commitment of Bessie and Salvatore Belloni, eleven and eight years of age, respectively, to an institution for the feeble-minded.… Clarke v. Shepard Page 588 The tenant being a monthly tenant for a calendar month, the statutory notice prescribed by section 232-a of the Real Property Law should have been served at least thirty days prior to the last day of the month.… Haskell v. Hannah Page 589 Application, pursuant to sections 330 and 333 of the Election Law, for an examination, inspection and recanvass of all the ballots which were cast at an election for the office of a Water Commissioner of the Plainview Water District, Plain-view, Town of Oyster Bay, County of Nassau, State of New York, held on December… The relator seeks an exemption from taxation of its real property known as 65 Liberty Street, borough of Manhattan.… Plaintiff seeks to enjoin defendant, a manufacturer of automobiles, “ from delivering any further Oldsmobile automobiles, series 76, unless it shall forthwith prepare, publish and make available to the plaintiff a schedule of all orders taken by it for such automobiles, containing the names and addresses of the… I granted a reargument of the defendant’s motion so as to permit an inquiry into the effect of the “ freezing order ”, Executive Order No. 8389 (Code of Fed. Beg., Cum.… The defendant-petitioner pursuant to the removal statute (Judicial Code, §§ 28, 29; U.… In an action brought by the beneficiary of a life insurance policy, issued by the defendant herein on the life of one Arthur Saladino, to recover the sum of $5,000 claimed to be payable under the provisions of the policy entitled “ Benefit in *602Event of Death by Accidental Means as Limited and Defined Herein,”… People v. Samuels Page 607 This is a motion to inspect the Grand Jury minutes, on which an indictment was found against the defendant, or in the alternative, to have the court inspect the Grand Jury minutes, and upon its own motion, dismiss the indictment on the grounds: (1) That the competent evidence submitted to the Grand Jury was… Heller v. Heller Page 608 This is a motion by the defendant for judgment on the pleadings.… Hennig v. Goldberg Page 609 There was, in this ease, no relation of landlord and tenant between plaintiff and defendants.… Schneier v. Owen Realty Co. Page 611 In this action brought against the owner of a building and the lessees of the second floor of such building a motion is made by defendant tenants to strike out the amended complaint as insufficient in law upon the face thereof on the ground that section 202 of the Labor Law places no obligation upon them to install… Urquhart v. Urquhart Page 613 Plaintiff seeks an adjudication that he is the legitimate son of defendants.… Pittari v. Madison Avenue Coach Co. Page 614 This case was tried before the court and a jury and resulted in verdicts for the plaintiff, Castellano, for personal injuries and for the plaintiff, Pittari, for property damage.… Plaintiff moves for summary judgment in its favor in an action upon a bond reduced by principal payments to $18,150.… In re the Accounting of Boles Page 619 This is a proceeding for judicial settlement of the accounts of the executor.… Gasoff Realty Corp. v. Berger Page 622 The action is to recover rent for premises occupied by defendant for the month of September, 1946.… Sanders v. Rolnick Page 627 The plaintiff was arrested by the defendant late in the forenoon of January 10, 1944, taken to the police station where he was fingerprinted, to police headquarters where he was photographed and made to participate in the line-up, and from there to the Magistrate’s Court where he was released on bail of $500 furnished… The action is to recover overtime compensation, liquidated damages and counsel fee and is brought pursuant to the provisions of the Fair Labor Standards Act of 1938 (U.… In re Dickstein Page 642 This is an application by the only surviving child of Samuel and Adele Dickstein, under section 89 of the Membership Corporations Law, for an order permitting the removal of their remains from a plot of the respondent First Strussower Sick and Support Association, sued herein as First Trusower Sick Society, located in… Miller v. Miller Page 644 In an action for separation instituted nearly four years ago, plaintiff wife now moves to examine the defendant husband before trial as to his earnings, assets, etc., for the years 1943 to date.… This is a motion to dismiss the second cause of action for insufficiency in law.… Subdivision (d) of section 8 of the Commercial Bent Law (L.… In re Mulry v. Beckmann Page 648 This is an application for an order directing John M.… Mann v. Steinberg Page 652 Plaintiff sues to recover damages sustained by reason of the alleged unreasonable refusal of defendant’s decedent to consent to the subletting of certain premises which •plaintiff had leased from him.… Rabinowitz v. Automem, Inc. Page 652 Motion for summary judgment is denied with leave to renew.… In re the Accounting of Bremer Page 654 Deceased made her will in 1936 while domiciled in this State.