Cases

People v Gil (2021 NY Slip Op 03069) People v Gil 2021 NY Slip Op 03069 Decided on May 12, 2021 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

OSTRER, J.A.D., concurring. I concur in the court’s judgment and join in all but part 111(A)(2) of its opinion. This is an insurance coverage case. The issue before the court is whether Dr. Copur was an insured under any of Clara Maass’s policies. These policies covered employees, but not independent contractors off the payroll. So, the task turned to ascertaining whether Dr. Copur was an “employee.”

*892The parties previously have been before this Court on appeals in prior, related proceedings and actions, and the relevant procedural history is set forth in this Court’s most recent decision and order dated September 21, 2010 (see Matter of Ram v Hershowitz, 76 AD3d 1022 [2010]; see also Matter of Fontani v Hershowitz, 12 AD3d 672 [2004]; Fontani v Hershowitz, 12 AD3d

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4034-14T4 KEYKO GIL, Individually and as Guardian ad Litem for the APPROVED FOR PUBLICATION infant KENNETH GIL, June 19, 2017 Plaintiffs-Appellants,

In a proceeding, in effect, pursuant to CPLR article 52 to enforce a money judgment by, inter alia, imposing an equitable lien against certain real property, the petitioner appeals from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated September 23, 2009, as, in effect, denied the petition and dismissed the proceeding, and Miriam Hershowitz cross-appeals from so much of the same order as denied that branch of her cross motion whi

Opinion VOGEL (Miriam A.), J. Penal Code section 270 makes it a misdemeanor for the parent of a minor child to “willfully omit[], without lawful excuse,” to provide the necessities of life for his child.1 The statute says that proof of the parent’s failure to provide the required care is prima facie evidence that the failure to provide was willful and without lawful excuse. (§ 270.)

398 F.3d 1 Pedro J. ROSSELLÓ-GONZÁLEZ; Luis Fortuño; Miriam Ramírez; Nanette Guevara; Arnold Gil-Caraballo; Larry Seilhamer; José Sánchez; Juan F. Ramírez and Javier Rodríguez-Horta, Plaintiffs, Appellees,v.Sila M. CALDERÓN-SERRA, individually and in her capacity as Governor of Puerto Rico; Aníbal Acevedo-Vilá; The Incoming Government Transition Committee; Gerardo A. Cruz, individually

55 Cal.App.4th 1546 (1997) WALTER L. GORDON III, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. B109127. Court of Appeals of California, Second District, Division One. June 26, 1997. *1548 COUNSEL Walter L. Gordon III, in pro. per., for Petitioner.

En el Tribunal Supremo de Puerto Rico Francisco Rebollo López Recurrido Certiorari V. 99 TSPR 99 Ivonne Gil Bonar Recurrente Número del Caso: CC-1999-0220 Abogados de la Parte Recurrente: Cruz Rosario & Méndez Ondina Lcda. Diana Méndez Ondina Lcda. Carmen Pilar Cruz Rosario Abogada de

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered September 20, 1996, which, in an action for dental malpractice and breach of contract, denied defendant’s motion for summary judgment, unanimously modified, on the law, to dismiss the cause of action for breach of contract, and otherwise affirmed, without costs. Issues of fact exist precluding summary judgment, including whether the bone spicule, infection and nerve damage o

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 261 OPINION Christopher Lepte Ervin was convicted by jury of burglary and forcible rape, with a finding that the rape was committed *Page 262 during a residential burglary (Pen. Code, § 667.61, subd. (b)),

LYNCH, Circuit Judge. This is an appeal from a conviction for a carjacking which resulted in the owner of the car being shot to death in front of his wife and son in the carport of their home in Puerto Rico. Jose Cruz-Kuilan, age 20 at the time of the crime, was convicted of violating 18 U.S.C. § 2119(3), the carjacking statute, and 18 U.S.C. § 2, aiding and abetting in the same

992 F.Supp. 511 (1997) UNITED STATES of America, Plaintiff, v. Yamil H. KOURI-PEREZ (01); Jeannette Sotomayor-Vazquez (02); Angel L. Corcino-Mauras (03); Julio R. Corcino-Mauras (04); Juan E. Rizek-Nassar (05); Rafael A. Rizek-Nassar (06); Milagros Garcia-Leon (07); Armando Borel-Barreiro (08), Defendants. No. Crim. 97-091(JAF). United States District Court, D. Puerto Rico. Dec

JOHNSON, Justice, dissenting. I respectfully dissent from the Court’s opinion. In my view, the portions of Gil Wick’s March 9, 1990, affidavit quoted in the Court’s opinion do not raise a genuine issue of material fact as to whether Eismann provided legal representation to Wick in his individual capacity. The most that can be said from reading

In a proceeding, in effect, pursuant to CPLR article 52 to enforce a money judgment by, inter alia, imposing a constructive trust on certain real property, the petitioner appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated December 4, 2014, which denied the petition. Ordered that the order is affirmed; and it is further, Ordered that the peti

992 F.Supp. 502 (1998) UNITED STATES of America, Plaintiff, v. Yamil H. KOURI-PEREZ (01); Jeannette Sotomayor-Vazquez (02); Angel L. Corcino-Mauras (03); Julio R. Corcino-Mauras (04); Juan E. Rizek-Nassar (05); Rafael A. Rizek-Nassar (06); Milagros Garcia-Leon (07); Armando Borel-Barreiro (08); Edgardo Rosario-Burgos (09), Defendants. No. Crim. 97-091(JAF). United States District Court, D. Puerto Rico.

OPINION AND ORDER FUSTE, District Judge. Codefendant Yamil H. Kouri-Perez (“Komi”) filed a motion for a change of venue predicated on adverse pretrial publicity, on June 10, 1997, Docket Document No. 69, joined by codefendant Angel L. Corcino Mauras on June 18, 1997, Docket Document No. 79, and opposed by the government on July 8, 1997, Docket Document No. 99, and by cod

LYNCH, Circuit Judge. Three armed men dressed in security guard uniforms held up the Loomis, Fargo & Co. armored car depot in Ponce, Puerto Rico,' on May ' 13, 1997, while a fourth robber stood watch outside. The robbers took the Loomis Fargo guards captive as they returned to the company’s offices in armored vehicles from runs to area banks. All told, the robbers got away w

LYNCH, Circuit Judge. Cocaine trafficking in Puerto Rico resulted in the criminal convictions of the three appellants, who raise issues primarily as to the conduct of their trials. Two issues — the exclusion of expert evidence attempting to establish an insanity defense based on Post-traumatic Stress Disorder claimed to have resulted from military service in Vietnam and the prose

United States Court of Appeals For the First Circuit Nos. 06-1448, 06-1449, 06-1450 HON. PEDRO J. ROSSELLÓ-GONZÁLEZ; LUIS FORTUÑO; MIRIAM RAMÍREZ; NANETTE GUEVARA; ARNOLD GIL-CARABALLO; LARRY SEILHAMER; JOSÉ SÁNCHEZ; JUAN F. RAMÍREZ; JAVIER RODRÍGUEZ-HORTA, Plaintiffs-Appellees/Cross-Appellants, v. ANÍBAL ACEVEDO-VILÁ; AURELIO GRACIA-MORALES, individually and in his capacity as President of the