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Cases cited for the legal proposition you have searched for.

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... 07-15-2013 NADIA FERRAN et al., Appellants, v. CITY OF ALBANY et al., Respondents... N.Y. App. Div. Appellate Division of the Supreme Court of the State of New York Motion No: 516828.... DECISION AND ORDER ON MOTION Motion to settle record on appeal, to perfect appeals by joint record, joint appendix and joint brief, f...

...) 12-20-2016 MARK R. FERRAN et al., Plaintiffs, v. CITY OF ALBANY et al., Defendants. APPEARANCES: FOR THE ...Se 36 Winnie Street Albany, NY 12208 Nadia Ferran Pro Se 114 Morton Avenue Albany, NY 12202 FOR THE DEFENDANTS: City of Albany, Hon. Gerald D. Jennings, Robert C. Forezzi, Sr., Joseph J. Toomey...Morton AvenueAlbany, NY 12202 FOR THE DEFENDANTS: City of Albany, Hon. Gerald D. Jennings, Robert C. Forezzi, Sr., Joseph...

... 01-17-2014 In the Matter of NADIA FERRAN et al., Appellants, v. CITY OF ALBANY et al., Respondents, et al., Respondents... N.Y. App. Div. Appellate Division of the Supreme Court of the State of New York Motion No: 516828.... Peters DECISION AND ORDER ON MOTION Motion to enforce order of this Court dated July 15, 2013, to str...

... In the Matter of Nadia FERRAN et al., Appellants, v. CITY OF ALBANY et al., Respondents, et al., Respondents. Mark ...];Matter of March v. City of Albany, 21 A.D.3d at 688, 799 N.Y.S.2d 650), nevertheless ...the petition/complaint. Following a fire at a building owned by petitioner Nadia Ferran, officials in the City of Albany Fire Department determined that the building was in imminent...

... NADIA FERRAN, as Parent and Natural Guardian of LAURA FERRAN, an Infant, Appellant, v. BOARD OF EDUCATION OF THE CITY OF ALBANY, Responden.... Appellate Division of the Supreme Court of New York, Third Department. July 20, 1995 Appeal from the Supreme Court, Albany County...declaration to the contrary ( compare, Jones v. Maphey, 50 N.Y.2d 971, 973), a dismissal of this sort is not considered to be on the...

...) 02-24-2014 CLARENCE DELANEY, JR., Plaintiff, v. CITY OF ALBANY; ADAM MANTEI, individually and as City of Albany Police Officer; and ...and as City of Albany Police Officer, Defendants. Lawrence E. Kahn...to Plaintiff's Fourth Amendment rights are not enough to give rise to an inference of deliberate indifference by the City of Albany because Plaintiff has not alleged any facts to show that the City's...

... A18A0699 06-26-2018 CITY OF ALBANY v. STANFORD et al. C..., Judge.The City of Albany appeals the denial of its motion for judgment notwithstanding the verdict. The City arg...although the City of Albany issued an occupational tax certificate to a business known as Brick City to operate as a recording studio and multi-purpose entertainment facility, the business was actually...

... 1:18-CV-1259 (LEK/ATB) 11-13-2018 CLARENCE DELANY, JR., Plaintiff, v. CITY OF ALBANY, et al., Defendants...City of Albany "failed to train its employees." (Id.) Plaintiff has used a form-Section 1983 complaint, but has.... (Compl. at 6). Plaintiff states that he was "interrogated" about a credit/debit card that was used in a "Stewarts" in the City of Albany to charge $48.00. (Id.) Plaintiff states that as the...

... Case No. 6:18-cv-01254-MK 11-30-2018 PAUL KUHNS, Plaintiff, v. CITY OF ALBANY, CURTIS BELL, BLAKE MILLER, and MARIO...&R, Magistrate Judge Kasubhai recommended that this Court grant defendants Chief Lattanzio and the City of Albany's ("the City") Partial Motion to Dismiss (doc. 8) and grant plaintiff leave to file...with prejudice and plaintiff's Monell claims against the City are DISMISSED without prejudice. Plaintiffs have leave to file an amended complaint within 30 days of the date of this Opinion and...

... JOSEPH DIMURA, Respondent, v. CITY OF ALBANY et al., Defendants, and E-Z-Go DIVISION OF TEXTRON, INC, Appellant. Appellate Division of the.... (hereinafter defendant) at defendant The New Course at Albany (hereinafter the golf course) for use in a round of golf. After hitting his ball on the fairway at the fift...warning consumers of dangers resulting from the foreseeable use of its products of which the manufacturer knew or should have known ( see, Rastelli v. Goodyear Tire Rubber Co., supra, at 297) and...

... SANDRA J. STEIN, an Infant, by WALTER L. STEIN, Her Guardian ad Litem, et al., Appellants, v. CITY OF ALBANY, Respondent. Appellate Division of...the Supreme Court of New York, Third Department. October 6, 1955. Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ. ...

... MARY BLAKE, Respondent-Appellant, v. CITY OF ALBANY, Appellant-Respondent. (Action No. 1.) MARY BLAKE, Appellant, v. NIAGARA MOHAWK POWER CORP., Defendant and Third...of time for the city, charged as it was with the duty to keep the public ways in good repair, to have discovered and corrected the condition; for instance, in Batton v Elghanayan.... MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. ...

... EDITH SELDEN, Respondent, v. CITY OF ALBANY et al., Appellants. Court of Appeals of the State of New York.... Submitted January 20, 1975 Decided February 12, 1975 Appeal from the Appellate Division of the Supreme Court in the Third Judicial...Department, HAROLD J. HUGHES, J. John E. Roe, Corporation Counsel ( Joseph Vincent Zumbo of counsel), for motion...

