Case law

Kenavan v. City of New York

120 A.D.2d 24 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1986

Although the record supports a finding that the city had constructive notice of the abandoned car and failed to remove it, it is well established that "[p]ublic entities remain immune from negligence claims arising out of … The question as to when a fire line should have been established was therefore clearly a matter of judgment.

Partnership 92 LP v. State of New York Division of Housing & Community Renewal

46 A.D.3d 425 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2007

Supreme Court further found that, given Klimecki’s testimony, his lease of the apartment in question was clearly illusory. 92 LP appeals and we now affirm. … End Assoc., L.L.C., 22 AD3d 397, 401 [2005]), and that the purpose behind this legislative enactment was to alleviate the burden on honest landlords of having to retain rent records ad infinitum, and not to immunize dishonest

Ahmed v. City of New York

129 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 2015

to establish certain rates, standards of service, standards of insurance and minimum coverage; standards for driver safety.” … of qualifying standards required for such licensees” (New York City Charter § 2303 [b] [5]).

Pelliccio v. Axelrod

129 A.D.2d 76 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1987

Thus, they clearly have standing to assert the subject claims. … On the contrary, when the district was established it was clearly understood that it was being created only for the benefit of those whose refuse was collected by municipalities.

In re the Application of Tang

39 A.D.2d 357 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1972

As here applied the majority decision could well abridge the privileges and immunities to which the applicant, as a citizen of the United States, is entitled. … Motion to qualify for admission to the Bar of the State of New York denied.

In re the Construction of the Will of Butler

1 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · May 15, 1956

It would appear that the text of the will following the absolute bequest merely qualified the method of enjoyment of the gift. … Here it clearly appears that it was the testator’s intention to make an absolute gift to Mercedes de Leon.

People v. Ward

107 A.D.2d 892 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1985

establishing his leadership role in the whole operation. … participants in the crime and no guarantee that they would not have been called to testify against him at a separate trial, since their cases could have been disposed of before his trial or they could have been granted immunity

Matter of Dopp v. State University of New York

146 A.D.3d 1058 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2017

While courts are reluctant to intervene in an educational institution's assessment of a student's academic progress, academic determinations are not entirely immune to judicial review; our review, however, is limited to whether … The record clearly demonstrates that, despite repeated advisements of a need for improvement, petitioner consistently displayed an inability to listen and respond professionally to constructive criticism of her work and challenges

People v. McMillon

31 A.D.3d 136 · Appellate Division of the Supreme Court of the State of New York · May 30, 2006

Such a result, which suggests an appellate court finding that a mens rea element of a crime was established at trial as a matter of law, will clearly be the exception rather than the rule. 2 In contrast, depravity and indifference … [A] one-on-one shooting . . . can almost never qualify as depraved indifference murder.”

Chemical Bank & Trust Company v. Ott

248 A.D. 406 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1936

judicial accounting and a declaratory judgment *411 confirming the validity of the original trust indenture of February 19, 1929, and of certain subsequent instruments affecting the trust executed by the settlor after its establishment … Clearly it would be improper to hold that a large block of this stock should be sold on any one day.

New York State Division of Human Rights v. New York-Pennsylvania Professional Baseball League

36 A.D.2d 364 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1971

Moreover, there is no evidence that complainant would not have the knowledge, ability and skill to qualify for an umpire position. … The finding that petitioner McNamara discriminated against complainant because she was a woman and by not affording her equal treatment with that accorded to male applicants is clearly established by the evidence.

Bell v. City of Few York

46 A.D. 195 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1899

The plaintiff was originally appointed as librarian, under section 6 of an act to ' establish free schools in school district No 4, in the town of East Chester, Westchester county (Chap. 344, Laws of 1853), as amended by … Clearly, a library in a public school-house owned by the corporation, as this was, is appurtenant to the school, and the necessity of caring for it authorizes the execution of a contract with a person to act as' librarian

Stern v. McCaffrey

279 A.D. 461 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1952

Petitioner attempts to take advantage of his being temporarily out of work when he applied in 1945 to establish dependency. … Clearly, the sole basis for a decision that the present action was arbitrary or capricious would be that petitioner was entitled to the license, as a matter of law, as a needy dependent of a former licensee.

Slewett & Farber v. Board of Assessors of County of Nassau

80 A.D.2d 186 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1981

The Legislature’s understanding of the importance of a ratio trial is clearly indicated by the statutory provision for reimbursement of the costs expended by taxpayers who have succeeded in establishing a ratio which does … Under the circumstances, a judgment such as the instant one is immune to legislative tinkering intended to undo a fairly and properly won adjudication of the vital fact from which the right to recover in a subsequent phase

Monroe v. Schenectady County

266 A.D.2d 792 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1999

Plaintiff clearly abandoned the arbitration procedures. … No lack of due process was established.

Graney v. Graney

43 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1973

Bather, we are permitting recovery, previously denied, after the liability has been established. ’ ’ The basic issue here is whether Gelbman v. … Spencer, 43 A D 2d 129, 132, by the same court sitting on this appeal with issues similar to those involved here, interpret the Gelbman case as applying to cases 1 ‘ where a tort has clearly been committed and liability would

People v. Dileo

194 A.D. 793 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 1920

. * The proof is ample to establish his guilt, but he contends that the conviction should be reversed because the information charges two crimes, and that the warrant is defective in omitting to definitely designate the crime … Section 45-b (as added by Laws of 1916, chap. 305) provides that no person otherwise qualified shall engage in such business without obtaining from the board or department of health, or, in the city of New York, from the

American Baptist Churches of Metropolitan New York v. Galloway

271 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · May 9, 2000

The foregoing analysis is supported by the New York Not-For-Profit Corporation Law, which clearly contemplates that not-for-profit corporations may receive income and even make an incidental profit. … It would be a breach of fiduciary duty if an agent of a corporation secretly established a competing entity so as to divert opportunities away from his principal (Wolff v Wolff, 67 NY2d 638, 641 ).

Village of Newark Urban Renewal Agency v. Newark Grange, No. 366

57 A.D.2d 1065 · Appellate Division of the Supreme Court of the State of New York · May 27, 1977

The criteria which must be established before a property may qualify as a specialty have been clearly set forth in Matter of County of Nassau (Colony Beach Club of Lido) ( 43 AD2d 45, 49 , affd 39 NY2d 958 ; see, also, Keator

Posner v. Rockefeller

31 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1969

Clearly the State may validly distinguish between physicians and nonphysicians, and more specifically between ophthalmologists and optometrists (Williamson v. Lee Optical *354 Co., supra; see, also, Matter of Dickson v. … Here the task force decided that it would first undertake to establish the rates for physicians and when established the Governor chose to implement them immediately and retroactively to the first of the month although the