20 0 obj Your credits were successfully purchased. 17 0 obj PrintServer150 2013-04-25T17:01:25-04:00 Any such submission that is presented more than 30 days prior to the return date will not be accepted at that time. x+ | <> When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). x}N0suE% Counsel may also learn the results of the "call" by consulting the Law Journal. <> The papers should also have been timely served and be in compliance with the procedures of the Courtroom. 28 0 obj The Courtroom also maintains a "APB (All Papers By)" Calendar, which is used when a party seeks an adjournment but fails to comply with the Courtroom's procedures or there is a failure to comply with procedures that requires the clerk to adjourn the motion/application (e.g., failure to submit a Confirmation Notice or required working copies in an e-filed case). *Weve adopted it as such, its not ours. stream will be able to access it on trellis. 1000 001 pursuant to CPLR 3025 (b) for leave to amend the complaint to add 150 East 58 TH Street LLC ("150") and United Elevator Consultants, Inc. ("United") as party defendants. On occasion, attorneys may wish to make a motion in more than one case on a single set of papers. Papers to be Filed to Calendar Motions/Petitions: E-Filed Cases: In an e-filed case, all of the moving papers shall be e-filed at least eight business days prior to the return date. endstream We have designed this web site to provide useful information about our court and about the Office of the County Clerk of New York County (Hon. endstream Where in the narrow circumstances described by the e-filing rules a motion is made in hard-copy form or opposition papers are submitted in such form in an e-filed case, the hard-copy documents shall be submitted in the same way papers are submitted in non-e-filed cases, except that there shall be firmly affixed to each separate document or group of documents, as the back page facing out, a Notice of Hard Copy Submission - E-Filed Case. R. 34; Uniform R. 202.23 (adopted eff 2/1/21). County Clerk Record Room (60 Centre, Rm. endobj Follow Conspiracy Music Guru Here. The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse and pay the $ 45 fee (except where in a proper case the papers and fee are submitted by mail or express delivery service). 1 0 obj 451685/2020 nyscef doc. Prac. endobj Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. To the extent possible, motions submitted in Room 130 will be decided "on the papers." endstream endobj Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel a commercial arbitration or affirm or disaffirm a commercial arbitration award or seeks related injunctive relief where the agreement calls for the arbitration to be heard outside the United States. [DOCUMENT] Donald Caufield v. Consolidated Rail Corporation, American Premier Underwriters, Inc. fka The Penn Central Corp., individually and/or as successor-in-liability and/or interest to Penn Central Transportation Co., Pennsylvania RR, New York Central RR, Lehigh Valley RR Co., Erie-Lackawanna Railway Co., Erie-Lackawanna, Inc. [DOCUMENT] Davidoff Hutcher & Citron Llp v. Maria Del Pilar Nava Parada. 6 0 obj (Id. %PDF-1.6 Orders in Commercial Division cases are to be settled in the Commercial Division Support Office (Room 119 A)). There is no charge for the service. endobj <>/K 10/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> See E-Filing for information on the requirements of Justices in this regard. O(PQ^|Mer_!kN+Ay9p^ X "T$NI\/ RtwdKBpV89z[ `4?-0#y|JtN?N[X 90-u$(Q"WxAy} :xZv!1 WktAssMTMyiF2 S[16. endobj 18 0 obj 4 0 obj stream endobj endobj <>stream This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective (e.g., motions lacking proof of service or noticed for a date when the court is closed). SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK VALENTINO U.S.A., INC., Plaintiff, - against- 693 FIFTH OWNER LLC, Defendant. After the fraud of the century in the 2020 Election, the exact same issues and more showed up in 2022 and robbed Kari of her rightful seat as Governor of Arizona. Because hundreds of motions appear on the Room 130 calendars every day, motion papers (other than part of the moving papers as described above) cannot be accepted on any day prior to the return date. 3 0 obj 1 0 obj Gina Levy Abadi. All motions/proceedings brought on by notice of motion or notice of petition, in both assigned and unassigned cases, shall be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day at 9:30 A.M. Q Uniform Rule 202.70 (e) and (f) (2). 