... HENRIETTA MAHAR, Respondent, v. CITY OF ALBANY, Defendant, and LUIGI MEROLLE et al., Appellants. Court of Appeals of the State ...

... CITY OF ALBANY v. SPRAGINS et al. 8 Div. 816. Supreme Court of Alabama. March 18, 1926. Extended.... The bill in this case was filed by appellees, joint owners of 28 lots in the city of Albany, seeking injunctive relief against the city from further proceedings in assessment against ...counsel for complainants that the matters of irregularity or illegality were such as were proper to be presented and litigated in the manner provided by the statute. Garner v. City of Anniston...

... CITY OF ALBANY v. BLACK. 8 Div. 878. Supreme Court of Alabama. December 9, 1926.... City of Albany v. Black, 214 Ala. 359, 108 So. 49; 28 Cyc. 1407; Dooley v. Sullivan.... As to the sufficiency of the complaint: City of Albany v. Black, 214 Ala. 359...

... JOHN SHULZ and Others, Appellants, v. THE CITY OF ALBANY, Respondent. Appellate Division of the Supreme Court of New York, Third.... The defendant is proceeding to construct a sewer through Clare avenue in the city of Albany in front of the plaintiffs' lands. The plaintiffs claim that the ordinance of the common co.... May, 120 id. 357, 365.) And particularly could the legality be tested by the special proceeding provided for by the city charter. (Charter, Laws of 1883, chap. 298, tit. 11.) Under such conditions...

... FRAZER v. CITY OF ALBANY et al. 35581. Supreme Court of Georgia. ARGUED NOVEMBER 20, 1979.... On July 13, 1979, Mrs. Betty Scott Frazer, appellant, filed suit in Dougherty Superior Court against the City of Albany and the Albany-Dougherty Inner-City Authority (hereinafter...the charter of the City of Albany and that no evidence had been presented that said conveyance constituted an abuse of discretion. Further, the trial court refused to enjoin the city's intended...

... MAE V. MILLER, as Administratrix, etc., of FRANK P. MILLER, Deceased, Respondent, v. THE CITY OF ALBANY and Others, Appellants. CATHERINE KENYON, as Administratrix, ...., of WARREN KENYON, Deceased, Respondent, v. THE CITY OF ALBANY and Others, Appellants. NORA A. ROGERS, as Administratrix, etc., of THOMAS H. ROGERS, Deceased, Respondent, v. THE ...the plaintiff seeks to recover because of the negligence of persons employed by the city to operate municipally-owned motor vehicles. The order dismissed a separate cause of action alleged in the...

... WILLIAM SMITH, Appellant, v. CITY OF ALBANY, Respondent. Court of Appeals of the State of New York.... James J. McGuiness, Corporation Counsel ( Ralph S. Leonard of counsel), for motion. Nathan H. Richman opposed.... Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files undertaking on appeal and pays ten dollars costs within t...

... A18A0699 06-26-2018 CITY OF ALBANY v. STANFORD et al...received in our clerk's office within ten days of the date of decision to be deemed timely filed. BETHEL, Judge. The City of Albany appeals the denial of ...Stanford and Wilfred Foster, individually and as co-administrators of LeSheldon Stanford's estate ("Plaintiffs"), allege that although the City of Albany issued an occupational tax certificate to a...

... A18A0699 06-26-2018 CITY OF ALBANY v. STANFORD et al...must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. BETHEL, Judge. The City of Albany.... Sheryl Stanford and Wilfred Foster, individually and as co-administrators of LeSheldon Stanford's estate ("Plaintiffs"), allege that although the City of Albany issued an...

... CITY of ALBANY v. Jennie WILSON. 8 Div. 366. Court of Appeals of Alabama. February 1, 1927.... SAMFORD, J. Affirmed, on authority of City of Albany v. Martha Black, ..., 112 So. 433 and City of Albany v. Leldon Wilson, 216 Ala. 174, ...

... FLOYD v. CITY OF ALBANY. 39108. Court of Appeals of Georgia. DECIDED DECEMBER 5, 1961.... The plaintiff (plaintiff in error) sued the defendants City of Albany (defendant in error) and Goldstein and Ruben (hereinafter called partners) in two...whether the defendant City of Albany should have caused the scale in question to have been removed, it must appear that a reasonable person would have anticipated danger from the maintenance of the scale...

... ABERNATHY v. CITY OF ALBANY. S97A2019. Supreme Court of Georgia. DECIDED JANUARY 26, 1998...City of Albany, Joel Abernathy suffered a psychic trauma which was not preceded or accompanied by a physical injury. Asserting a disability resulting from this psychic trauma, Abernathy sought.... The administrative law judge in this case made the following findings of fact: Abernathy has been a park maintenance supervisor for the City of Albany since the mid 1980's. His job...

... MAE V. MILLER, as Administratrix, etc., of FRANK P. MILLER, Deceased, Plaintiff, v. THE CITY OF ALBANY and Others, Defendants.... CATHERINE KENYON, as Administratix, etc., of WARREN KENYON, Deceased, Plaintiff, v. THE CITY OF ALBANY and Others, Defendants. NORA A. RO...., of THOMAS H. ROGERS, Deceased, Plaintiff, v. THE CITY OF ALBANY and Others, Defendants. Affd., ___ App. Div...

... SHAWN MITCHELL, as limited administrator of the Estate of Karen Mitchell, Plaintiff, v. CITY OF ALBANY; MICHAEL FARGIONE; JAMES REDDEN; and JOHN DOES #1-4, Defendant...-by-side with City of Albany police officers. At approximately 4:00 p.m., Officer Fargione and Trooper Redden received a radio dispatch requesting that they respond to the scene of a verbal altercation...at 466 West Street in the City of Albany. Upon arriving at the scene, Defendants encountered two groups of people on the front porches of two neighboring houses on West Street...