… People v. Bertola Page 655 Defendant Bertola applies for a certificate of reasonable doubt pending his appeal from a judgment of the Court of Special Sessions of the City of New York, convicting him of the crime of possessing adulterated and misbranded food (Agriculture and Markets Law, § 199-a).… Defendant Port of New York Authority has moved to dismiss the complaint upon the grounds that it, as a governmental agency of the States of New York and New Jersey, enjoys a derivative sovereign immunity from suit and that the complaint does not state facts sufficient to constitute a cause of action.… Carver v. State Page 660 This is a negligence claim against the State of New York resulting from an automobile accident on December 24, 1940, on the State highway which leads eastward from Syracuse to Jamesville.… Schwartz v. Klein Page 665 Plaintiff sues his wife’s parents, and others, alleging a partnership; the parents pleaded facts showing that he was the agent for their daughter, his wife, saying in effect that he was not the real party in interest.… In re the Estate of Campanari Page 666 This appeal by the executors of the decedent herein from a pro forma order fixing the estate tax, is based upon the ground that included in the net taxable estate in said order, upon which the tax is based, is the sum of $20,000 which the executors urge, is not taxable because it should have been allowed as a specific… Newton v. Simon Page 669 By an order of the court an application under section 287-a of the Civil Practice Act for leave to issue a summons and to serve a verified complaint against the defend*670ants claiming to be adverse claimants to certain specific personal property held within the State of New York was granted ex parte.… Brennan v. Eisen Page 672 Plaintiffs are dentists. Defendant is a labor union whose membership for the greater part-consists of employees in laboratories making dentures and also has dental assistants and dental hygienists among its members.… Greenberg v. Karnetsky Page 674 Memorandum There is nothing, in the record to warrant a finding that the landlord does not intend to use the Office of Price Administration certificate for the purpose for which it was issued.… In re the Estate of Zinn Page 675 Judicial settlement of the account of the trustees is sought by the three surviving trustees and by the executors of a deceased trustee.… Concord Freeholders, Inc. v. Dawna Page 680 Memorandum The Office of Price Administra- tion certificate relating to eviction was issued under paragraph (1) of subdivision (b) of section 6 of the Bent Begulation for Housing in the New York City Defense-Bental Area (10 Federal Begister 11668) for the purpose of permitting demolition of the premises in question “… Klein v. Biben Page 681 This is a motion to strike out all the defenses and partial defenses pleaded in the answer for alleged insufficiency.… Glens Falls Insurance v. State Page 684 This is an application for leave to file a claim for damages sustained to the yacht of claimant’s subrogor.… Tolfree v. Connolly Page 689 This is an action to determine a claim to 298 acres of land, pursuant to article 15 of the Beal Property Law, and to clear plaintiffs’ title from the claim set up by the defendant.… Motion by the defendant, Harper Realty Corporation, the owner of the equity of redemption, to dismiss, pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice, the complaint in this action to foreclose plaintiff’s $6,125 prior participating interest acquired on August 9, 1933, in a certain $10,000… In re the Will of Goodyear Page 700 Frank H. Goodyear died on the 13th day of May, 1907, leaving a last will and testament which, among other things, contained the following paragraph described as subparagraph “ D ” of paragraph numbered “Eleventh”: “ D.… In this action a mortgagor is suing Ms mortgagee for the return of interest payments which the mortgagor claims are excessive.… Shelton Building Corp. v. Baggett Page 709 Memorandum It was error to dismiss the landlord’s petition for failure to serve a thirty days’ notice to terminate the tenancy.… McGuirk v. Flagg Page 710 The twenty-one-month-old son of the plaintiff administratrix went through an iron picket fence on the roof of a multiple dwelling owned by the defendant and in which they resided, and fell nine stories to his death.… People v. Gilligan Page 712 The defendant herein questions the validity of the sentence of the court.… This summary proceeding was instituted by the landlord, the owner of the leasehold of the premises in concern against the tenant for nonpayment of rent; possession was sought and also a judgment for the amount of the rent due and unpaid.… Schmid v. Werner Page 718 Plaintiff has brought suit against the City of New York and two doctors, employed by the city at the Morrisania Hospital, to recover damages for injuries alleged to have been sustained as a result of the doctors’ negligence.