Case law

Taylor v. Botnick Motor Corp.

146 A.D.2d 81 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1989

In June 1983, Croll, then 17 years old, and her boyfriend, Rodney Krause, went to defendant’s establishment to purchase a used car. … Defendant argues that since title clearly passed to Croll or Krause or both, it cannot be the owner of the Chevette and thus cannot be vicariously liable.

Trump Vil. Section 4, Inc. v. Bezvoleva

2018 NY Slip Op 3389 · Appellate Division of the Supreme Court of the State of New York · May 9, 2018

"Whether a plaintiff can ultimately establish [*2]its allegations is not part of the calculus" ( EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 ). … A defendant is "immune from state law liability if (1) it is a provider or user of an interactive computer service'; (2) the complaint seeks to hold the defendant liable as a publisher or speaker'; and (3) the action is based

Sheils v. Flynn

252 A.D. 238 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1937

The objection to many of the applications is based upon the fact that the statement therein contained is not sufficiently complete to establish that the applicant will be unavoidably absent. … The court below in his opinion stated that the total of these latter ballots which were clearly not in conformity to the statute, would not change the result.

Schoch v. Dougherty

122 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1986

Taub concluded that the injury was caused by an "abnormal force, either traction or section or shearing” and that the operation was not performed in accordance with the standard of care required of a qualified surgeon. … Plaintiffs further objection to the form of the written interrogatories submitted to the jury is clearly unfounded.

Health Insurance Ass'n of America v. Corcoran

154 A.D.2d 61 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1990

HIV testing is used to determine an individual’s risk of developing acquired immune deficiency syndrome (hereinafter AIDS), a disease by now well understood to diminish the human body’s natural immunity to opportunistic infection … Clearly, it does not reject as irrelevant the use of HIV test results for actuarial purposes, i.e., as a means of identifying a class substantially more prone to AIDS than the general population.

In re the Judicial Settlement of the Account of Gabriel

44 A.D. 623 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1899

The $4,000 item, its source and its payment were established clearly and beyond dispute by testimony •independent of the executors, and by the «executor Joseph Gabriel himself. … But no trust of these moneys could be established except it be based upon some direction given by the testatrix to Mrs.

Roslyn Associates v. Inc. Village of Mineola

89 A.D.2d 871 · Appellate Division of the Supreme Court of the State of New York · Aug 9, 1982

The language of the deeds conveying the property, “together with the appurtenances and all the estate and rights of the party of the first part in and to said premises”, clearly is not sufficient to establish an assignment … Included within this total, however, is the sum of $2,976.60 for “extra” pick-ups, which was apparently disallowed by Special Term on the ground that the refuse collected on those occasions would not have qualified for collection

Syracuse Teachers Ass'n v. Board of Education

42 A.D.2d 73 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1973

This appeal presents the question of the authority of the board of education of a school district, in its collective bargaining negotiations with a teachers’ representative bargaining agent, to agree to the establishment … Clearly the provision is a general one for the benefit of all of the plaintiff’s teachers; and it is a term and condition of their employment.

Ferreri v. New York State Thruway Authority

99 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1984

In relevant part, section H states that respondent shall establish a list of qualified employees in order of seniority, and overtime opportunities will be offered to such employees in list order before being offered to other … Clearly, the penalty for refusing to work overtime causes an employee to forfeit his turn on the list, but it cannot, as respondent claims, afford a basis for a disciplinary charge.

White v. Metropolitan Opera Assn., Inc.

148 A.D.3d 13 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2017

She also did not receive any employment benefits from the Met, and was in fact told that she did not qualify for the Met’s health insurance plan because she was not an employee. … There is also no policy reason to find that plaintiff’s corporation is not her employer, since this is not a situation in which a corporation is seeking to invoke the benefits of the immunity provision of Workers’ Compensation

People v. Salazar

112 A.D.3d 5 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2013

Based upon the evidence before us, we conclude that such a rational basis for the policy does exist. *11 The police, of course, clearly have an interest in the reliability of coordination tests. … That same report identified the pay scale for qualified interpreters at $250 per diem, and $140 for half a day.

Sebring v. Wellington

63 A.D. 498 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

his large business experience, must have been aware of such intention, is too apparent to admit of any question; and we .are, therefore, of the opinion that all the essential elements of an avoidable preference were so clearly … The general rule where the value of personal property having a market value is sought to be established, is to prove such value by witnesses qualified to speak of it (Jones v. Morgan, 90 N.

Commerce Insurance v. Janes

13 A.D. 46 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1897

Every person qualified to serve as a juror upon trials had in the Mayor’s Court of the said city of Albany, shall be duly qualified to serve as a juror upon trials in the said court, to be holden before the said justices. … Clearly it related to the proceedings in that court, and if so its vitalitywas preserved and continued by that provision of section 3214 which provided that the Code should not affect any *49 statutory provision then remaining

Posner v. Lewis

80 A.D.3d 308 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2010

Supreme Court denied the motion, holding that defendants failed to establish, as a matter of law, that the information they reported was in the public interest so as to qualify for absolute privilege under Brandt v Winchell … Plaintiffs influencing school officials to hire his paramour as a substitute teacher may adversely affect the students if she is not as qualified as others.

Delicati v. Schechter

3 A.D.2d 19 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1956

selection by appointing officials, but to limit the group from which the selection may be made to those who are qualified. … This court, consequently, held that it clearly appeared that an issue of fact was raised whether the police commissioner had acted arbitrarily and capriciously, and remanded the matter for a trial to resolve.

People ex rel. Hoyt v. Board of Trustees of Village of Ballston Spa

19 A.D. 567 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1897

As no other Union soldier applied, he was, therefore, entitled to appointment, if qualified to discharge the duties of the position. … On the other hand, it being conceded that he is an honorably discharged Union soldier, it may be clearly shown that he possessed the requisite qualifications for the office in question.

People ex rel. Beardsley v. Barber

266 A.D. 371 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1943

The experts of the respondents attempted to establish values for taxation purposes which would justify the assessments. … The evidence clearly established the existence of a market for. this property.

Bedford-Carp Constr., Inc. v. Brooklyn Union Gas Co.

2023 NY Slip Op 02097 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2023

"[J]udicial records, as well as documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are essentially undeniable, would qualify as documentary evidence … In this context, the use of the term "OPTIONS PRICED SERVICES" in the agreement clearly and unambiguously refutes the plaintiff's allegation that the defendant agreed to pay the plaintiff for those services even if they were

People v. Butler

33 A.D.2d 675 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1969

Particularly, in fairness, there must be a hearing, because in point of chronology, the evidence that was educed at the trial, was clearly elicited, if not developed, only after the dates of these invalid wiretaps. … The record discloses that these witnesses, in the main, were of unsavory character, e.g., a convicted prostitute, another who was an accessory after the fact and who admitted he was promised immunity and still another who

Willis v. Ronan

218 A.D.2d 794 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 1995

After Willis’ subsequent motion and the estate of Ronan’s cross motion for summary judgment, the court granted the cross motion and dismissed the complaint because of Willis’ failure to establish the existence of a certified … "It is a fundamental principle of contract law that a valid acceptance must comply with the terms of the offer * * * and, if qualified with conditions it is equivalent to a rejection and counteroffer” (Roer v Cross County