... ROBERT EARL DEARMON, JR., Plaintiff, v. CITY OF ALBANY, et al., Defendants. No. CIV S-09-1309 LKK GGH P. United States...plaintiff has alleged a claim against the City of Albany of having an official policy that caused his constitutional injuries. See Monel v. Dep't of Social Services of New York...and Aries Pagsolingan, and granted plaintiff leave to file an amended complaint. In particular, this order dismissed any claims against the City of Albany due to insufficient allegations that the city...

...-22-2015 TIARA KENNEDY, Plaintiff, v. CITY OF ALBANY, PAUL E. KIRWIN, City of Albany Police Officer individually and/or in his official capacity as agent, servan...because it does not exist separate and apart from the municipality and does not have its own legal identity." Hines v. City of Albany...employee of the City of Albany also known as Paul E. Kirwan, JOHN DOE 1 AND 2, whose names are presently unknown, individually and/or as agents, servants, and or employees of the City of ...

...) 06-05-2014 LARRY WILBURN, JR., Plaintiff, v. CITY OF ALBANY et al., Defendants. FOR THE PLAINTIFF: Kindlon, Shanks...& Associates FOR THE DEFENDANTS: City of Albany, Devin Anderson City of Albany Corporation Counsel County of Albany, Craig D. Apple Albany County Attorney's Office C...: Kindlon, Shanks & Associates FOR THE DEFENDANTS: City of Albany, Devin Anderson City of Albany Corporation Counsel County of ...

...) 01-27-2015 MYLES HERNANDEZ, Plaintiff, v. CITY OF ALBANY, et al., Defendants...Myles Hernandez ("Plaintiff") brings this action against Defendants City of Albany; City of Albany Police Department; Officer R. Lawyer ("Lawyer"); and Officers John Doe #1-10 (collectively...., 475 U.S. 574, 586 (1986). Mere conclusory allegations, speculation, or conjecture will not avail a party opposing summary judgment. Kulak v. City of New...

... CITY OF ALBANY v. WILSON. 8 Div. 879. Supreme Court of Alabama. January 13, 1927. Rehearing.... Boonville, 61 Mo. 282; Rowland v. Gallatin, 75 Mo. 134, 42 Am.Rep. 395. The general charge for defendant should have been given. City of Albany v. Black.... Almon Almon and Eyster Eyster, all of Albany, for appellee. The complaint is sufficient. City of ...

... CITY OF ALBANY v. BLACK. 8 Div. 792. Supreme Court of Alabama. March 25, 1926.... G. O. Chenault, of Albany, for appellant. Demurrer to the complaint should have been sustain..., however, City of Lawrenceburg v. Lay, 149 S.W. 862, 149 Ky. 490, 42 L.R.A. (N.S.) 480, Ann. Cas. 1914A, 1194, and note, page 1197, citing, affirmatively, Anderson v. Wilmington...

... MARY FUSCO et al., Plaintiffs, v. CITY OF ALBANY et al., Defendants Supreme Court, Special Term, Albany County. December...Corporation Counsel. Finally, plaintiffs cross-move to dismiss the first affirmative defense for lack of merit under the principles discussed by the Third Department in Blake v City of Albany...Chinlund, 106 Misc.2d 86, 87). The law was designed to prevent instances such as noted by Mr. Justice Kahn in his unreported decision in Grondahl v City of Albany (Sup Ct, Albany County, Jul...

...) 06-05-2014 ALISON GROSKI et al., Plaintiffs, v. THE CITY OF ALBANY et al., Defendants. FOR THE PLAINTIFFS: Treyvus...therefore this determination created a presumption that probable cause existed. (Dkt. No. 50, Attach. 2 at 12-17); see DiMascio v. City of Albany, No. 93-CV-0452, 1999 WL 244648, at...of Albany, and plaintiffs' claims against the City of Albany are dismissed. V. Conclusion WHEREFORE, for the foregoin...

... ELBY WILLIAMS, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. CITY OF ALBANY, A MUNICIPAL CORP., NICHOLAS M. MIEZER, DEFENDANTS, CROSS-APPELLEES, NORMAN DENNEY, JOHN LODGE...against the City of Albany, the city manager, the police chief, and two city police officers, asserting a violation of his constitutional rights under 42...). With respect to plaintiff's cross-appeal on the district court's grant of summary judgment in favor of the City of Albany and the city manager, Williams has failed to demo...

... MICHAEL W. HALIBURTON, II, Plaintiff, v. CITY OF ALBANY POLICE DEPARTMENT, PAT MARINER, Albany City Police Chief, CAPTAIN SHINHOLSTER, Acting Police Chief, SCOTT...KING, District Judge Plaintiff Michael W. Haliburton II alleges state and federal constitutional claims against the City of Albany Police Department and several of its officers...Summary Judgment of Defendants City of Albany Police Department, McBride, McHuron, Mickelsen and McKnight (#50). For the reasons below, I grant the motion in part but allow three claims to continue to...

... Constance Hines and Marshay Hines, Plaintiffs, v. The City of Albany; The Albany Police Department; James W. Tuffey, Albany Chief of Police; and Officers Jo...of Thomas Marcelle, Thomas Marcelle, of Counsel, Albany, NY, for Plaintiffs. Rehfuss, Liguori Associates, P.C., Stephen J. Rehfuss, of Counsel, Latham, NY, for The City of ...42 U.S.C. § 1983, alleging that defendants, the City of Albany ("the City"), the Albany Police Department ("the Police Department"), the Albany Chief...

... 1:18-CV-470 (GLS/CFH) 08-22-2018 THOMAS HARDIE Plaintiff, v. CITY OF ALBANY; JARROD M. JOURDIN, City of ...Police Officer; RAVEN SYMONE DIXON. City of Albany Police Officer; UNIDENTIFIED NAME POLICE OFFICER, Defendants. APPEARANCES: Thomas Hardie 18-A-0282.... Plaintiff's Complaint Plaintiff seeks to bring this action pursuant to 42 U.S.C. § 1983, against defendants City of Albany, City of Albany Police Officer Jarrod M. Jour...