… In re the Will of Robinson Page 720 In this proceeding for construction of decedent’s will the court is asked to determine whether a child born after the making of the will is entitled to an intestate share in the estate pursuant to section 26 of the Decedent Estate Law.… Graubart v. Posner Page 722 Plaintiff brought this action to recover for the loss of a Persian coat and skins originally shipped by plaintiff Graubart Bros., a limited partnership, to defendant Posner’s, doing business in Philadelphia.… Polk v. City of New York Page 727 This is an application for leave to serve a notice of claim on the City of New York pursuant to the provisions of section 50-e of the General Municipal Law.… 816 Fifth Avenue, Inc. v. Leonard Page 728 This is a proceeding brought by the landlord, a New York corporation, for recovery of possession of a penthouse apartment now occupied by the tenant at premises 816 Fifth Avenue, New York City.… Wyker v. State Page 736 Official Referee. There has been referred to the undersigned Referee by order of the Court of Claims, to hear and determine, a certain motion made by the State to dismiss this claim on the principle of -res judicata because of a prior judgment of the Court of Claims in favor of the James Frazee Milling Company, a… Westdale Realty Corp. v. Labella Page 738 This is an appeal from a decision of a Justice of the Peace.… Mermell v. Town of Rhinebeck Page 740 Defendant, the Town of Rhinebeck, moves pursuant to rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it appears on the face thereof that it does not state facts Sufficient to constitute a cause of action.… Roulstone v. Oesterreicher Page 741 Plaintiff, an attorney, suing for fees and disbursements, makes this application for summary judgment.… Greff v. Havens Page 742 The provisions of section 1171-b of the Civil Practice Act are not applicable to the instant application since that section, by its terms, applies only “ where the husband * * * makes default in paying any sum of money as required by the judgment or order ” (italics supplied).… People v. Pearson Page 744 The appellants herein have been convicted of disorderly conduct under subdivision 6 of section 722 of the Pénal Law, and each sentenced to thirty days in the workhouse execution thereof suspended.… Rheinhauer v. De Krieges Page 747 Defendant moves to dismiss the complaint which seeks recovery in the sum of $1,500 as and for services in returning to the defendant a bracelet claimed to have a value of upwards of $7,500.… In re Gerard v. McDonald Page 749 The petitioner applies for an order pursuant to article 78 of the Civil Practice Act directing the respondent to reinstate him to his former position of Investigator in the» Office of the District Attorney of Kings County at an annual salary of $4,000 and “ to effect the payment to the petitioner of the difference… Larsen v. McCann Page 752 The plaintiffs seek to recover from the defendants’ union the sum of $981.74 which they deposited with the union in the following circumstances: Between January, 1941, and October 15,1945, plaintiffs operated a restaurant and night club in which they employed members of defendant union as instrumental musicians.… Rice v. Isbell Page 758 These are motions to dismiss the complaint, made at the conclusion of the plaintiff’s evidence and renewed after all the evidence was in, upon which decision was reserved, and to set aside a verdict recovered by the plaintiff in an action for personal injuries allegedly suffered as a consequence of the negligence of… Morton v. Morton Page 764 This is a motion to dismiss the proceedings in this court, because of a divorce decree entered in the State of Oklahoma.… Schneidman v. Schneidman Page 765 Plaintiff moves herein for an order, pursuant to section 1170 of the Civil Practice Act, modifying the final decree of divorce entered on November 23, 1934, so as to insert therein a direction for the payment of alimony and counsel fees.… Plaintiff and defendant move for judgment in an action upon a policy of life insurance.… In this proceeding by the lessee of certain premises situated in Far Rockaway, New York, an order is sought commanding the Deputy Fire Commissioner of the City of New York “ forthwith to rescind ” certain orders and “ violations placed against said premises * * * or why an alternative order should not be granted… In re the Estate of Uris Page 772 The complaint in the action transferred for trial in this court by the Supreme Court sets up four separate causes of action.… In re the Estate of Spruce Page 776 The testator died February 8,1912, and his will, dated March 29, 1892, was admitted to probate in this court on June 21,1912.… In re the Estate of Jacoby Page 785 The son of deceased instituted this proceeding to compel the executor to deliver to him ninety-six United States Bonds, Series E, some of which were registered in the names *786of deceased and petitioner as co-owners and the remainder in the name of deceased payable on death to petitioner.