Case law

Verdell v. Lincoln Amsterdam House, Inc.

27 A.D.3d 388 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 2006

Sometime in 2001, the managing agent became aware that petitioner did not qualify for an internal transfer and placed her on the “external” waiting list. … HPD also established that petitioner had been improperly placed on the external waiting list. The uncontroverted testimony at the hearing established that petitioner was placed on the external waiting list in 1995.

Parsons v. Syracuse, Binghamton & New York Railroad

133 A.D. 461 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1909

as it has a bearing on the admissibility of evidence, is that the court there received proof that tiie deceased was familiar with the surroundings at the crossing, and that the absence of contributory negligence may bel established … state if he ever saw him get on or attempt to get on trains, and counsel stated that he expected to prove that the deceased was in the- habit of jumping on trains, and the evidence was held inadmissible, as its effect was clearly

In re the Estate of Folsom

6 A.D.2d 691 · Appellate Division of the Supreme Court of the State of New York · May 5, 1958

Third ” of the will shall issue to appellants-respondents, upon qualifying. … considerations of the testator (the educational fund may be said to have been the dream project of the testator and his wife), it seems to me that, in degree of importance to the testator, particular beneficiaries were clearly

Weitzman v. Nassau Electric Railroad

33 A.D. 585 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

But it does not follow that this gave legal immunity to the defendant to run its car on to him. … Rep. 716) say: “ The governing principle established by the courts may now be clearly and concisely expressed in a very few words.

Capital Newspapers Division of the Hearst Corp. v. Lee

139 A.D.2d 31 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1988

Clearly, those procedural requirements were not met here. … At most, the reasons propounded by defense counsel and respondent’s findings established nothing *36 more than a "hypothetical risk of prejudice”, insufficient to justify closure (Matter of Associated Press v Bell, supra,

Stone v. Goodman

241 A.D. 290 · Appellate Division of the Supreme Court of the State of New York · May 4, 1934

Goodman was a well-qualified doctor of high standing. … That was clearly error. (Johnson v. Lutz, 253 N. Y. 124 .)

Flynn v. Metropolitan Life Insurance

252 A.D. 78 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1937

Shanley, a cousin of the deceased, when she presented the claim, but he qualified his testimony by saying “ if I am not mistaken.” … physician’s statement and made out the death certificate, and also by the testimony of a physician called by the plaintiff who had examined the insured and testified that he could not have had chronic interstitial nephritis, clearly

G.L. v. Markowitz

101 A.D.3d 821 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2012

Contrary to the law of libel, the spoken word which results only in the victim being held up to ridicule and contempt is never actionable in a slander suit without proof of special damage, unless it falls within one of several clearly … Indeed, New York requires certain persons, including school officials, to report cases of suspected child sexual abuse, and provides those persons with qualified immunity from civil liability in connection with such reports

Police Conference of New York, Inc. v. Metropolitan Police Conference of Eastern New York, Inc.

66 A.D.2d 441 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1979

While the issue here is somewhat novel in that it involves the deletion of a word from an approved name and then qualified official approval of the shortened name, we are still concerned with the principles from the body … Clearly the plaintiff has not established its right to "Police Conference” or "New York” to the exclusion of all others. Likewise, we find no evidence of confusion or its likely occurrence.

Nehorayoff v. Fernandez

191 A.D.2d 833 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1993

of the charges with respect to all of the patients except patient F and recommended that petitioner’s license be suspended for three years, the last two years of which were to be stayed provided that petitioner entered a qualified … Absent a showing, clearly revealed, that the Board " 'made no independent appraisal and reached no independent conclusion’ ”, its decision must stand (Matter of Taub v Pirnie, 3 NY2d 188, 195 , quoting Matter of Kilgus v

Lastowski v. Norge Coin-O-Matic, Inc.

44 A.D.2d 127 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1974

Rather, we are permitting recovery, previously denied, after the liability has be.en established ” (emphasis supplied). … Thus, if it were not for the mtrafamilial immunity doctrine, she would clearly have had a cause of action against the driver and owner of the car in which she was riding if the accident was in any respect due to her son’s

A'Hearn v. Committee on Unlawful Practice of the Law of New York County Lawyers' Ass'n

30 A.D.2d 47 · Appellate Division of the Supreme Court of the State of New York · May 3, 1968

He contends that rule XII-A, unless construed to apply only to pending actions or proceedings, contravenes his rights and *53 immunities under the Federal and State Constitutions. … These prerequisites have been established; indeed, they are self-evident. Appellant’s argument predicated on unlawful search and seizure accordingly fails.

G.L. v. Markowitz

101 A.D.3d 821 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2012

Contrary to the law of libel, the spoken word which results only in the victim being held up to ridicule and contempt is never actionable in a slander suit without proof of special damage, unless it falls within one of several clearly … Indeed, New York requires certain persons, including school officials, to report cases of suspected child sexual abuse, and provides those persons with qualified immunity from civil liability in connection with such reports

People v. Groh

57 A.D.2d 389 · Appellate Division of the Supreme Court of the State of New York · May 31, 1977

It was established to secure to the subject a right of appeal to his peers, under the immunity of secrecy and irresponsibility, before the government could bring him to trial. … Clearly, this is not a case in which the Grand Jury has voted to reconsider the charges sua sponte (see People v Stecker, 141 Misc 417 ; 42 CJS, Indictments and Informations, § 25), nor is it a case in which the court having

Schneider v. New York Telephone Co.

249 A.D. 400 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1937

The record establishes that the purpose of the staff and equipment maintained by the company is threefold: (1) To be ready for any emergency cases that may arise, (2) in connection with its disability benefit plan, and (3 … When the insured and the insurance carrier employed such a well-qualified doctor, their duties ceased. They were not hable for anything that occurred thereafter.”

Abruzzi v. Maller

2023 NY Slip Op 05704 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2023

The decedent's oncology expert added that if the decedent had been experiencing recurrent lymphoma, as Hindenburg initially suspected, that condition would have weakened her immune system and made her more susceptible to … Thus, in Maestri , in which the defendant gastroenterologists treated the plaintiff's decedent for abdominal distention and pain, this Court concluded that the plaintiff's expert "was qualified to offer an opinion despite

De La Cadena v. Perales

114 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1985

The guilt of petitioner was clearly established by substantial evidence. … How much longer this can continue is questionable in light of the fact that the vast bulk of petitioner’s pediatric patients are those who qualify for Medicaid.

Ryan v. Kaplan

213 A.D. 131 · Appellate Division of the Supreme Court of the State of New York · May 1, 1925

If some other statute clearly exempts them from such provisions, they do not need the certificate of the commission in order to receive their salaries. … The salary schedules adopted by the board of education remain in full force and operation for all employees who successfully qualify.

People v. Bartley

60 A.D.2d 283 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1977

It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. … Clearly, defendant has not been treated unfairly.

O'Flaherty v. Nassau Electric Railroad

34 A.D. 74 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

The in juries which the plaintiff thus, received were serious and, ■as the evidence tended to establish, permanent in character. … The testimony was competent, because directed to her existing condition, and the witness was competent to testify as he had qualified as an expert. The testimony was material.