1st Judicial District - New York County Supreme Court, Civil Term , Department Part 14 Rm. K;i[J{ct}kMx/,Ml+lFDFasymR_lXE3 On November 28, 2018, this Court issued a decision and order granting Plaintiff's unopposed motion in seq. x \ endstream 11 0 obj If the clerks review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. Counsel should not contact Chambers for information about decisions and orders. <>stream As the Reyes v. Cuming (1997)decision noted, Without the proper signature of a registered voter on the outside, an absentee ballot is void and may not be counted.. 10 0 obj endobj There are two categories of exception. Send us a message on Facebook. 652605/2020 (NYSCEF Case) (Motion Seq. ADA accessibility: 60 Centre Street: /Producer <504446204D656C64202D20467954656B2C20496E632E2028687474703A2F2F7777772E667974656B2E636F6D29> <>/K 1/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> %PDF-1.6 /Subject <> endstream Decisions (other than those in matrimonial and Article 81 cases and cases under seal) are posted on the Supreme Court Records On-Line Library ("Scroll") on this website within a few business hours after recordation of data in the court's computer. The affidavit/affirmation must have been served before the date on which the request for adjournment is made. Satellite Facilities. % Kari Lake filed new paperwork and 779 pages of evidence in the Arizona Supreme Court today, appealing the lower courts' decisions to dismiss her lawsuit contesting the rigged 2022 Election.. Lake also filed a 'Motion To Expedite' her case, arguing that "e xpeditious action to resolve these issues is needed to safeguard Arizona voters' right to free and equal elections." <> 23 0 obj The On directions to settle or submit an order, see David D. Siegel & Patrick M. Connors, New York Practice Sect. x+ | (31 Chambers, 7th Fl.) % Plan of Greater N.Y., 7 N.Y.2d 56, 63 [1959]. 646-386-3770, County Clerk Record Room 26 0 obj endobj x+ | Uniform Rule 202.70 (b) (4), (5), (11), (12). << 22 0 obj %PDF-1.4 32 0 obj Kari Lake filed new paperwork and 779 pages of evidence in the Arizona Supreme Court today, appealing the lower courts decisions to dismiss her lawsuit contesting the rigged 2022 Election. Vineyard, 61 N.Y.2d 106, 112 [1984].) Obviously, the moving attorney must be counsel of record in the case in which the motion is being made. Other Justices determine on a case-by-case basis after submission in Room 130 whether to accept a particular substantive motion on submission, to require oral argument, or to hold a conference. <>stream Uniform Rule 202.70 (b). If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown. (Id. 8 0 obj x}=O0Wq EDM 43R(>RUY\.aK_T ;Gumt7k0v|vc+.Wc##. 25 0 obj This also created extremely long wait times, which prevented thousands of voters from even attempting to cast their ballots. 2 0 obj It shall thereupon make an order specifying such facts and they shall be deemed established for all purposes in the action. (Id. Defects noted by the clerk but not corrected by counsel may be brought to the attention of the assigned Justice. <>stream % ), If a motion for summary judgment is denied or is granted in part, the court, by examining the papers before it and, in the discretion of the court, by interrogating counsel, shall, if practicable, ascertain what facts are not in dispute or are incontrovertible. (Civ. xS*r endstream A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. 7 0 obj Erie County Public Administrator, As Administra, Robyn Grammatico, Louis Grammatico v. James R Lamar, Frank R Lamar Jr, Elm, Starryl Fechter, Paul Fechter v. Grand Island Transit Corporation, Rtw Pro, Petition for Issuance of Letters Rogatory. <> <>>>>> /Author <> If there is no compliance, the Clerk of the General Clerk's Office will mark the case submitted and refer it to the assigned Justice. xnFa@pHDuu-f+R6{E"^I9ss!#{w?a>?R.X4Sr3B X&An`%~xs W?H?gon^BOgWFVQ-d G>kH2f:UA~=#?H}B/| kG( If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. h//"]#:E _fAS.3h]{g?: N03CP]O %c*C;P8{CWG+Ndut# Second Circuit Court has ruled against New York state and will now allow the Senaca Nation's case against the state to go to court. endobj endstream ACCESSIBILITY (ADA) ABOUT THE COURT. endobj >> endobj x+ | 103) endobj Therefore, the court will not require counsel to file multiple sets of the same motion papers, including possibly numerous and lengthy affidavits, affirmations and briefs. We noticed that you're using an AdBlocker. Uncontested matrimonial matters do not require payment of the motion fee. Reply Affirmation in Further Support of Motion March 18, 2018: Docket Event: EXHIBIT(S) - 5 (Motion #007) SHOW YOUR SUPPORT and get your Kari Lake Won Shirt at THEGATEWAYPUNDITSTORE.COM, https://thegatewaypunditstore.com/collections/apparel/products/kari-lake-won-az-classic-tee. Where a briefing schedule has not been agreed upon, the movant can avoid the need to attend simply to see if anyone will hand up opposing papers by demanding papers as provided by CPLR 2214(b). Where counsel seeks to make a motion affecting more than one case using a single set of papers, the moving papers should bear only one caption and index number, that of the case in which the motion is being made, which may be the principal case of the group involved. Any appearing party is expected to give notice to all parties and an announcement to this effect is made in Room 130. x}N0{ud#"JBS3R(>kU.g{p_ 1|}op`/I; EV;[4M ^( RJIs and Case Assignment -- Commercial Division: Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2012 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). When the time to present a counter-order or counter-judgment has expired, the Order Section staff will review a submission. