Court of Appeals Decision List
Decided November 23, 2004
Cases
Thomas Knauer, Respondent, v. Diane L. Anderson, &c., et al., Defendants. --------------------------------- Diane L. Anderson, &c. et al., Third-Party Plaintiffs, and B.T.S. Services, Inc., Third-Party Respondent, v. Ronald A. Knauer, Jr., &c., Third-Party Appellant.	Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur. Judge Read dissents and votes to reverse in an opinion.
Jorge Largo-Chicaiza, Plaintiff, v. Westchester Scaffold Equipment Corp., et al., Defendants, Peter B. McCaffrey et al., Third-Party Appellants; Salvatore Sanzo, Third-Party Respondent.	Order reversed, with costs, and third- party complaint reinstated. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur. Judge Read dissents and votes to affirm in an opinion.
In the Matter of Michael M., A Person Alleged to be a Juvenile Delinquent, Appellant. ------------------ Presentment Agency, Respondent.	Order reversed, without costs, and petition dismissed. Opinion by Judge Read. Chief Judge Kaye and Judges G.B. Smith, Ciparick and Rosenblatt concur. Judge R.S. Smith dissents and votes to affirm in an opinion in which Judge Graffeo concurs.
Donna McGrath, et al., Respondents, v. Toys "R" Us, Inc., Appellant.	Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified questions one, three and four answered in the affirmative and certified question two not answered upon the ground that it has been rendered academic. Opinion by Judge Graffeo. Chief Judge Kaye and Judges G.B. Smith, Ciparick and Rosenblatt concur. Judge Read dissents in part and votes to answer certified question four in the negative in an opinion in which Judge R.S. Smith concurs.
The People &c., Respondent, v. Rene Resek, Appellant.	Order reversed and a new trial ordered. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges G.B. Smith and Ciparick concur. Judge Graffeo dissents and votes to affirm in an opinion in which Judges Read and R.S. Smith concur.
Aldo Rubeis, et al., Plaintiffs, v. The Aqua Club Inc., d/b/a V.I.P. Tennis & Beach Club, Ltd., et al., Defendants. --------------------------------- The Aqua Club, Inc., Third-Party Appellant, v. Venezia Iron Works, Inc., Third-Party Respondent.	Order reversed, with costs, and order of Supreme Court, Rockland County, reinstated. Opinion by Chief Judge Kaye. Judges Smith, Ciparick, Rosenblatt, Graffeo and Smith concur. Judge Read dissents and votes to affirm in an opinion.
The People &c., Respondent, v. John Waver, a/k/a John Weaver, Appellant.	Order reversed and a new trial ordered, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
In the Matter of Anonymous. For Admission to the Bar of the State of New York.	Motion for leave to appeal denied.
In the Matter of Samantha B. (Anonymous). Administration for Children's Services, Respondent; Carolina B. (Anonymous), Respondent; Dominic B. (Anonymous), Appellant. (Proceeding No. 1) --------------------------------- Matter of Jonathan B. (Anonymous) (Proceeding No. 2) --------------------------------- Matter of Dominic B. (Anonymous). (Proceeding No. 3) --------------------------------- Matter of Richard B. (Anonymous). (Proceeding No. 4) --------------------------------- Matter of Bryan B. (Anonymous). (Proceeding No. 5)	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
David R. Browne, &c., Appellant, v. GMRI, Inc., d/b/a Red Lobster No. 38, Respondent, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Calogero Caruso, et al., Respondents, v. Inhilco, Inc., Appellant; Triad Project Management, Inc., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Chandler Property, Inc., Appellant, v. Frank C. Trotta, &c., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Wilfredo Crespo, Respondent, v. Gricel A. Figueroa, Appellant.	Motion for leave to appeal denied.
Madeline Dempster, Respondent, v. Overview Equities, Inc., et al., Defendants, Island Helicopter Leasing Corp., et al., Appellants.	Motion for leave to appeal denied.
Ronald Holmes, Appellant, v. The New York City Housing Authority et al., Respondents.	Motion for reargument of motion for leave to appeal denied.
Nicole Jaycox, Appellant, v. Emerson C. Reid, M.D., et al., Respondents.	Motion, insofar as it seeks leave to appeal from that portion of the March 2004 Appellate Division order that dismissed so much of the appeal to that court as was from that part of Supreme Court's March 2003 order as denied appellant's motion for leave to reargue, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise granted.
In the Matter of Kevin Kennedy, Appellant, v. Hon. Leland DeGrasse, &c., et al., Respondents.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Glykeria Mallios, Appellant, v. B. Smith's Restaurant, Respondent.	Motion for leave to appeal denied.
Harry North, Respondent, v. Sonny G. Ostrow, Appellant.	Motion for reargument denied.
In the Matter of Angelo J. Ocasio Jr., Appellant, v. Sang Soo Kim et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
Thomas Riley, Appellant, v. State of New York, Respondent.	Motion for reargument denied. Motion for poor person relief dismissed as academic.
Jose Rodrigues et al., Plaintiffs, v. N & S Building Contractors, Inc., Appellant, et al., Defendant, Caldas Concrete Company, Inc. et al., Third-Party Respondents.	Motion for leave to appeal granted.
In the Matter of Diana Schmidt, Appellant. Commissioner of Labor, Respondent.	Motion for leave to appeal denied.
Scott, Stackrow & Company, C.P.A.'s, P.C., Appellant, v. Maryanne Skavina, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
17 East 89th Street Tenants, Inc., Respondent, v. Zion Tsabbar, Appellant.	Motion for reargument of motion for leave to appeal denied.
Sweeney, Cohn, Stahl & Vaccaro, &c., et al., Respondents, v. Amy Kane, Defendant, George Kane et al., Appellants.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
Sylvan Lawrence Company, Inc., Plaintiff, v. Downtown/Midtown Properties LLC, et al., Third-Party Respondents, v. Ninety-Five Wall Street Company, et al., Third-Party Appellants.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.