... Louis J. CAPOZZI, Plaintiff, v. The CITY OF ALBANY, Peter Krasher, Officer A, Officer B, Officer C, Lieutenant D, Officer E, Officer F, Officer X, Officer Y and Officer...questions on two of his claims: battery and malicious prosecution. A judgment was directed to be entered on March 10, 1983 against defendant Krasher and defendant City of Albany due to the City's..., Albany, N.Y., for defendants; Joseph V. Zumbo, John L. Shea, Asst. Corp. Counsel, Albany, N.Y., of counsel...

... MARK E. LYMAN, DIANA LYMAN, Plaintiffs, v. CITY OF ALBANY, OFFICE OF CORPORATION COUNSEL, MAYOR JERRY JENNINGS, CHIEF JAMES TURLEY, CHIEF JAMES TUFFEY, LIEUTENANT...Civil Rights Act of 1964. Amended Complaint (Dkt. No. 3). He names as defendants the City of Albany, the Albany Police Department, the Office of Corporation Counsel, Mayor Jennings, various member.... 3. Failure to Train and Failure to Supervise The Amended Complaint alleges that the city of Albany is liable to Plaintiff for failing to properly train...

... BARNETT v. CITY OF ALBANY. 57398. Court of Appeals of Georgia. SUBMITTED MARCH 5, 1979...." Arthur v. City of Albany, 98 Ga. App. 746, 747 (2) ( 106 S.E.2d 347) (1958); ... injured, Joe Bob Barnett filed an action against the City of Albany alleging that in allowing an oak tree which had fallen on top of a stop sign at a ...

... OMAR HOLLOWAY v. CITY OF ALBANY, ET AL. CIVIL ACTION NO. 05-0400. United States District Court, N.D. New York...DENIED IN PART. Finding that plaintiff has failed to show a policy or custom of the City of Albany or its Police Department as required by Monell v. Department of So...Albany, City of Albany Police Department and Officer Peter Isaacson, pursuant to Federal Rule of Civil Procedure 56. Plaintiff opposes this motion. Also before this Court are plaintiff's Motion to Award...

... 01-22-2018 AMIR ALAVI, et al., Plaintiffs, v. CITY OF ALBANY, et al., Defendants..., and name as defendants the City of Albany ("the City") and several City police officers: Jose Lara, John Geissberger, Michael Larrick, Arthur Pagsolingan, Willis Christopher, Larry Longley, John.... City of L.A., 250 F.3d 668, 686 (9th Cir. 2001) (quoting City of Cleburne v. Cleburne Living Ctr...

... PINKSTON v. CITY OF ALBANY et al. A90A0217. Court of Appeals of Georgia. DECIDED JUNE 6, 1990...against the City of Albany and seven members of the police department seeking damages for false arrest, slander, false imprisonment and violation of his federal civil rights. He brings this appeal...Recorder of the City of Albany ordering that the case of `disorderly while intoxicated' against [appellant] be transferred to the state court as a charge of `criminal attempt to escape,' and based...

...) 09-29-2015 THURSTON D. GROSS and CHELSEY MORALES, Plaintiffs, v. THE CITY OF ALBANY, et al., Defendants.... INTRODUCTION Plaintiffs Thurston D. Gross ("Gross") and Chelsey Morales ("Morales") (collectively "Plaintiffs") filed this action against Defendants City of Albany ("the City"), ..., 2013, Plaintiffs filed a Notice of Claim with the City of Albany. See Dkt. No. 11-3 ("Notice of Claim Forms"). On June 18, 2014, Plaintiffs commenced this action. Compl. Plaintiffs assert...

... SHIRLEY MORTON, Plaintiff, v. THE CITY OF ALBANY, KEVIN McKENNA, Individually and in his capacity as a police officer, PETER NOONAN, Individually and in his capacity as...walked away. Plaintiff asserts that McKenna "had previously engaged in improper and inappropriate use of firearms, and defendant, the City of Albany, knew, or should have known...Albany Police Department had been involved in the illegal purchase of firearms yet the City of Albany "failed to institute policies or procedures in order to discourage the unauthorized and improper...

... No. 1:18-CV-1193 (DNH/CFH) 04-04-2019 CLARENCE DELANEY, JR., Plaintiff, v. CITY OF ALBANY, et al., Defendants... recommendation adopted in part, rejected in part sub nom. Delaney v. City of Albany.... § 1983 alleging that defendants the City of Albany and various members of the Albany City Police Department violated his constitutional rights under the Fourth, Fifth, Eighth, and Fourt...

... Constance Hines and Marshay Hines, Plaintiffs, v. The City of Albany; Albany Chief of Police James W. Tuffey; Assistant Chief Steven Krokoff; and Officers Brian Quin...Hines v. City of Albany, 542 F.Supp.2d 218 (N.D.N.Y. 2008). Plaintiffs amended their complaint a second time, upon consent of defendants as...42 U.S.C. § 1983, alleging that the defendants violated rights guaranteed them by the Fourth, Fifth and Fourteenth Amendments to the United States Constitution. Defendants are the City ...

... BELL v. CITY OF ALBANY. DANIEL v. BELL. A93A1638, A93A1639. Court of Appeals of Georgia. ..., Fowler Castellow, James M. Bivins, for Bell. Black Black, Eugene C. Black, Jr., Al Grieshaber, Jr., for City of Albany and Daniel.... ANDREWS, Judge. After Bell drove his car into a utility pole, he was arrested by City of Albany ...