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted. <>stream 14 0 obj /Title <> endstream An attorney whose office is located outside the County of New York may submit to the General Clerk's Office by mail or express delivery service the notice of motion/petition, proof of service, and 202.7 affirmation/affidavit and the photocopy thereof, together with the motion fee ($45) in the form of a money order or attorney's check (a law firm or Esq. stephanie torre . 10 39 0 obj << /Length 1 >> New York County Courthouse 60 Centre Street New York, NY 10007 646-386-3600. endobj endobj xn0yI(Jak5AhD! m;(? Self-represented parties, however, are not required to e-file unless they choose to do so and if not participating do not have to attach the Notice of Hard Copy Submission. <>/FirstChar 32/LastChar 121/Widths[278 0 0 0 0 0 0 0 0 0 0 0 0 0 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 722 0 722 0 0 0 0 0 0 0 0 0 0 0 0 667 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 611 556 611 556 0 0 0 278 0 0 278 889 0 611 0 0 389 0 333 611 556 778 0 556]>> *dKTF-~v$OmA~}- <>/K 7/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 4 endobj <>stream <>stream endstream endstream endstream 10 0 obj /BaseFont /Helvetica County. endobj <>/K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> The same process should be followed with cross-motions in hard copy cases except that, aft er preliminary review in Room 119 and the obtaining of the cashier's receipt stamp, the papers should be delivered to the Motion Submission Part Courtroom (Room 130) on the final return date. Criminal Court of the City of New York, Kings County. <> In order to improve court efficiency in the Civil Branch and the Commercial Division, the New York Supreme Courts utilize staggered court appearances. 9 AM to 5 PM. <>stream 9 0 obj New York, NY10007 The Superior and Appellate Courts simply took Maricopa Countys word for it! 5 0 obj No Judge is present. To protect movants against the submission of late opposition papers or cross-motions, the General Clerk's Office will screen motions in which such papers are submitted without a response (reply or opposition respectively) to ensure that proper time to respond has been afforded and it will sua sponte adjourn for one week cases in which such time has not been given. 103) 9 AM - 3 PM. County Clerk Archives (31 Chambers, 7th . <>/K 11/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> ^hw/xYZKq,PUH7nmy4h]o'4k.9/X/D.8 cG(q$2AN,fxuLG]e}5x COUNTY OF NEW YORK . 11 0 obj Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. /Name /fytekpgnum Counsel who wish oral argument must so request conspicuously on the front of their papers. endobj Elaine Stimmel v. Goldberg'S Famous Bagels Of East Hampton, Inc. Marissa Pollina v. Middle Neck Associates Llc, Middle Neck Road Theater As, STATEMENT OF MATERIAL FACTS (Motion #3) - Plaintiff's Counter-Statement to, Jazzy Rivera v. Durable Diesel Inc., Mark Antonio Evans, DEMAND FOR: - Avon Products, Inc.'s Request for Dismissal, Susan Danelle Baldwin Smith, Stephen Charles Smith v. Avon Products, Inc.,, MEMORANDUM OF LAW IN REPLY (Motion #003) - MOL in further support, Jennifer G. Flannery, Esq. <>stream This case deals with an easement that the Senecas granted in . 4S04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ ; <> 24 0 obj The court is eager to minimize burdens on counsel whenever possible. {I8X$r_hEPw>@*kG~ [ 14 0 obj 001) Hon. /Subtype /Type1 Affidavits or affirmations in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Submission Part Courtroom (Room 130) on the final return date. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part. In e-filed cases, required working copies that do not bear a Confirmation Notice and permitted hard copies that do not bear a Notice of Hard Copy Submission - E-Filed Case will be rejected by the clerk, as provided in the rules. 1045 Appointed By: Chief Administrative Judge Lawrence K. Marks Bio At a Glance NEW Motions NEW Outcome NEW Case Milestones NEW Biography <>stream 2013-04-25T19:00:18Z <>stream 34 0 obj /Build <467954656B277320504446204D656C6420436F6D6D65726369616C2056657273696F6E2031302E34206173206F662046656272756172792032302C20323031372031383A34313A3130> For motions in which these items are handed in before the "call," no one need remain to answer the "call." <> xW]oH}v!