Kapigian, Eric Michael

List of Appeals

Rivera v. City of New York, 2003 NY App. Div. LEXIS 7377 (2nd Dept. 2003) In action for personal injury, plaintiffs appealed the lower court conversion of defendants’ in limine motion into one for summary judgment and then to dismiss the complaint against the City. (Edward M. Steves, for plaintiffs-appellants)

DePalo v. L.M.T. Realty Co., 295 AD2d 470; 744 NYS2d 676 (2nd Dept. 2002). Defendant appealed an order that denied its motion to vacate a judgment in favor of the plaintiff and against it upon its failure to appear or answer. Appellate Court held that motion to vacate should have been granted. (Edward M. Steves, for plaintiff-respondents)

Luciano v. Apple Maint. & Servs., 289 AD2d 90; 734 NYS2d 153 (1st Dept. 2002). Defendant appealed an order that denied defendant's summary judgment motion as untimely. Appellate court held that in the interest of judicial economy, specifically, the disposition of a threshold, potentially determinative issue prior to trial, and the absence of a demonstration of prejudice by plaintiffs, the motions court should have entertained the summary judgment motion on its merits. (Edward M. Steves, for plaintiffs-respondent)

Boettcher v. Vill of Rockville Ctr., 286 A.D.2d 736; 730 N.Y.S.2d 451; (2nd Dept 2001). Defendant appealed order granting plaintiffs leave to file a late notice of claim. Appellate Court affirmed the order below. (Edward M. Steves, for plaintiffs-respondent)

Stalker v. Crestview Cadillac Corp., 284 AD2d 977; 726 NYS2d 533; (4th Dept. 2001). Defendant appealed an order that denied defendant's summary judgment motion. Appellate court held that defendants' failure to make a prima facie showing of entitlement to judgment as a matter of law required denial of the motion, regardless of the sufficiency of the opposing papers. (Edward M. Steves, for plaintiffs-respondents)

Donovan v. Shalala, 513 U.S. 817, 115 SCt 74 (1994) Petition for writ of certiorari to the United States Supreme Court denied. Civil matter wherein petitioner argued that United States Court of Appeals, Federal Circuit, had jurisdiction to relieve petitioner from a judgment under RCFC Rule 60(b). (Edward M. Steves, for petitioner on reply brief)

Ramirez v. Ramirez, 171 AD2d 784; 567 NYS2d 505; 1991 (2nd Dept. 1991). In a support proceeding, the petitioner appealed an order of the Family Court which denied her objections to an order of the same court which, in effect, dismissed her motion, to vacate an order of the same court entered upon the parties' stipulation of discontinuance. Appellate court affirmed the order. (Edward M. Steves, for plaintiff-appellant)

Steinberg v. Williams, 163 AD2d 516; 558 NYS2d 188; (2nd Dept. 1990). Defendant appealed an order that granted the plaintiffs' motion to strike his answer and for summary judgment in their favor in a mortgage foreclosure action. (Edward M. Steves, for defendant-appellant)

Grimaldi v. Pagan, 135 AD2d 496; 521 NYS2d 736; (2nd Dept. 1987). Defendant debtor appealed a judgment that granted a motion for summary judgment filed by plaintiffs in their action to recover a sum certain due upon a promissory note. Judgment vacated and plaintiffs’ claim against debtor remitted for further proceedings. (Edward M. Steves, for defendant-appellant)

US v. Candelaria, (Unreported) No. 86-1253 (2nd Cir. 1986) Appeal from a judgment of conviction denied. (Edward M. Steves, for defendant-appellant).