… After adherents of the American Federation of Labor and Congress of Industrial Organizations Unions had competed for a long time at plaintiff’s plant in their respective efforts to organize plaintiff’s employees, they petitioned the National Labor Relations Board to hold a “ consent election ” and permit the employees… Long Island Railroad v. State Page 792 The motion herein, made pursuant to rule 103 of the Buies of Civil Practice, is addressed to the contents of the claim which is replete with evidentiary matter and exhibits.… The plaintiff is a stockholder in the defendant Trenton-New Brunswick Theatres Company, a foreign corporation, hereinafter referred to as “ Trenton ”.… Samuel Goldwyn and Selzniek dealing through Vanguard Films, Inc. (hereinafter referred to as “ Selzniek ”), are moving-picture producers.… This is a hearing upon a writ of habeas corpus issued out of this court by Theresa Capra, a sister of the relator Joseph Gagliano, wherein it is alleged that the said relator is illegally imprisoned and detained of his liberty in violation of section 5 of article I of the Constitution of the State of New York and… In re the Estate of Provot Page 802 After making comparatively small bequests out of his substantial estate deceased provided: “ 1 give, devise and bequeath all the rest, residue and remainder of my estate, of whatsoever kind and wheresoever situate, to the City Bank Farmers Trust" Company of New York City, to Archibald Douglas and to Paul Armitage, in… In re the Will of Deininger Page 805 When deceased died he left extant two papers which were intended by him to operate upon his property after his death.… Groom v. Jarboe Page 808 Defendants appearing specially move to vacate service of summons, warrant of attachment and levy made thereunder, based upon the failure of the plaintiff administratrix to comply with section 905 of the Civil Practice Act and for insufficiency of the papers supporting the warrant.… In re the Will of Lissberger Page 811 By appropriate decree of this court a corporate fiduciary was appointed cotrustee to act with an individual trustee who is the income beneficiary of two trusts created under the will of deceased.… In re the Estate of Smith Page 814 Criticism of the trustee’s account is made because of an investment in a share in a mortgage on a plot of realty in this city.… Di Lello v. Carozza Page 819 Memobandum It clearly appears from all the attendant circumstances surrounding the making of the lease herein that it was the intention and understanding of the parties thereto that the phrases, “ duration of the war ” and “ end of the war ”, were to mean that day which marked the end of actual hostilities with our… Leonis v. Ambrosino Page 820 Memorandum The proceeding herein was brought under paragraph (2) of subdivision (b) of section 6 of.… There has been offered for probate as the last will and testament of deceased an instrument disposing of *822deceased’s estate in this country to others than her distributees.… Cardinal v. University of Rochester Page 823 There appears to be no objection raised to the oral examination of the plaintiff as requested in paragraph (a) of the notice of motion.… Bowman V. Cruz Page 826 Question arises as to the jurisdiction of the Children’s Court Division of this statutory civil court as a forum for the adult criminal prosecution phase of the Police Department of the City of New York’s commendably vigorous combat against the armed warfare now rampant among organized street clubs of children who… Corwin v. Board of Elections Page 841 This application by order to show cause seeks to restrain the Board of Elections of the Village of G-reenport from placing on the ballot for the coming village election the names certified to the said board as the candidates of the Bepublican Party on the ground that the caucus at which the nominees were selected was… Bernoff v. Amoroso Page 845 Petitioner seeks an order in the nature of mandamus, pursuant to article 78 of the Civil Practice Act, directing certification of and recording, in accordance with subdivision 1 of section 2193 of the Penal Law, of a credit for 112 days’ jail time to which he asserts he is entitled.… In re the Accounting of Gulden Page 848 The trustees here accounting report their transactions since July 1, 1935, in several trusts created under the will of deceased.… Kraushaar v. Zion Page 851 Plaintiff, a resident of the village of Lawrence, Long Island, has instituted this action to procure a judicial declaration that an ordinance adopted by the Village on May 13, 1946, effective July 1, 1946, is null and void and restraining the enforcement thereof.… In re the Estate of Zahn Page 856 Baldly stated, the question presented in this accounting proceeding is whether the creditors of deceased shall pay the estate taxes on moneys which never constituted part of the true estate of deceased but which were included in the gross tax estate only because of the tenor of applicable tax laws.