Case law

Hopkins v. Blum

87 A.D.2d 613 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1982

In any event, *614 petitioner is deemed to have waived “adequate notice” since her counsel clearly elected to proceed with the hearing despite the offer of an opportunity to adjourn. … Such investigation, in any event, had it been made, merely would have established that the deposits were made by Ellen.

Manhattan Industries, Inc. v. Tully

88 A.D.2d 737 · Appellate Division of the Supreme Court of the State of New York · May 27, 1982

It is also well established that statutory tax exemptions are construed against the taxpayer (Matter of Airlift Int. u State Tax Comm., 52 AD2d 688 ). … We would also note that Matter ofLaux Ado. v Tully ( 67 AD2d 1066 ), relied on by petitioner, is clearly distinguishable due to the fact that the materials in question herein were not, as in Laux, kept for the advertising

Town of Pompey v. Parker

53 A.D.2d 125 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1976

Mobile home owners simply do not qualify as members of a suspect category. *131 Conclusion Appellant’s arguments must fail—not because of a lack of doctrinal foundation—but rather from the absence of a factual record to support … The kind of "total exclusion” that might trigger the application of the compelling State interest test under rights of substantive due process has not been established.

Mental Hygiene Legal Service v. Bishop

298 A.D.2d 644 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2002

So recognizing, she sought legal assistance from attorney Edward Malone to review varied alternatives for Thomas, which included the possibility of establishing a self-settled Medicaid qualifying supplemental needs trust … The affidavit of Bishop detailed that, through her 12-year relationship with Thomas, she felt that he clearly desired to retain as much financial independence and self determination as possible which could only be effectuated

Hull v. Barth

37 A.D. 359 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1899

The principle established by 'those cases is that a loan may be made to a partnership firm on conditions by which the lender may secure a limited or qualified interest in certain profits of the firm without making him a partner … These features bring the case clearly within the principle laid down in Hackett v. Stanley ( 115 N. Y. 625 ).

In re the Probate of the Last Will & Testament of Crawford

218 A.D. 392 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1926

Said residuary clause creates a trust for the establishment of a public library in the village of Monticello, N. Y. … Had such been the intent of the Legislature, it would have been so clearly manifested as to place the construction of the statute beyond the realm of controversy.

People ex rel. Roosevelt Hospital v. Raymond

126 A.D. 720 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 1908

Ho such suggestion was made at our consultation table, and no such result follows from the Cooper Union case, as it is clearly distinguishable.” … Its object is clearly expressed in its title: “ In relation to the election of additional trustees and the filling of vacancies.”

Laratro v. City of New York

25 A.D.3d 184 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005

The City moved for summary judgment arguing that since there was no special relationship between Laratro and the City, the City was immune from liability for any failure to provide an ambulance in a timely manner. … In the face of the allegations, we cannot categorically state, as a matter of law, that Edelson’s relationship with Laratro was not close enough to qualify her contact with emergency services on his behalf as direct contact

People v. Providence

308 A.D.2d 200 · Appellate Division of the Supreme Court of the State of New York · Aug 28, 2003

Since this record clearly shows that defendant had more than the minimum awareness of the risks involved, as well as the level of intelligence required to decide whether to represent himself, and establishes that his waiver … It warned defendant that although he might think himself qualified, he was ill-prepared to make the proper decisions during the trial due to his unfamiliarity with legal rules and governing precedent.

People v. DiTommaso

127 A.D.3d 11 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 2015

Furthermore, Grand Jury testimony is often obtained through grants of immunity, leading questions and reduced attention to the rules of evidence — conditions which tend to impair its reliability.” … Significantly, the Court went on to state, “We do not decide the question whether Grand Jury testimony can qualify for this hearsay exception” (id. at 499).

Gerry v. Volger

252 A.D. 217 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 1937

In 1937 the Legislature reversed its position upon that subject by withdrawing sex as a qualifying factor. … This change was accomplished by amendment to the Judiciary Law, a general statute, without expressly repealing the prior statute of 1895 which the defendant now invokes but which is clearly inconsistent with “ the will of

Eddy v. Village of Ellicottville

35 A.D. 256 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

For if the duty of maintaining a village lockup or jail in a safe and healthful condition is a corporate one, that is, if it is one which falls wfitliin the second definition of municipal powers, then clearly the defendant … The Mayor (supra), “ when that line is ascertained it is not difficult to determine the rights of parties, for the rules of law are clear and explicit which establish the rights, immunities *259 and liabilities of the appellants

Weitzman v. Nassau Electric Railroad

53 N.Y.S. 905 · Appellate Division of the Supreme Court of the State of New York · Oct 11, 1898

But it does not follow that this gave legal immunity to the defendant to run its car on to him. … Kean (Md.) 5 Atl. 326 , say: “The governing principle established by the courts may now be clearly and concisely expressed in a very few words.

People v. Fox

119 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1986

The record clearly established that the defendant’s statement was a "blurted out admission * * * which [was] in effect forced upon the officer” (People v Grimaldi, 52 NY2d 611, 617 ). … made subsequent to the witness’s testimony for the purpose of apprising the jurors that a question of law regarding competence had been discussed and that the court, after questioning the witness, had determined him to be qualified

People v. Ermo

61 A.D.2d 177 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1978

(The court in Coleman ultimately reversed the conviction on the ground that the People failed to establish as a matter of law that defendant voluntarily and intelligently waived his right to counsel; this latter ground has … Clearly, the improper receipt of these confessions into evidence constituted constitutional error.

Tai On Luck Corp. v. Cirota

35 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1970

At the trial in the Civil Court, the tenant interposed an equitable defense claiming that the parties had by mistake omitted to qualify the provsion of article 38 to restrict any increase in rent during the renewal term to … That a landlord and tenant relationship exists is clearly established by the record. The tenant in possession exercised the option and extended the tenancy as provided by the lease.

Mason v. Sullivan

26 A.D.2d 115 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1966

The claim that it was conclusively established by a showing of a film of the show at Special Term that the gestures were obscene was expressly rejected by Special Term, the court finding that they were not. … to qualify for the constitutional protection ’ ’ (New York Times Co. v.

Berger v. Acito

64 A.D.2d 949 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 1978

Did the Board of Elections properly rely on the enrollment books of the New York State Board of Elections in making a prima facie determination that a signatory to the petition, including subscribing witnesses, was not qualified … This concession leaves slightly over 5,000 contested signatures from which petitioner must establish the 2,509 additional signatures he needs.

Vignola v. Varrichio

243 A.D.2d 464 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1997

The term “diagnostic impression” is a term of art for a physician’s opinion: diagnostic impressions are clearly admissible in a court of law (Matter of Torsney [State Commr. of Mental Hygiene—Gold], 47 NY2d 667, 678 ; People … Vignola’s orthopedist was not confirmed by a Magnetic Resonance Imaging (MRI) test is not significant, since a physician’s observations alone qualify as objective evidence (see, Tompkins v Burtnick, 236 AD2d 708 ).

Greve v. Board of Education

43 A.D.2d 851 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1974

Taken together, these decisions dictate that to pass muster under the Establishment Clause the law in question, first, must reflect a clearly secular legislative purpose, e. g., Epperson V. Arkansas, 393 U. … itinerant teachers to .the petitioner’s child even though he attends parochial school, though at the request of “the authorities of the schools other than public ” rather than at the request of the child’s parent, as here, qualify