In the Matter of Terrell Eleby v. New York

Handdown List released on:January 31, 2024

Individual defendant appealed order reversing township defendant's denial of plaintiff's application for variances and site plan approval for a wireless communication facility.

Insured has statutory right to video record entirety of examination under oath, including all persons present

The trial court's §1925(a) opinion justified the denial of plaintiffs' preliminary objections to the counterclaim filed by defendant Sierra View Association and ordered plaintiffs to file a reply.

Trial court did not abuse discretion in imposing probation condition for defendant to surrender to their outstanding warrants despite defendant being under active probation supervision that prevented his travel to other jurisdictions, where defendant had failed to show good faith efforts to modify his probation to obtain approval to travel. Judgment of sentence affirmed in part and vacated in part.

Although jury incorrectly found the existence of a contract where such contract would be barred by the statute of frauds, defendant failed to properly seek relief in the form of a new trial. Plaintiff's post-trial motion denied in part and granted in part.

The court sustained defendants' preliminary objection and dismissed plaintiff's action.

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