(tY$heIk6OI%:gWgWy>|L8. The RJI shall be marked to reflect the existence of any "related case" as explained on the "Commencement of Cases" page under "Case Processing" on this site. when new changes related to " are available. Prac. <>stream endobj To obtain notification of the argument date and other developments, counsel should use e-Track (see above). Motion calendar information is also accessible on the website of the Unified Court System (at "E Courts" at www.nycourts.gov). If such resolution occurs subsequent to the "call", the assigned Justice must be advised as soon as possible, by written notice sent to the Part, so that the court does not do unnecessary work. Law & Rules, 3212(e).) x+ | See Subd. -a2 "U@?RrwWX8/`#qD9zsV` However, Lakes claim is not that the signature verification procedures are unlawful. 16-621(E), 16-449, 16-452(C), argues Lakes attorneys in their Petition for Review., The court of appeals Opinion denying petitioner Kari Lakes appeal ruled that Arizona election laws dont matter.. x+ | ORDERED that the motion brought on by this order to show cause shall not be orally argued unless counsel are notified to the contrary by the Clerk of the Court. Law & Rules, 3212(a).) Welcome to the web site of the Civil Branch of the Supreme Court of the State of New York, New York County. /Creator <> stream A correct designation is necessary to ensure that the clerk takes the proper action on the submission. 1 Extreme Risk Protection Order (PDF) New York, NY 10013, Open - 9:30 AM - 4:30 PM See Uniform Rule 202.70(d)and(e). 14 0 obj The General Clerk's Office will process the RJI and, via computer, randomly assign the case. Adjournments by Stipulation: Specifically, a party seeking an adjournment must contact all other parties in an effort to obtain consent and demonstrate that that was done. /Subtype /Type1 Applications for Adjournment Not on Consent: If consent was not obtained from all parties prior to the return date, any party making an application for adjournment must submit an affidavit or affirmation in support of the application, reciting the reason for the requested adjournment and a description of the efforts made to obtain such consent, including the date when a contact was initiated or attempted, the means used, and the person contacted (if consent was refused) or for whom a message was left (if no contact was made). endstream NEW YORK COUNTY CLERK 10/13/2022 10:21 AM: . Counsel/parties must advise the court, either between 9:00 A.M. and 9:30 A.M. or at the "call," of all motions or cases that have been resolved by counsel/parties themselves and all motions that the movant no longer wishes to pursue. Subsequent Papers on Motions Returnable in Room 130: Cross-motions, papers in opposition, and reply papers on motions/petitions on notice returnable in Room 130 in a hard-copy case shall be submitted to the Motion Submission Part Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date. <>/Metadata 541 0 R/ViewerPreferences 542 0 R>> <>stream endobj When a Justice directs in a decision that a long form order or judgment be settled, that decision is recorded in the courts computer system by the General Clerk's Office and the motion file with decision is held in the Order Section of the Office in Room 119. pellate Division from a decision and order of this court dated November 3, 2017, which determined an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 15, 2016. Once the submission has been reviewed and found proper in form, it will be sent to Chambers. Delivery of papers by service or a clerk will suffice. The rules provide for application to the Administrative Judge to review certain assignment determinations. Courthouse Hours. Payment is made on-line by Visa, Mastercard, or American Express credit or bank card. When the fee is paid, the County Clerk will place on the back of the first page of the notice of motion proof of payment in the form of a cashiers receipt stamp. endstream ), Since New York established its summary judgment procedure in 1921, summary judgment has proven a valuable, practical tool for resolving cases that involve only questions of law. (Brill v. City of New York, 2 N.Y.3d 648, 650-51 [2004]; Merritt Hill Vineyards v. Windy Hgts. 15 0 obj endobj endobj endobj /Subtype /Type1 xS*r Where appropriate, summary judgment is a great benefit both to the parties and to the overburdened New York State trial courts. Lake recently revealed new findings that Maricopa County kept a map of Republican voters on the wall, which lined up almost perfectly with the locations of election day machine failures. Law & Rules, 3212(g).) <>stream All decisions on motions and orders in hard copy cases are delivered to the General Clerk's Office, which records in the court computer that a decision has been issued, the date thereof and whether the case has been disposed of, and makes similar notations as to long form orders. filed: new york county clerk 01/18/2022 10:58 pm index no. 2. <>stream Instead, the moving party should file one set of papers in the main case or some other single case using the caption for that case and its index number. 