... AARON CARTER, Plaintiff, v. CITY OF ALBANY, CITY SCHOOL DISTRICT OF ALBANY, BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT ... OF COUNSEL: DEBORAH H. SHEEHAN, ESQ., Attorney for Plaintiff, Albany, New York. GREGORY J. TERESI, ESQ., CITY OF ALBANY CORPORATION COUNS..., Attorneys for Defendants City of Albany and Janet Parker, Albany, New York. JENNIFER L. CARLSON, ESQ., REHFUSS, LIGOURI ASSOCIATES, P.C., Attorneys for Defendants City of ...

... Michele FERA, Plaintiff, v. The CITY OF ALBANY, Albany Police Department, Michael Colbert, Robert Santaski, Eric Sprague, Kamrj Singh, Merlin LaRose, John Doe, an.... Michael E. Basile, Higgins, Roberts Law Firm, Schenectady, NY,for Plaintiff. John Joseph Reilly, City ...claims under 42 U.S.C. § 1983 and various state law causes of action arising out of her arrest and transportation by the City of Albany Police Department...

... Phillip LEWIS, Plaintiff, v. CITY OF ALBANY POLICE DEPARTMENT and William Bonanni, Defendants. No. 1:04-CV-152. United...Defendant City of Albany. David Brickman, Esq., Albany, NY, for Defendant Bonanni...jury found that the City of Albany Police Department ("the City") had a custom, policy, and practice that failed to properly train, supervise, and/or discipline Bonanni, and that failure was a...

... In the Matter of KENNETH MARCH et al., Appellants, v. CITY OF ALBANY, Respondent. 97680. Appellate Division of the...situation, namely, it was in imminent danger of collapse and posed an immediate danger to the public ( see Albany City Code § 133-55 [A], [B]; see e.g. Merino v. City of Middletown, ...AD2d 454, 454-455; Starik v. City of New York, 68 AD2d 936; cf. Calamusa v. Town of Brookhaven, 272 AD2d 426, 427; Scott v. Town of Duanesburg, supra at 991), respond...

... JOHN SCHULZ et al., Plaintiffs, v. THE CITY OF ALBANY, Defendant. Supreme Court, Albany Special Term. March, 1899...purpose of restraining the defendant from constructing a drain or sewer under the west sidewalk of Clare avenue in the city of Albany in front of lots owned by the plaintiffs and for the expense ..., 123 N.Y. 31. 2. They can pay the assessment under protest and then maintain an action against the city to recover back the amount thus paid. Bruecher v. Vil...

... No. 1:18-CV-1193 (DNH/CFH) 06-20-2019 CLARENCE DELANEY, JR., Plaintiff, v. CITY OF ALBANY, et al., Defendants...defense to claims of false arrest and false imprisonment. See Hawthorne v. City of Albany, No. 1:17-CV-00716 (GTS/TWD), 2017 WL 3822112, at *6 (N.D.N.Y. July 25, 2017), report and..., including the underlying action, against Det. DiGiuseppe after his alleged false arrest. See Delaney v. City of Albany, No. 1:18-CV-1259 (LEK/ATB...

... Tucker v. City of Albany Dept. of Fire Emergency Bldg. Servs. Court of Appeals of the State of New York. ...

... CITY OF ALBANY et al., Respondents, v. STANDARD ACCIDENT INSURANCE COMPANY, Appellant, et al., Defendants. Appellate Division of the...insurance company upon a police prowl car owned by the plaintiff city. It has been adjudged that the policy affords insurance protection to plaintiffs, the City of Albany and its police officer Douglas...; Matter of Ryan v. City of New York, 228 N.Y. 16, 19.) However, under section 50-a Gen. Mun. of the General Municipal Law, he, in com...

...-11-2016 ANDRE CANTEY, Plaintiff, v. COUNTY OF ALBANY CITY OF ALBANY, ALBANY POLICE DEPARTMENT, POLICE OFFICER JOSE MARTINEZ, and POLICE OFFICER BEN BURNHAM, Def...commenced this action on January 6, 2016 against defendants the City of Albany ("City"), Albany Police Department ("Department"), Police Officer Jose Martinez, and Police Officer Ben Burnham. Dkt. No...June 12, 2014, he was a passenger in a car driving in the area of Madison Avenue and South Lake in the City of Albany, New York. Dkt. No. 1. at 2. The car in which he was seated was stopped by the...

... Phillip LEWIS, Plaintiff-Appellee, v. CITY OF ALBANY POLICE DEPARTMENT, William Bonnani, Defendants-Appellants. No. 08-2722-cv.... See Lewis v. City of Albany Police Dep't, 547 F.Supp.2d 191 (N.D.N.Y. 2008). In addition, we perceive no error, much less abuse of discretion, ....]" Lewis v. City of Albany Police Dep't, 554 F.Supp.2d 297, 300 (N.D.N.Y. 2008). We see no reasonable basis — and defendants have advanced none — to...

... CITY OF ALBANY et al., Respondents, v. STANDARD ACCIDENT INSURANCE COMPANY, Appellant, et al., Defendants. Court of Appeals of the Stat...liability of a municipality under a statute (cf. Miller v. City of Albany, 158 Misc. 720, affd. 247 App. Div..., J. The issue before us in this declaratory judgment action is whether an automobile liability policy issued by appellant to the City of Albany afforded coverage to the city and one...

...the outcome of the action, namely an injury in fact worthy and capable of judicial resolution" (Matter of Ferran v City of ...State Dept. of Envtl. Conservation, 23 NY3d 1, 9 [2014]; Argyle Farm & Props., LLC. v Watershed Agric. Council of the N. Y. City...Better Long Is., Inc. v New York State Dept. of Envtl. Conservation, 23 NY3d at 9; Matter of Gym Door Repairs, Inc. v New York City Dept. of...