… 816 Fifth Ave., Inc. v. Leonard Page 866 Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ. In re the Accounting of Mulligan Page 867 The parties are agreed that deceased was an American citizen domiciled in Switzerland.… Menin v. New York Life Insurance Page 870 The object of the suit is to realize on a policy of life insurance on the life of Robert M.… Mussi v. Mussi Page 872 Motion to bring in as parties defendant Enrico Mussi, individually, and Joseph A.… Memorandum Under authority of Matter of City of New York (Bronx River Parkway Extension) (N.… People v. Bass Page 875 This is an appeal by the defendant from a judgment of conviction of a violation of subdivision 5 of section 70 of the Vehicle and Traffic Law of the State of New York (operating a motor vehicle while in an intoxicated condition).… Plaintiff moves to amend her original notice of claim to include a verification.… A proceeding to establish as deceased’s will a paper dated December 13,1933, is now pending undetermined in this court.… Randall v. La Farge Page 884 Memorandum In this summary proceeding by three petitioners to recover possession of premises under subdivision (d) of section 8 of the Commercial Rent Law (L.… 47 East 74th Street Corp. v. Simon Page 885 Memorandum If notice were required under section 232-a of the Real Property Law, the notices here given as provided for under the lease were sufficient.… Adams v. Moon Page 887 It is not questioned that the plaintiff can maintain this action under section 91 of the Justice Court Act (L.… Defendant moves to remove this action from the Municipal Court to this court on the ground that the Municipal Court does not have jurisdiction of defendant’s counterclaim for $10,000.… Devlin v. Webster Page 891 In this derivative stockholders’ suit the corporate defendant Standard-Thompson Corporation (named formerly and sued herein as Standard Aircraft Products, Inc.) has moved to vacate service of process and to dismiss the action upon the ground that the court has no jurisdiction over its person.… Klein v. Klein Page 894 Section 151 of the Hew York City Domestic Relations Court Act (L.… De Giuseppe v. City of New York Page 897 In this death action the facts have been stipulated and submitted to the court pursuant to an order herein for the purpose of having the court pass upon the sole question at issue and now before it.… People ex rel. Michael v. Michael Page 901 Relator, Edythe Michael, and defendant, Julius Michael, were married in New York, June 1, 1939.… Lader v. Benkowitz Page 906 This is a motion to dismiss the complaint for alleged insufficiency.… Fenster v. New York Life Insurance Page 909 The anniversary date of the policy in suit was March 7th.… H. P. Drewry v. Onassis Page 912 The plaintiff is a French corporation. A previous action brought by it against this defendant was dismissed by order of the Appellate Division in June, 1943, and the order and judgment of the Appellate Division were subsequently affirmed by the Court of Appeals (266 App.… Reed v. James W. Bell & Co. Page 914 (dissenting). The question presented is whether the landlord comes within any of the exceptions set forth in section 8 of chapter 3 of the Laws of 1945, as amended by - chapter 272 of the Laws of 1946.… By writing dated July 29, 1946, relator, Anne Isabelle Davidson Harris, an intelligent and educated woman, twenty-eight years of age, unconditionally surrendered her' infant daughter, Stephanie Ann Burris, born October 19, 1939, to the Commissioner of Welfare of the City of New York for the purpose of placing such… Blaine v. Clark Page 924 This is an action for treble plaintiff under subdivision (e) of section 205 of the Emergency Price Control Act of 1942, as amended (U.… This is a motion, pursuant to subdivision 6 of rule 109 of the Buies of Civil Practice, to strike out the two separate and complete affirmative defenses upon the ground that they are insufficient in law.… Claimant moves for leave to amend the claim heretofore filed herein in the respects shown in the proposed amended claim which it has attached to the moving papers and which it asks leave to file herein.… People v. Loremady Realty Corp. Page 944 The appellants herein were convicted under thirty-eight complaints charging violations of the New York State War Emergency Act (L.… Hughes Tool Co. v. Fielding Page 947 Plaintiff moves for an order striking out four affirmative defenses.… Canizio v. Marasco Page 953 This is an application for an order in the nature of a peremptory order of mandamus to compel the County Court of Kings County and the District Attorney of Kings County to give the petitioner a hearing in that court in support of his assertion that his conviction had in that court in 1931 was illegally obtained by… Cannon v. Towner Page 955 Plaintiff is the president of an unincorporated association existing to promote the welfare and develop the cultural life of the Negro in the community with special emphasis upon the contribution made by the Negro.