3 0 obj The clerk will calendar the motion for the Motion Submission Part Courtroom (Room 130) for the return date selected. /Name /fytekpgnum2 endobj Also, this website is a participant in the Amazon Services LLC Associates Program. stream 2 0 obj <>stream x+ | Smart Search Verdicts Judge Analytics . Attorneys are not required to be present in Room 130. <> If any defects in the papers are found, the staff will note those defects for counsel. If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. endobj 27 0 obj endobj endobj What You Need to Know - There is a $45 fee to file a motion with the court. endstream 1 0 obj <> A>=GaG/v(t(2HV~. 11 0 obj q 13 0 obj endobj The party (plaintiff or defendant) making the motion is known as the movant. :.OfN%7.l(]3ZXtMRHlI"*;- I 4}[XiXH}gX Sj,}:xvP_zwss\MnEN6~6j6%e75mQ:v;RCflYF dm| cg]8O&0+juhy*Kgr>tj1 Vw\@2PYzAh9QCMi6XD#(aY$UH*@"aRVLoC. endobj <>stream Click a Banner Below to Get Started, ~Everything on this site should be considered as entertainment ONLY, nothing else!~. New York, NY10013 endstream A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. of counsel. 8 0 obj ), New York courts have consistently denied summary judgment motions as premature when discovery has not yet taken place. endobj No. 10 0 obj endstream county of new york . COA and Hemp Information. 1-25 of 1712 results in NY. Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. The Courts did not even allow Lakes team to examine the signatures and demonstrate that the signature verification procedures were violated, nor did they require Maricopa County to prove they followed early ballot procedures for signatures and chain of custody. These matters will then appear on the APB Calendar. endstream <> 38 0 obj The executed form shall be delivered to the New York County E-Filing Department (60 Centre Street, Room 119 A; newyorkef@courts.state.ny.us; 646-386-3610). 41 0 obj x+ | Adjournments by Affidavit/Affirmation of Consent: If all parties consent to an adjournment as allowed by these rules but a written stipulation cannot be obtained in time for submission, the applicant for the adjournment on consent may submit an affidavit or affirmation reciting that such consent was obtained. 4Q04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ : endstream endstream Summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just. (Civ. /Type /Font <> 12 0 obj 7 0 obj Pay Just S&H For Most Items! Opposing counsel similarly need not appear in person in order to avoid suffering a default. A principal rationale of partial summary judgment is to narrow the number of issues presented to the jury. (Rodriguez v. City of New York, 31 N.Y.3d 312, 324-325 [2018]. (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. If there are defects, they will be brought to the attention of the party who presented the submission. Lakes attorneys credited Maricopa Countys failures for causing massive disruptions, hours-long lines and disenfranchising thousands of predominantly Republican voters on Election Day., Qualified data analyst,Senior Lecturer Emeritus in the Department of Computer Science and Engineering at Texas A&M, and consultant for major national and international firms and government departments,Walter C. Daugherity declared under penalty of perjury that over 7,000 ballot insertion failures occurred in almost every single 30-minute period for the entirety of Election Day, starting at 7 am and after 8 pm.. <>stream /Encoding /WinAnsiEncoding x+ | The court traces its origins to the year 1691 and is one of the oldest continuously-serving courts of general jurisdiction in the United States. Brought to the extent possible, motions submitted in Room 130 will be decided `` the! One case on a single set of papers. by consulting the law Journal /creator >. Greater N.Y., 7 N.Y.2d 56, 63 [ 1959 ]. 14 Rm Lakes claim not! From even attempting to cast their ballots must have been served before the date on which request., 324-325 [ 2018 ]. York County Supreme Court, Civil Term, Department Part Rm! Present in Room 130 motion submission Part Courtroom ( Room 119 a.. Rochelle, 72 A.D.3d 1025, 1026 [ 2nd Dept > RUY\.aK_T ; Gumt7k0v|vc+.Wc #.. 56, 63 [ 1959 ]. Brill v. 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