Legal Opinion

DeMeo v. City of Albany

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 2009PublishedCited by 10 opinions

1Opinion of the CourtMalone Jr., J.

Appeal from a judgment of the Supreme Court (Connolly, J.), entered July 8, 2008 in Albany County, which, in a proceeding pursuant to CPLR 3102 (c), among other things, denied the cross motion of respondent Phlip’N Spill, Inc. to vacate a prior order of the court.

In December 2006, petitioner was allegedly injured in a assault that was purportedly captured on various video cameras in the area, including those owned and operated by respondent Phlip’N Spill, Inc. (hereinafter respondent). In an effort to preserve the recordings, petitioner commenced this proceeding by order to show cause and…

2Cases cited5 opinions

  1. Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
  2. Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
  3. Von Thaden v. S.J. Groves & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Benware v. SchoenbornAppellate Division of the Supreme Court of the State of New York · 1993
  5. Mastroianni v. Rallye Glen CoveAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by10 opinions

  1. Caci v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  2. Carver Federal Savings Bank v. Shaker Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  3. DeMeo v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Dunn v. PallettAppellate Division of the Supreme Court of the State of New York · 2009
  5. Lovelace v. RPM Ecosystems Ithaca, LLCAppellate Division of the Supreme Court of the State of New York · 2015

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