... Mark FERRAN, Nadia Ferran, Plaintiffs-Appellants, v. TOWN OF NASSAU, Robert Whitney, Bernard Clifford, Town Supervisor, George Flemings, former Highway Superintendent...raised on appeal. See LoSacco v. City of Middletown, 71 F.3d 88, 93 (2d Cir.1995). None of the arguments before us have merit, and we...leave to file their amended complaint." Ferran v. Town of Nassau, 11 F.3d 21, 22 (2d Cir.1993). We directed the District Court to consider...

...of Ferran v City of Albany, 116 AD3d 1194, 1195 [2014]). In so doing, affidavits and other proof submitted by petitioners may be considered to remedy any deficiencies in the petition/compl...the essential character of the neighborhood, and (4) the hardship has not been self-created" (Matter of Sullivan v City of Albany Bd. .... v City of Albany Bd. of Zoning Appeals, 19 AD3d 968, 970 [2005]). The ZBA found that petitioners demonstrated the first and third...

...of Ferran v City of Albany, 116 AD3d 1194, 1195 [3d Dept 2014], quoting Aiardo v Town of E. Greenbush,... Albany, New York CHRISTOPHER J. McCARTHY Judge of the Court of Claims The following papers were read and... # 2019-040-009 Claim No. 131704 Motion No. M-92956 01-25-2019 KATRINA WESTON v. THE STATE OF NEW YORK...

...worthy and capable of judicial resolution” (Matter of Ferran v. City of Albany, 116 A.D.3d 1194, 1195...M. Young of counsel), for appellant. Bond, Schoeneck & King, PLLC, Albany (Robert H. Feller of counsel), for Watershed Agricultural Council of the New York City Watersheds, Inc...-2016 ARGYLE FARM AND PROPERTIES, LLC, Appellant, v. WATERSHED AGRICULTURAL COUNCIL of the New York City Watersheds, Inc., et al., Respondents...

...in the outcome of the action, namely an injury in fact worthy and capable of judicial resolution" (Matter of Ferran v. City ... Gym Door Repairs, Inc. v. New York City Dept. of Educ., 112 A.D.3d 1198, 1199, 977 N.Y.S.2d 478 [20..., Albany (Laura Etlinger of counsel), for respondents...

...' " (Matter of Ferran v City of Albany, 116 AD3d 1194, 1195 [3d Dept 2014], quoting Aiardo v. Town of ... # 2017-015-222 Claim No. 128103 Motion No. M-89605 Motion No. M-89712 03-28-2017 JOYCE UNDERHILL v. THE STATE OF..." (Sommer v State of New York, 131 AD3d 757, 758 [3d Dept 2015], quoting Morra v...

... YODI ZIKIANDA, as Administrator of the Estate of Irene Bamenga, Plaintiff, v. COUNTY OF ALBANY, et al., Defendants...physician are rendered to and accepted by another person for the purposes of medical or surgical treatment." Lee v. City of New York...Jenkins v. City of New York, 478 F.3d 76, 87 (2d Cir. 2007)). A right is clearly established when "'the contours of the right [were...

...its employees occurring pursuant to an official policy or custom." Ramos v. City of New York, 298 Fed.Appx. 84, 86 (2d Cir. 2008) (citing...causes the constitutional violation at issue. Respondeat Superior or vicarious liability will not attach under § 1983." City of Canton v...City of Oklahoma City v. Tuttle, 471 U.S. 808, 816 (1985)), the court determines Mayo has presented no evidence that indicates defendants' conduct wa...

...) 10-04-2016 MATTHEW THORNTON, Plaintiff, v. COUNTY OF ALBANY; CHRISTIAN CLARK, Superintendent, Albany County Correctional Facility; ARTHUR BROTHERS, Corrections...." Anderson, 477 U.S. at 248; see also Jeffreys v. City of New York, 426 F.3d 549.... Pursuant to Monell v. Dep't of Social Servs. of the City of New York, 436 U...

...the merits of their claims, we perceive no abuse of discretion in either Supreme Court's dismissal of the complaint (see, Ferran v. Board of Educ. of City of .... Decided and Entered: May 25, 2000. Appeal from an order of the Supreme Court (Lang Jr., J.), entered May 20, 1999 in Albany County, which...), Albany, for appellants. Cusick, Hacker Murphy LLP (James E. Hacker of counsel), Latham, for William Kopp and others, respondents. Donohue, Sabo, Varley Armstrong...

...of Schlemme v Planning Bd. of City of Poughkeepsie, 118 AD3d 893 [2d Dept 2014]; Matter ...v City of Syracuse, 60 AD3d 1312 [4th Dept 2009]). "Whether a plaintiff [or petitioner] can ultimately establish its allegations is not part of the calculus in determining a motion to dismiss...to a fair inference" (Matter of Vyas v City of New York, 133 AD3d 505, 505 [1st Dept 2015]) that the DHCR's determination was arbitrary...

...official capacity as Superintendent of Albany City High School; John Metallo ("Metallo"), Individually and in his official capacity as Principal of Albany City High School; and Stuart Taylor ("Tay..."), Individually, and in his official capacity as an employee of Albany City High School, alleging four causes of action: In his first cause of action, pursuant to...was Principal of Albany City High School. Palmer was Superintendent of Albany City School District. On April 10, 2000, plaintiff received a hall pass from the school nurse to...

... HEIDI J. INGRAO and BRADLEY B. INGRAO, as Parents and Natural Guardians of RBI, an infant, Plaintiffs, v. THE COUNTY OF ALBANY, NEW YORK, and THE COUNTY OF MONTGOMERY..., 496 U.S. 498, 509 (1990));Daniel H. v. City of New York, 115 F. Supp. 2d 423, 428 (S.D.N.Y. 20...his mother and others while in foster care. "[A] state agency may be liable under the Due Process Clause for failing to protect children in their custody."Phifer v. City of New York...

