Sweeney v. Bruckner Plaza Associates, SSD 19

Decision Date05 May 2009
Docket NumberNo. SSD 19,SSD 19
Citation12 N.Y.3d 832,908 N.E.2d 918
PartiesDelvin SWEENEY, Respondent, v. BRUCKNER PLAZA ASSOCIATES, et al., Appellants, JNS Recovery Corp., et al., Defendants.
CourtNew York Court of Appeals Court of Appeals

Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.

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5 cases
  • Lugo v. Purple & White Markets, Inc., Index No. 300682/2008
    • United States
    • United States State Supreme Court (New York)
    • March 30, 2011
    ...inferences are possible." Sweeney v. Bruckner Plaza Assoc., 57 A.D.3d 347, 348, 869 N.Y.S.2d 453, 454 (1st Dep't 2008), appeal dismissed, 12 N.Y.3d 832, 908 N.E.2d 918, 881 N.Y.S.2d 10 (2009). Accordingly, P&W failed to demonstrate prima facie entitlement to summary judgment.The White Rose ......
  • Montas v. JJC Constr. Corp.
    • United States
    • New York Supreme Court Appellate Division
    • February 23, 2012
    ...664 N.Y.S.2d 252, 686 N.E.2d 1346 [1997]; Sweeney v. Bruckner Plaza Assoc., 57 A.D.3d 347, 349, 869 N.Y.S.2d 453 [2008], appeal dismissed 12 N.Y.3d 832, 881 N.Y.S.2d 10, 908 N.E.2d 918 [2009] ). The jurors could reasonably have credited the testimony of plaintiff and his cousin, based on th......
  • Parlux Fragrances, LLC v. S. Carter Enters.
    • United States
    • New York Supreme Court Appellate Division
    • June 1, 2023
    ...a trier of fact to find for the nonmoving party" (Sweeney v Bruckner Plaza Assoc., 57 A.D.3d 347, 349 [1st Dept 2008], appeal dismissed 12 N.Y.3d 832 [2009]). Plaintiffs' main assertions do not actually focus on the irrationality of the verdicts. Rather, plaintiffs contend that the court di......
  • Ryals v. N.Y. City Transit Auth.
    • United States
    • New York Supreme Court Appellate Division
    • December 21, 2010
    ...664 N.Y.S.2d 252, 686 N.E.2d 1346 [1997]; Sweeney v. Bruckner Plaza Assoc., 57 A.D.3d 347, 349, 869 N.Y.S.2d 453 [2008], appeal dismissed 12 N.Y.3d 832, 881 N.Y.S.2d 10, 908 N.E.2d 918 [2009] ). That the bus stop was located directly in front of the supermarket and was occupied by an 18-whe......
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