Case law

Nardone v. Milton Fire District

261 A.D. 717 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1941

We may also add that the same degree of evidence denotes clearly that both Thiell and the decedent were not in possession of their normal faculties. … The statute erased any immunity formerly extended to fire districts and replaced it with the common-law rule of master and servant and the doctrine of respondeat superior.

Rahmey v. Blum

95 A.D.2d 294 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1983

Recently, the Court of Appeals in Matter of Johnson v Blum (supra) has held that section 1988 should be broadly construed to require that the burden of proof rests upon respondents to establish that special circumstances … regulation, custom, or usage, of any State or Territory * * * subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Dearing v. Dash

33 A.D. 31 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

This clearly vests the trustee with discretionary power as to the time and manner of converting the property transferred to him into cash, and in the carrying out of this provision he is hampered by no limitation as to time … us, when considered in connection with the other portions of the instrument, is nothing more or less than a device by .means of which the corporation sought to carry on its business, and at the same time secure to itself immunity

Greek Peak, Inc. v. Grodner

155 A.D.2d 827 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1989

The expert qualified his opinion upon the assumption that the structure was properly embedded in the ground, but it is our view that the question of whether the pole was *829 installed according to accepted engineering practices … Had the structure been located in the yard away from defendants’ house it clearly would have been in violation of the covenant even if its installation did not meet accepted engineering standards.

Patricia B. v. Steven B.

186 A.D.2d 609 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1992

the distribution from the defendant’s individual retirement account shall be made directly to the plaintiff’s individual retirement account, and (b) the distribution of the defendant’s Keogh accounts shall be made by a Qualified … Further, the plaintiff clearly established her entitlement to counsel and expert fees in the sum of $35,100.

City of New York v. New York State Division of Human Rights

228 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1996

The agency ultimately found, "While the record does not justify a conclusion that the Department’s psychological testing procedures adversely impact upon Hispanics as a class, the record clearly demonstrates that Respondents … Not disposed to release a ruling that complainant simply failed to establish what he set out to prove, respondent agency issued an anomalous determination, concluding that while the tests are not biased against Hispanics

Shattuck v. Laing

124 A.D.3d 1016 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2015

In this version, created only a few months after the disputed deed, the phrase “more or less” clearly references the amount of acreage conveyed and not the location of the western property line, which is identified without … Notably, these rules of construction were well established before the disputed deeds were drafted (see e.g. Wendell v People, 8 Wend 183, 189-190 [1831]; Doe v Thompson, 5 Cow 371, 373-374 [1826].)

In re the Estate of Samuelson

110 A.D.2d 187 · Appellate Division of the Supreme Court of the State of New York · Sep 16, 1985

Clearly, then, Matter of McLane (supra), is not dispositive herein. … Social Security Act title XIX also permits, as a matter of State option, qualifying State medical assistance plans to include individuals who do not qualify as “categorically needy” but whose personal income and assets are

In re Seld

268 A.D. 235 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1944

The conclusion seems inescapable that these petitioners have clearly established that they are now and have been since September 15, 1943, permanent residents of Seneca Falls, N. … of election may be directed on the day of election, November 7, 1944, when the petitioners shall present themselves to them at the polling place, forthwith to register them and having done so to permit them, if otherwise qualified

People v. Hawthorne

35 A.D.3d 499 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2006

Consequently, the Court of Appeals has emphasized, “a one-on-one shooting or knifing (or similar killing) can almost never qualify as depraved indifference murder” (People v Payne, supra at 272 ; see People v Suarez, 6 NY3d … When the evidence is legally insufficient to establish the defendant’s guilt of depraved indifference murder, but is legally sufficient to establish his or her guilt of the lesser-included offense of manslaughter in the second

Springer v. Almontaser

75 A.D.3d 539 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 2010

A motion pursuant to CPLR 3211 (a) (1) to dismiss a complaint based on documentary evidence may appropriately be granted “only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing … The defendant’s statement that she was stalked and harassed was not an actionable statement of objective fact because it did not have a precise, readily understood meaning, and would clearly be understood by a reasonable

Wecht v. Glen Distributors Co.

112 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Aug 29, 1985

Defense witness Maria Parson’s testimony is inadmissible to the extent that defendants proffer it to establish the hazardous nature of Sound Avenue. … She is not qualified as an engineering expert to testify as to Sound Avenue’s design and its contribution, if any, to the accident.

In re the Accounting of Goldberg

14 A.D.2d 294 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1961

There was the question, however, as to whether or not such court had jurisdiction to render the judgment against the admin *297 istrator who was qualified as such solely in this State. … Thereupon, and on testimony of the respondent and her husband, the claim Avas fully and clearly established.

Hartmann v. Tremaine

250 A.D. 188 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1937

Authority for the appointment of qualified persons as city surveyor has continued down to the present day and is now found in chapter 2, article 10, of the Code of Ordinances of the City of New York. … Clearly an application for a certiorari order to review the Comptroller’s determination of December 17, 1924, must have been instituted within four months from the date thereof. (Civ. Prac. Act, § 1288.)

Courtesy Sandwich Shop, Inc. v. Port of New York Authority

17 A.D.2d 590 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1963

Thus, Chief Judge Lehman, speaking for the court, said (p. 315): “ In this case the evidence clearly establishes that the Legislature contemplated that in constructing inland terminals the Port Authority might erect buildings … Property used primarily to obtain revenue or profit is not held for a public use and is not ordinarily immune from taxation, but property held by a State agency primarily for a public use does not lose immunity because the

Matter of Amedure v. State of New York

2024 NY Slip Op 04295 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 2024

With respect to canvassing paper ballots, that mandate is clearly satisfied by Election Law § 9-209 (1). … For the foregoing reasons, we find that petitioners have failed to establish that Election Law § 9-209 (2) (g) is in conflict with the NY Constitution.

Trudy-Ann W. v. Joan W.

73 A.D.3d 793 · Appellate Division of the Supreme Court of the State of New York · May 4, 2010

Specifically, the Family Court incorrectly found that Trudy-Ann had not established dependency on the Family Court, had not established that she was abused, neglected, or abandoned, and had not established that it would not … Accordingly, it is clearly in Trudy-Ann’s best interest to continue living with her aunt in the United States (id.). Mastro, J.P., Miller, Leventhal and Belen, JJ., concur

Hanna v. Mitchell

202 A.D. 504 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1922

Y. 281 ), and a denial of any knowledge or information sufficient to form a belief was also held to be immune from attack, and within the protecting aegis of the Constitution. (Neuberger v. Webb, 24 Hun, 347 .) … While this power can be clearly maintained, it should be exercised with care, and not extended beyond its just limits.

Grawunder v. Beth Israel Hospital Ass'n

242 A.D. 56 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1934

The reasons that have led to the adoption of the rule that a charitable institution is immune from liability to patients because of the wrongful act of its servants are not applicable when the sufferer is not a patient. … The circumstances and facts upon which the jury based its inferences in this case were clearly proven.

Claim of Carkey v. Island Paper Co.

177 A.D. 73 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1917

While the Commission was fully warranted in making the decision which it did under the statute as then construed, clearly under the recent decisions in Matter of Grammici v. Zinn ( 219 N. … by subdivision 5 of section 14, which provides “If it be established that the injured employee was a minor when injured, and that under normal conditions his wages would be expected to increase, the fact may be considered