...Schlemme v Planning Bd. of City of Poughkeepsie, 118 A.D.3d 893 (2nd Dept. 2014); Matter of Ferran v City ... Index No. 161100/2017 04-26-2019 ANDREW ALDERMAN, Petitioner, v. THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW...1042, 1043 (3rd Dept. 1993); see Matter of Ball v City of Syracuse, 60 AD3d 1312 (4th Dept. 2009...

... Christopher Duggan, et al., Plaintiffs, v. The Village of New Albany, et al., Defendants. Case No. 2:08-cv-814. United...type of bifurcation for which they argue, that is not necessarily the case. It is true that in Brunson v. City of Dayton, 163 F.Supp. 2d 919...violated the plaintiff's constitutional rights. See also Wells v. City of Dayton, 495 F.Supp. 2d 793 (S.D. Ohio 2006). Both of these decisions...

..., v. COUNTY OF ALBANY and Correctional Medical Services, Inc., Defendants-Appellees, James L. Campbell, Sheriff, in his Individual and Official Capacity, Shannon Marshall, Correction Officer, in her..., 56 L.Ed.2d 611 (1978); see also Ciraolo v. City of New York, 216 F.3d 236, 242 (2d Cir. 2000). We a...resulting from the breach of duty by the defendant. See, e.g., Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 333...

... Ivamae GREEN, individually and as parent and natural guardian of Fitzroy Barnes, Fatima Barnes, and Eustace Barnes, infants, Plaintiffs, v. The CITY OF MOUNT VERNON, Sgt...[,] that the Plaintiff can prove no set of facts in support of him [sic] claim to entitle him to relief.” (citing Harris v. City of New York, 186 F...' apartment and the Fegan Affidavit. See Brodeur v. City of New York, No. 99–CV–651, 2002 WL 424688, at *2 (S.D.N.Y. Mar. 18, 2002) (holding that it is appropriate to...

...museum, Cyclorama, for public benefit is a governmental function); Banks v. City of Albany, 83 Ga.App. 640, 643–644...ATLANTA et al. v. MITCHAM. Cathy Hampton , Laura Sauriol Burton , City of Atlanta Law Department, Atlanta, for appellants. Charles Henry McAleer , The...sovereign immunity had been waived. See City of Atlanta v. Mitcham, 325 Ga.App. 481, 751 S.E.2d...

...) 04-13-2015 SUDANE LEFEVRE, Plaintiff, v. COUNTY OF ALBANY et al., Defendants. APPEARANCES: FOR THE PLAINTIFF: Levidow, Levi...Albany, No. 07-cv-823, 2009 WL 935804, at *2 (N.D.N.Y. Apr. 3, 2009); see also Monell v. Dep't of Soc. Servs. of N.Y., 436 U.S...) causes the plaintiff to be subjected to (3) a denial of a constitutional right.'" Zherka v. City of N.Y., 459 F. App'x 10, 12 (2d Cir. 2012) (quoting Wray v. City ...

...of Albany Law School et al., Respondents-Appellants, v. New York State Office of Mental Retardation and Developmental Disabilities et al., Appellants-Respondents...residents of any facility providing services to developmentally disabled persons (see Mental Hygiene Law § 45.07; see generally Matter of Reckess v New York State Commn. on Quality of Care...controversy. In matters of statutory interpretation, our primary consideration is to discern and give effect to the Legislature's intention (see Yatauro v Mangano, 17 NY3d 420...

... OB-GYN ASSOCIATES OF ALBANY v. LITTLETON. S91G0906. Supreme Court of Georgia. DECIDED NOVEMBER 7...emotional distress. In OB-GYN Assoc. of Albany v. Littleton, 259 Ga. 663 ( 386 S.E.2d 146..., Littleton v. OB-GYN Assoc. of Albany, 199 Ga. App. 44 ( 403 S.E.2d 837) (1991), and we granted certiorari...

...(Jennifer J. Monthie, Timothy A. Clune and Cliff Zucker of counsel), Patterson Belknap Webb & Tyler LLP, New York City (Christopher Jackson of counsel), and Albany Law School Civil Rights...counsel), for appellants-respondents. Disability Advocates, Inc., Albany (Jennifer J. Monthie, Timothy A. Clune and Cliff Zucker of counsel), Patterson Belknap Webb & Tyler LLP, New York City...ALBANY LAW SCHOOL et al., Respondents–Appellants, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Appellants–Respondents...

... HOSPITAL AUTHORITY OF ALBANY et al. v. STEWART, Sheriff, et al. 25779. Supreme Court of Georgia...property. See City Council of Augusta v. Walton, 77 Ga. 517 ( 1 S.E. 214). As early as Dart v...518). In several cases, including Trustees of the Academy of Richmond County v. City Council of Augusta, 90 Ga. 634 (1) ( 17 S.E. 61...

... OB-GYN ASSOCIATES OF ALBANY et al. v. LITTLETON et al. S89G0538. Supreme Court of Georgia...emotional distress. The trial court granted summary judgment on count 4, and the Court of Appeals reversed. Littleton v. OB-GYN Assoc., P. C., 192 Ga...recognized in Smith v. Overby, 30 Ga. 241 (1860). In that case the Smiths sued to recover for the wife's bodily injury and mental anguish due to the death of her child during...

..., Plaintiffs-Intervenors, And PHILIP and PATRICIA SGARLATA; JOHN and CAROL STEWART; JOHN and MARY MAYBEE; ELLEN GRAZIANO; and other voters similarly situated, Plaintiffs, v. THE ALBANY COUNTY BOARD OF ELECTIONS..., inter alia, Hoblock v. Albany County Bd. of Elections, 422 F.3d 77 (2d Cir. 2005) (Walker, C.J.); Hoblock v. Albany County Bd.... of Elections, 233 F.R.D. 95 (N.D.N.Y. 2005) (Kahn, D.J.); Hoblock v. Albany...