… People v. Riley Page 969 The defendant moves for an order to dissolve and vacate the injunctive provisions of a final judgment entered in 1937 and permanently enjoining him from engaging in the sale and distribution of securities in the State of New York, except as a salesman employed by a reputable dealer or broker registered and qualified… Plessdore Realty Corp. v. Fasano Page 975 Plaintiff moves for judgment on the pleadings.… In this action plaintiffs seek a declaratory judgment, and also an injunction against interference by defendant with their exercise of the constitutional rights of freedom of speech, of press and of worship in a housing project known as Parkchester situated in the borough of The Bronx of the city of New York.… People v. Frantz Page 989 The appellant herein was convicted of a violation of subdivisions d, e and f, of section 53, and subdivisions (a) and (b) of section 49 of the Bules and Begulations of the Department of Parks of the City of New York, in that he operated a tow truck on the Henry Hudson Parkway without a permit for that purpose from the… Van Pelt v. City of New York Page 995 The plaintiff sued the City of New York and Raymond W.… Huber v. Ruby Page 1001 This is an action wherein plaintiff prays for a declaratory judgment and for an injunction.… Ingersoll v. Curran Page 1003 The proceeding is in the nature of mandamus.… Salzberg v. Raynay Holding Corp. Page 1009 This is a motion, pursuant to subdivision 4 of section 193-a of the Civil Practice Act, made by the third party defendants to dismiss the third party complaint on the grounds of improper joinder, that the same questions of law and fact are not involved in both causes of action, and that a joint trial would result in a… Fortune v. Hyle Holding Corp. Page 1011 The plaintiffs brought an action to recover damages for personal injuries and loss of services respectively against the defendants, Hyle Holding Corporation and Louis Pignatore.… Mathesen v. City of New York Page 1018 Memorandum In determining whether reasonable care has been used by the city in clearing streets and walks after a snowfall, it is proper to consider the amount of snow required to be moved, the number of miles of sidewalk and roadway, the means and methods used to remove the snow and the condition of the sidewalks in… People v. Nahman Page 1019 On March 15, 1946, at 12:30 p.m. the appellants, thirteen in number, as part of a prearranged plan, carried placards into City Hall Park and were shouting disapproval of Winston Churchill who was then the guest of the Mayor of the City of New York.… Logan v. Sherman Page 1023 Memorandum Subdivision (e) of section 2 of the Commercial Bent Law (L.… Brown v. Kaufman Page 1025 Memorandum It was error to dismiss the petition on the theory that there was a partial constructive eviction.… In re the Estate of Dunham Page 1026 Decedent and his wife both died on May 8, 1946, from natural causes.… In re the Estate of Dunham Page 1027 Decedent and her husband both died on May 8, 1946, from natural causes.… Kunstler v. Porter Page 1028 Memorandum The tenant transferred her entire estate in the lease without retaining a technical reversion.… This motion made by the defendant for summary judgment under rule-113 of the Rules of Civil Practice is granted.… In re the Accounting of Dreyfus Page 1030 Acting Surrogate. In this proceeding for the settlement of the account of the trustees, the special guardian of the infant remainderman raised questions in respect of the commissions of the sole surviving trustee.… Kaplan v. Walsh Page 1036 Memorandum The answering affidavit presents no triable issue of fact.… Village of East Hampton v. Mulford Page 1037 Plaintiff, Village of East Hampton, seeks to permanently enjoin the defendant from conducting a riding academy on his premises as being in violation of the Zoning Ordinance enacted by the village on May 19,1925.… The plaintiff corporation is the owner of premises 850 Manida Street, The Bronx, a plot of ground known as Mock 2740, lot 62, on the county land map.… Graham v. Douglas Aircraft Co. Page 1043 This motion to dismiss the complaint for factual insufficiency is denied.… Final order and judgment affirmed, with $25 costs.… Ingersoll v. Heffernan Page 1047 This proceeding was instituted pursuant to subdivision 1 of section 330 of the Election Law.… Motion by defendants to compel plaintiffs to reply to an affirmative defense.… Sellari v. Palermo Page 1057 This action is for damage sustained by plaintiff in an automobile collision with defendant on April 17,1945.… Sims v. Ransom Page 1059 In this action by two bishops of the African Methodist Episcopal Church to restrain the defendants, who are also bishops of that church, from proceeding with the hearing of certain charges against the plaintiffs, and for other incidental relief, the plaintiffs move for an injunction restraining such hearing pendente… Scala v. Ruchlamer Page 1063 Memorandum It appears that this proceeding was brought for nonpayment of rent.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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