Cases

20-4238 Melendez v. City of New York In the United States Court of Appeals for the Second Circuit AUGUST TERM 2020 No. 20-4238-cv MARCIA MELENDEZ, JARICAN REALTY INC., 1025 PACIFIC LLC, LING YANG, TOP EAST REALTY LLC, HAIGHT TRADE LLC, ELIAS BOCHNER, 287 7TH AVENUE REALTY LLC, Plaintiffs-Appellants,

Melendez v City of New York (2020 NY Slip Op 02181) Melendez v City of New York 2020 NY Slip Op 02181 Decided on April 2, 2020 Appellate Division, First Department Published by New York State Law Reporting Bureau pursua

Melendez v City of New York (2019 NY Slip Op 02964) Melendez v City of New York 2019 NY Slip Op 02964 Decided on April 18, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursu

Melendez v New York City Tr. Auth. (2022 NY Slip Op 02628) Melendez v New York City Tr. Auth. 2022 NY Slip Op 02628 Decided on April 21, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered on or about July 1, 2009, which, in an action for personal injuries sustained when the 13-year-old plaintiff fell off the ledge at the top of a waterfall in a park owned by defendant City, after a trial on the issue of liability, granted defendant’s motion to set aside the verdict and for judgment in its favor as a matter of law, unanimously affirmed, without costs. The

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Kelly, J), entered January 28, 2009, as, upon the granting of the motion of the defendants City of New York, Department of Environmental Protection, Bureau of Water Energy and Conservation, and New York State Housing Preservation and Development Corp. pursuant to CPLR 4401, made at the close

Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered October 24, 2002, upon a jury verdict, which awarded plaintiff damages, unanimously reversed, on the law, the facts and in the exercise of discretion, the answer reinstated, and the matter remanded for a new trial. Appeal from judgment, same court (Stanley Green, J.), entered July 6, 2001, unanimously dismissed, without costs, as superseded by the appeal from the subsequent judgment.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered July 30, 2004, which granted defendant building owner’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff’s admission that she never saw what it was that caused her to slip renders her claim that it was food debris, a condition she had observed in the stairwell on previous visits to the building, mere speculation. In any ev

—In an action to recover damages for personal injuries, the defendants City of New York and New York City Police Department appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated May 19, 1998, which granted the plaintiffs motion for leave to amend the complaint to add a cause of action to recover damages under General Municipal Law § 205-e, and denied their cross motion, inter alia, to vacate the default judgment entered agains

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about September 24, 1996, which, insofar as appealed from, granted plaintiff’s motion to dismiss the municipal defendants’ fourth affirmative defense of the Statute of Limitations and denied defendants’ cross-motion for leave to amend that affirmative defense, unanimously reversed, on the law, without costs, the motion to dismiss the affirmative defense denied with leave to renew follow

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 5, 1995, as, upon vacatur of their default in answering a calendar call and upon reargument, denied that branch of their application which was for leave to serve a late notice of claim. Ordere

—Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about June 8, 2001, which, in an action for personal injuries sustained when plaintiff fell on a stairway in defendant’s premises, denied defendant’s motion to strike certain claims contained in plaintiffs’ bill of particulars, unanimously modified, on the law, to strike so much of the bill of particulars as alleges that defendant (1) negligently hired, trained, retained and supervised other

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered December 14, 1999, which, in an action for defamation and discriminatory termination of employment in violation of Labor Law § 201-d (2) (a), granted defendants’ motion for summary judgment dismissing the complaint to the extent of dismissing the Labor Law cause of action, unanimously modified, on the law, to reinstate the Labor Law cause of action, and otherwise affirmed, without cost

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered January 21, 1997, which denied defendants’ motion to dismiss the complaint as time barred, unanimously modified, on the law, to dismiss plaintiffs’ second cause of action, and otherwise affirmed, without costs. Plaintiffs assert that they were wrongfully terminated from their positions at the Department of Social and Community Services based on false allegations, pub

Judgment, Supreme Court, Bronx County (Lewis R. Fried*461man, J.), entered November 8, 1991, which, after a jury trial, awarded plaintiff Orlando Melendez a total of $469,624.28, unanimously reversed, on the law and on the facts, the judgment vacated, and the matter remanded for a new trial, without costs or disbursements. On August 3, 1984, plaintiff, then 16, allegedly fell and br

The People of the State of New York, againstRoberto Melendez, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ann E. Scherzer, J.), rendered July 23, 2015, after a jury trial, convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle while ability impaired, and imposing sentence

OPINION OF THE COURT Kassal, J. The issue is whether, under the facts of this case, the court properly directed disclosure of: (1) testimony presented to the Grand Jury by the plaintiff and his wife, (2) testimony given by a police officer employed by defendant City of New York, and (3) a statement by the police officer tape-recorded by the District Attorney’s office in connection with the Grand Jury proceedi

Determination of New York City Department of Housing Preservation and Development (HPD), dated June 16, 2009, which, after a hearing, terminated petitioner’s Section 8 subsidy on the ground that she failed to report all earned income in her annual re-certification packages, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Eileen A.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Bernard E Pierorazio, Interim Superintendent of the Yonkers Public Schools, dated September 7, 2005, which adopted the recommendation of a hearing officer, dated August 26, 2005, made after a hearing, finding that the petitioner was guilty of two charges of misconduct and insubordination and terminating his employment. Adjudged that the petition is grante

OPINION OF THE COURT Memorandum. The order of the Appellate Division should be affirmed. Defendant’s claim that the trial court erred in not unequivocally conveying to the jury that the People were required to disprove defendant’s alibi defense beyond a reasonable doubt (see People v Victor, 62 NY2d 374 [1984]) is unpreserved. During the charge conference,