...defendants on notice of the claims stemming from the factual allegations addressed above, the remainder is ambiguous, confusing, and merits dismissal. See Ferran v. City of Albany, 1...of limitations period, see Bermudez v. City of New York, 783 F. Supp. 2d 560, 574 (S.D.N.Y. 2011). Therefore, given that...between the protected activity and the adverse employment action." Littlejohn v. City of New York, 795 F.3d 297, 315-16 (2d Cir...

...-2012 Matthew Gabriel, f/k/a Matta Ghobreyal, Plaintiff, v. Albany College of Pharmacy and Health Sciences - Vermont Campus (ACPHS), Professor Dorothy Pumo, Ronald A. DeBellis.... See, e.g., Hamilton v. City College of City Univ. of New York, 173 F. Supp. 2d 181, 185 (S.D.N.Y. 2001) (denial of calculator du...) While a student at the Vermont campus of the Albany College of Pharmacy and Health Sciences ("ACPHS" or "College"), pro se plaintiff Matthew Gabriel was accused of plagiarism by one ...

... 1:19-CV-468 (LEK/CFH) 04-30-2019 RITA MENDEZ, Plaintiff, v. ALBANY COUNTY DEPARTMENT OF SOCIAL SERVICES, Defendant...and requested that the Albany County Department of Social Services reimburse her for this expense. Id. Apparently, the Albany County Department of Social Services initially indicated that they...would reimburse plaintiff for the transport cost, but then later refused to reimburse her. Id. Plaintiff requests that Albany County Department of Social Services be compelled to pay her $800...

... LISA TUCKER, Individually and as Parent and Guardian of BIANCA TUCKER, an Infant, Appellant, v. CITY OF ALBANY DEPARTMENT OF FIRE EMERGENCY AND BUILDING SERVICES...decided, in accordance with Albany City Code § 133-55 (A) and (B), that demolition was necessary ( see Matter of March v City of .... Mercure, J.P. Plaintiff is the owner of a two-family home located in the City of Albany. ...

...-07-2017 JAY BRADSHAW, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants...Castle NG E. Inc. v. Town of Greenburgh, N.Y., 552 F. App'x 47, 49 (2d Cir. 2014); Alzawahra v. Albany Med. Ctr...). See also, e.g., Ferran v. Town of Nassau, ...

...-02-2018 ROBERT BYRD, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants... See also, e.g., Ferran...claims are governed by the Fourteenth Amendment's Due Process Clause rather than the Eighth Amendment. See City of Revere v. Mass. Gen. Hosp...

... 2012-02-16 In the Matter of ALBANY LAW SCHOOL et al., Respondents–Appellants, v. NEW YORK STATE OFFICE OF MENTAL...al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 19 copies filed within seven days. ...

... MOHAMMAD KHAJA-MOINUDDIN, Plaintiff, v. THE CITY OF NEW YORK and P.O./DETECTIVE JAMES A. HOOKER, and RUQSAAR SHUKOOR, and REHAAN SHUKOOR, Defendants...misconduct."Ciambriello v. County of Nassau, 292 F.3d 307, 325 (2d Cir. 2002) (quoting Dwares v. City of New York...) the confinement was not otherwise privileged. Savino v. City of New York, 331 F.3d 63, 75 (2d Cir. 2003). False arrest is a "species" of...

... ATKINSON v. CITY OF ATLANTA. Martin & Jones, Samuel Lydell Starks, Elizabeth Yarbrough Rodger, for Appellant. Torrey Dennis Smith, for Appellee...immunity from liability for negligence while exercising its governmental function. Hibbs v. City of Riverdale, 267 Ga. 337...resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571(1...

...-2018 ANTHONY BLUE, Plaintiff, v. CITY OF NEW YORK, JOLT MENA, ANDRE WILLIAMS, ROBERT YARBOROUGH, ADAM TEGAN, MICHAEL MORALES, ROBERT DELBUSTO, DENNY ACOSTA, and STEVEN...may not accrue until the wrong becomes apparent." Singleton v. City of New York, 632 F.2d 185, 192-93 (2d Cir. 1980... 795-96; see also Taylor v. City of New York, No. 03 CV 6477(RLC), 2006 WL 1699606, at *8 (S.D....

... CITY OF ATLANTA v. DEMITA. Davene Dashawn Walker, Torrey Dennis Smith, Cathy Hampton, for Appellant. Samuel Lydell Starks, for Appellee...judgment or conclusion reached by the municipal authority in the exercise of a governmental function.”) (citations omitted); Albertson v. City....). City of Atlanta v. Kleber, 285 Ga. 413, 418–419(3), ...

..., No. 04 Civ. 3079, 2013 WL 84896, at *6 (E.D.N.Y. Jan. 7, 2013); Fera v. City of Albany, 568 F.Supp.2d 248, 261–62... Krittika BISWAS, Plaintiff, v. The CITY OF NEW YORK, et al., Defendants. Ravi Batra, Todd Brian Sherman, The Law Firm of Ravi Batra... Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir.2002); see also Bertuglia v. ...

... Douglas HIGGINBOTHAM, Plaintiff, v. CITY OF NEW YORK, Police Officer Curtis Sylvester, Shield 5060, Police Sergeant Christophe Tomlinson, Shield 3686, Police Captain John Doe....” Jenkins v. City of N.Y., 478 F.3d 76, 84 (2d Cir.2007). To establish such a claim, “a plaintiff must show that ‘(1) the defendant intended to confine him or....’ ” Holland v. City of Poughkeepsie, 90 A.D.3d 841, 844...

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