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Betsy Meyer Associates, Inc. v. Lorber

Document Cited authorities 2 Cited in 17 Precedent Map Related
Decision Date24 July 2007
Docket Number2006-06658.
Citation838 N.Y.S.2d 914,2007 NY Slip Op 06215,42 A.D.3d 509
PartiesBETSY MEYER ASSOCIATES, INC., Respondent, v. HOWARD M. LORBER, Appellant, et al., Defendants.
CourtNew York Supreme Court — Appellate Division

42 A.D.3d 509

838 N.Y.S.2d 914

2007 NY Slip Op 06215

BETSY MEYER ASSOCIATES, INC., Respondent, v. HOWARD M. LORBER, Appellant, et al., Defendants.

2006-06658.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 24, 2007.

In an action, inter alia, to foreclose a mechanic's lien, the defendant Howard M. Lorber appeals from a judgment of the Supreme Court, Suffolk County (Baisley, J.), entered June 29, 2006, which, upon an order of the same court dated March 31, 2005, granting the plaintiff's oral motion for leave to enter a default judgment and denying his motion, in effect, to dismiss the complaint, and after an inquest on the issue of damages, is in favor of the plaintiff and against him in the principal sum of $35,348.

Ordered that the judgment is affirmed, with costs.

Upon review of a determination rendered after a nonjury trial, this Court's authority "is as broad as that of the trial court," and this Court may "render the judgment it finds warranted by the facts, taking into account in a close case `the...

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5 cases
  • Ng v. Neng
    • United States
    • New York Supreme Court — Appellate Division
    • July 11, 2012
    ...to disturb the Supreme Court's award of damages to the plaintiff in the principal sum of $375,500 ( see Betsy Meyer Assoc., Inc. v. Lorber, 42 A.D.3d 509, 509, 838 N.Y.S.2d 914;see also Bellizzi v. Huntley Estates, 3 N.Y.2d 112, 115, 164 N.Y.S.2d 395, 143 N.E.2d 802;Ferreira v. Saccento, 28......
  • Perez v. Fiore
    • United States
    • New York Supreme Court — Appellate Division
    • November 30, 2010
    ...v. Pestano, 71 A.D.3d 1074, 1075, 899 N.Y.S.2d 269; Melius v. Breslin, 46 A.D.3d 524, 525, 846 N.Y.S.2d 645; Betsy Meyer Assoc., Inc. v. Lorber, 42 A.D.3d 509, 838 N.Y.S.2d 914). In this partition action, the referee's conclusion that the plaintiff was entitled to receive, from the proceeds......
  • Jones v. State
    • United States
    • New York Supreme Court — Appellate Division
    • January 14, 2015
    ...492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; see Melius v. Breslin, 46 A.D.3d 524, 525, 846 N.Y.S.2d 645 ; Betsy Meyer Assoc., Inc. v. Lorber, 42 A.D.3d 509, 838 N.Y.S.2d 914 ). While the State has a "nondelegable duty to maintain its roads in a reasonably safe condition" ( Friedman v. Stat......
  • Perriello v. State
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 2013
    ...492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809;see Melius v. Breslin, 46 A.D.3d 524, 525, 846 N.Y.S.2d 645;Betsy Meyer Assoc., Inc. v. Lorber, 42 A.D.3d 509, 509, 838 N.Y.S.2d 914). Here, the Court of Claims' determination, including its conclusion that the New York State Police investigator wh......
    • Request a trial to view additional results

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