Schwartz motion in New York

2014Corp. v Town of Hempstead, 85 AD3d at 1039 ; United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc. v Young Men’s & Young Women’s Hebrew Assn., Inc., 30 AD3d at 505 ).

2014Corp. v Town of Hempstead, 85 AD3d at 1039 ; United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc. v Young Men’s & Young Women’s Hebrew Assn., Inc., 30 AD3d at 505 ).

2014Furthermore, that branch of Schwartz’s motion which was pursuant to CPLR 510 (1) to change venue based on an allegedly improper county was untimely made, as it was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Kallas v Costello, 90 AD3d 997 [2011]; Wilkerson v 134 Kitty’s Corp., 49 AD3d 718 [2008]).

2014Furthermore, that branch of Schwartz’s motion which was pursuant to CPLR 510 (1) to change venue based on an allegedly improper county was untimely made, as it was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Kallas v Costello, 90 AD3d 997 [2011]; Wilkerson v 134 Kitty’s Corp., 49 AD3d 718 [2008]).

2014A motion to change venue on discretionary grounds, unlike motions made as of right, must be made in the county in which the action is pending, or in any county in that judicial district, or in any adjoining county (see CPLR 2212 [a]; Voorhees v Babcock & Wilcox Corp., 150 AD2d 677 [1989]; Matter of D.M.C.

2014A motion to change venue on discretionary grounds, unlike motions made as of right, must be made in the county in which the action is pending, or in any county in that judicial district, or in any adjoining county (see CPLR 2212 [a]; Voorhees v Babcock & Wilcox Corp., 150 AD2d 677 [1989]; Matter of D.M.C.

2014Corp. v Town of Hempstead, 85 AD3d at 1039 ; United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc. v Young Men’s & Young Women’s Hebrew Assn., Inc., 30 AD3d at 505 ).

2014Corp. v Town of Hempstead, 85 AD3d at 1039 ; United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc. v Young Men’s & Young Women’s Hebrew Assn., Inc., 30 AD3d at 505 ).

2014Furthermore, that branch of Schwartz’s motion which was pursuant to CPLR 510 (1) to change venue based on an allegedly improper county was untimely made, as it was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Kallas v Costello, 90 AD3d 997 [2011]; Wilkerson v 134 Kitty’s Corp., 49 AD3d 718 [2008]).

2014Furthermore, that branch of Schwartz’s motion which was pursuant to CPLR 510 (1) to change venue based on an allegedly improper county was untimely made, as it was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Kallas v Costello, 90 AD3d 997 [2011]; Wilkerson v 134 Kitty’s Corp., 49 AD3d 718 [2008]).

1978A COMPARISON OF THE CLAIM IN THE COURT OF CLAIMS AND THE FEDERAL ACTION It is important for the Schwartz test (Schwartz v Public Administrator, 24 NY2d 65 , supra) to examine the differences between the claim filed in this court and the complaint and trial in the Federal court.

1978A COMPARISON OF THE CLAIM IN THE COURT OF CLAIMS AND THE FEDERAL ACTION It is important for the Schwartz test (Schwartz v Public Administrator, 24 NY2d 65 , supra) to examine the differences between the claim filed in this court and the complaint and trial in the Federal court.

1977Co.], 36 NY2d 750, 752 ; Matter of Raisler Corp. [New York City Housing Auth.], 32 NY2d 274, 279 .) Next, our attention is drawn to what it is argued are the several substantial infirmities and deficiencies in the arbitration proceeding, very much along the lines of a Schwartz analysis.

1977Co.] , 36 N.Y.2d 750, 752 ; Matter of Raisler Corp. [New York City Housing Auth.] , 32 N.Y.2d 274, 279 .) Next, our attention is drawn to what it is argued are the several substantial infirmities and deficiencies in the arbitration proceeding, very much along the lines of a Schwartz analysis.

1977Co.], 36 NY2d 750, 752 ; Matter of Raisler Corp. [New York City Housing Auth.], 32 NY2d 274, 279 .) Next, our attention is drawn to what it is argued are the several substantial infirmities and deficiencies in the arbitration proceeding, very much along the lines of a Schwartz analysis.

1977Co.] , 36 N.Y.2d 750, 752 ; Matter of Raisler Corp. [New York City Housing Auth.] , 32 N.Y.2d 274, 279 .) Next, our attention is drawn to what it is argued are the several substantial infirmities and deficiencies in the arbitration proceeding, very much along the lines of a Schwartz analysis.

2006Socy. of U.S., 299 AD2d 108, 115 [2002], lv denied 99 NY2d 508 [2003]; cf. Williamson v PricewaterhouseCoopers LLP, 32 AD3d 179 [2006]), namely, deals for the leasing, sale or repurchase of space in the 80 West End Avenue building. 2 That TWU had acquired 80 West End Avenue in the Exchange Transaction constitutes nothing more than an “incidental . . . connection]” (Dignelli v Berman, 293 AD2d at 565 ) insufficient to warrant application of the continuous representation doctrine.

