Cases

Mitchell v City of New York (2025 NY Slip Op 05157) Mitchell v City of New York 2025 NY Slip Op 05157 Decided on September 25, 2025 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Mitchell v City of New York (2019 NY Slip Op 01149) Mitchell v City of New York 2019 NY Slip Op 01149 Decided on February 14, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pu

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the City of New York, the appeal is from an order of the Supreme Court, Kings County (Ffau, J.), entered October 11, 2012, which granted the petition. Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied. In determining whether to grant a petiti

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the City of New York, the appeal is from an order of the Supreme Court, Kings County (Ffau, J.), entered October 11, 2012, which granted the petition. Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the petition is denied. In determining whether to grant a petiti

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the City of New York, the petitioner appeals from an order of the Supreme Court, Kings County (Jimenez-Salta, J.), dated September 12, 2014, which denied the petition and, in effect, dismissed the proceeding. Ordered that the order is reversed, on the facts and in the exercise of dis

On December 22, 2008, at approximately 12:30 p.m., the defendant Richard M. Colucci, a New York City Folice Department Detective, was driving eastbound in the right lane on the Belt Parkway in Queens County in the course of his employment. At that time, the decedent, Michael D. Mitchell, was attempting to enter the parkway on an entrance ramp. At his deposition, *1069Colucci testified that in ord

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Miller, J.), entered November 30, 2009, which denied the petition and dismissed the proceeding. Ordered that the order is affirmed, with costs. The Supreme Court providently exercised its discretion in denying the petition for leave to serve a

Mitchell v City of New York (2025 NY Slip Op 06700) Mitchell v City of New York 2025 NY Slip Op 06700 Decided on December 3, 2025 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered July 22, 2005, which denied the cross motion of defendants Battery Park City Authority and Battery Park City Parks Conservancy Corporation for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint as against them dismissed. The Clerk is directed to enter judgment accordingly. Plaintiff was working as a security guard a

In a proceeding pursuant to CPLR article 78 to review certain assessments on the petitioner’s property pursuant to Administrative Code of City of NY § 17-151, the City of New York Department of Health and Mental Hygiene appeals from a judgment of the Supreme Court, Kings County (Jacobson, J.), dated November 24, 2003, which granted the petition and vacated the assessments. Ordered that the judgment is reversed, on the law, with costs, t

OPINION OF THE COURT Carl O. Callender, J. This illegal lock-out claim basically raises the question of whether city policy overrides the statutory and case law requirements regarding unlawful evictions. The respondent City of New York essentially contends that if an abandonment case has been made according to city policy that is an efficient basis for taking over the apartment, changing the lock and refusing

Order of the Supreme Court, New York County (Harold Tompkins, J.), entered on April 18, 1986, which denied both plaintiffs motion to strike defendant’s answer and defendant’s cross motion to dismiss the complaint for failure to comply with General Municipal Law § 50-e, is unanimously modified, on the law and facts, solely to the extent of granting defendant’s cross motion, and otherwise affirmed, without costs or disbursements. On January

*75 WINTER, Circuit Judge: Melinda Mitchell and Harvey Mitchell— we will refer to them as Melinda and Harvey because they are not related—along with other similarly situated ■ individuals, appeal from: Judge Kaplan’s dismissal of their complaint on a grant of summary judgment to appellees. We hold that the

Determination of respondent New York City Housing Authority (NYCHA), dated December 19, 2012, which denied petitioner’s grievance seeking succession rights as a remaining family member to the tenancy of her late mother, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Tanya R. Kennedy, J.], ente

Judgment, Supreme Court, Bronx County (George R. Villegas, J.), entered on or about August 18, 2010, denying the petition to annul respondent’s determination, dated February 22, 2010, which found petitioner guilty of assaulting three corrections officers and imposed a penalty of 90 days in solitary confinement and restitution of $100, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the j

MEMORANDUM & ORDER JOHNSON, Senior District Judge: James Mitchell (“Plaintiff’ or “Mitchell”) filed suit against his employer, the New York City Transit Authority (“Defendant” or “TA”), alleging discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. § 12112, et seq. (“ADA”). Presently before the Court is Defendant’s motion for summary judgment. For the follow

Determination of respondent New York City Housing Authority (NYCHA), dated July 25, 2012, which denied petitioner’s grievance seeking succession rights as a remaining family member to the tenancy of her late grandmother, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alexander W. Hunter, Jr.,

Determination of respondent New York City Housing Authority, dated December 19, 2012, which, after a hearing, denied petitioner succession rights as a remaining family member to the tenancy of her late mother, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Shlomo Hagler, J.], entered December

In consolidated negligence actions to recover damages for personal injuries, defendant City of New York appeals from an order of the Supreme Court, Kings County, dated August 21, 1972, which denied its motion for leave to amend its answer to the complaint of plaintiff William Mitchell,- without prejudice to renewal at Trial Term. Order reversed, without costs, and motion granted. The amended answer must be served within 20 days after entry of the order to b

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 8, 2013, granting the petition, brought pursuant to CPLR article 78, seeking to annul the determination of respondent, New York City Department of Housing Preservation and Development (HPD), dated August 22, 2011, to evict petitioner from an apartment in a Mitchell-Lama building, unanimously affirmed, without costs.