2006Socy. of U.S., 299 AD2d 108, 115 [2002], lv denied 99 NY2d 508 [2003]; cf. Williamson v PricewaterhouseCoopers LLP, 32 AD3d 179 [2006]), namely, deals for the leasing, sale or repurchase of space in the 80 West End Avenue building. 2 That TWU had acquired 80 West End Avenue in the Exchange Transaction constitutes nothing more than an “incidental . . . connection]” (Dignelli v Berman, 293 AD2d at 565 ) insufficient to warrant application of the continuous representation doctrine.

2001The plaintiff is not required to pursue his enforcement remedies at law prior to bringing an action to set aside a fraudulent conveyance (see, Brown v Kimmel, 68 AD2d 896 ).

2001In order to cut off the plaintiffs lien, the Schwartz defendants “must have no knowledge of the outstanding lien and win the race to the recording office” (Goldstein v Gold, 106 AD2d 100, 101-102 , affd 66 NY2d 624 ).

2001In order to cut off the plaintiffs lien, the Schwartz defendants “must have no knowledge of the outstanding lien and win the race to the recording office” (Goldstein v Gold, 106 AD2d 100, 101-102 , affd 66 NY2d 624 ).

2001Assocs. v Karam Developers, supra).

2001In order to cut off the plaintiffs lien, the Schwartz defendants “must have no knowledge of the outstanding lien and win the race to the recording office” (Goldstein v Gold, 106 AD2d 100, 101-102 , affd 66 NY2d 624 ).

2001In order to cut off the plaintiffs lien, the Schwartz defendants “must have no knowledge of the outstanding lien and win the race to the recording office” (Goldstein v Gold, 106 AD2d 100, 101-102 , affd 66 NY2d 624 ).

1997As set forth in the complaint, bill of particulars and other submissions in opposition to defendant Schwartz’s motion to dismiss, plaintiffs’ allegations, which we must accépt *610 as true and accord every possible favorable inference therefrom (s ee, Leon v Martinez, 84 NY2d 83, 87-88 ), would establish the following facts.

1997The Appellate Division affirmed for the same reason ( 207 AD2d 541 ).

1988However, the court further held that the above rule is inapplicable where it is alleged that one spouse has caused the death of the other, and it therefore denied Mr. Schwartz’s motion to dismiss with respect to the second cause of action and ordered a hearing on the issue of the alleged culpability of Mr. Schwartz in this regard (see, Matter of Schwartz, 133 Misc 2d 1064 ).

1983Therefore, the issue resolved in Food Pageant (supra) was a discrete one and, having been resolved against Con Ed in that case, the factual determination may be used against Con Ed in the case at bar if the second prong of the Schwartz test has been met.

1983Therefore, the issue resolved in Food Pageant (supra) was a discrete one and, having been resolved against Con Ed in that case, the factual determination may be used against Con Ed in the case at bar if the second prong of the Schwartz test has been met.

1983Con Ed argues not only that plaintiff has failed to meet the Schwartz test for identity of issue and for a full and fair opportunity to previously litigate the issue, but also that such preclusive effect would deprive it of its constitutional right to due process of the law because the adversarial system is inescapably flawed (citing Parklane Hosiery Co. v Shore, 439 US 322 ; Blonder-Tongue v University Foundation, 402 US 313 ).

1983Con Ed argues not only that plaintiff has failed to meet the Schwartz test for identity of issue and for a full and fair opportunity to previously litigate the issue, but also that such preclusive effect would deprive it of its constitutional right to due process of the law because the adversarial system is inescapably flawed (citing Parklane Hosiery Co. v Shore, 439 US 322 ; Blonder-Tongue v University Foundation, 402 US 313 ).

1983Con Ed argues not only that plaintiff has failed to meet the Schwartz test for identity of issue and for a full and fair opportunity to previously litigate the issue, but also that such preclusive effect would deprive it of its constitutional right to due process of the law because the adversarial system is inescapably flawed (citing Parklane Hosiery Co. v Shore, 439 US 322 ; Blonder-Tongue v University Foundation, 402 US 313 ).

1983Con Ed argues not only that plaintiff has failed to meet the Schwartz test for identity of issue and for a full and fair opportunity to previously litigate the issue, but also that such preclusive effect would deprive it of its constitutional right to due process of the law because the adversarial system is inescapably flawed (citing Parklane Hosiery Co. v Shore, 439 US 322 ; Blonder-Tongue v University Foundation, 402 US 313 ).

1978In White v Lunder ( 66 Wis 2d 563, 574 ) and Victorson v Milwaukee & Suburban Transp.

1978In White v Lunder ( 66 Wis 2d 563, 574 ) and Victorson v Milwaukee & Suburban Transp.