Case law

MTR OF HERZOG v. Joy

74 A.D.2d 372 · Appellate Division of the Supreme Court of the State of New York · May 15, 1980

subject to regulation *374 and control as provided for herein unless the city housing rent agency issues an order decontrolling such accommodation, which the agency shall do upon application by the landlord whenever it is established … Laura is clearly in occupancy, and her rent was paid by Marilyn, because, at least up to the time of the administrative proceedings, she did not have regular employment.

McCherry v. Snare & Triest Co.

130 A.D. 241 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1909

Thompson : “ I object to it upon' the ground that the witness is not qualified to testify of his own personal knowledge.” … This clearly left it for the jury to take into consideration all of' the facts and circumstances, and to determine whether the defendant had discharged its duty.

New York Mun. Power Agency v. Town of Massena

137 N.Y.S.3d 520 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2020

"To qualify as documentary evidence, the evidence must be unambiguous and of undisputed authenticity" ( Koziatek v SJB Dev. … [FN2] Upon review, we agree with Supreme Court that these documents do not clearly establish the understanding of the parties.

In re Sharnetta N.

120 A.D.2d 276 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1986

The evidence was at least sufficient to establish that Sharnetta was neglected. … Although there are cases holding that a finding of neglect or abuse as to one child is admissible on similar issues as to that child’s siblings, the evidence here is clearly sufficient to distinguish Sharnetta’s condition

In re Baldwinsville Federal Savings & Loan Ass'n

268 A.D. 414 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1944

. * * * At the first meeting of members of the association, directors shall be elected to serve until the first annual meeting and until their successors are duly elected and qualified. … The election of the eight directors at the 1944 meeting was clearly irregular and must be corrected.

Kraemer v. McGowan

89 A.D.2d 763 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 1982

Defendants’ answer pleads, inter alia, the affirmative defenses of truth, “fair” and “true” comment, qualified privilege, and reply to defamations by plaintiffs. … The record on appeal contains a transcript of an examination of plaintiff Kraemer in an earlier administrative proceeding which clearly establishes the existence of a bona fide issue with respect to this possible defense

People v. Grant

113 A.D.2d 311 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1985

In determining whether a statement qualifies as a spontaneous declaration or excited utterance, the Court of Appeals has set forth the following guidelines: "[T]he court must ascertain whether, at the time the utterance was … The statements were clearly uttered almost immediately after the suddenness of the purse-snatching, "thus ensuring the spontaneity of the utterance[s]” (People v Edwards, supra, at p 498 ).

People v. Plaza

60 A.D.3d 1153 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2009

Another prospective juror stated that given her occupation as a counselor, she had strong views regarding the propriety of conduct that would qualify as domestic violence. … As such, defendant’s application for the subpoena utterly failed to establish that these documents had any relevance or were in any way material to any legitimate issue to be raised at trial (see People v Reddick, 43 AD3d

People v. Rosado

244 A.D.2d 772 · Appellate Division of the Supreme Court of the State of New York · Nov 26, 1997

Defendant waived immunity and testified before the Grand Jury. … Clearly, the jury, as trier of fact, had an ample basis to reject defendant’s affirmative defense of duress.

People v. Bonilla

95 A.D.2d 396 · Appellate Division of the Supreme Court of the State of New York · Sep 19, 1983

Reverting to traditional analysis, the defendant’s act clearly contributed to the victim’s death even though other acts may have aided in the result (see People v Cicchetti, 44 NY2d 803 ) and on this record it cannot be said … Commission of a homicidal act does not endow the actor with an immunity from visualizing a consequence that is apparent to the rest of society. Accordingly, my vote is for reversal and a new tr^l.

Pace v. Ogden Services Corp.

257 A.D.2d 101 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1999

The record clearly shows, and the parties do not dispute, that plaintiff engaged in a protected activity and that Ogden was aware that she had done so. … complaint of harassment and her dismissal does not of itself support an *105 inference of retaliation (compare, Dortz v City of New York, supra, at 157), plaintiff also contends that her subordinate, a male who was less qualified

Dura-Bilt Corp. v. Polimeni

87 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1982

Property which is clearly not lienable should be deleted from the lien and the amount of the lien should be reduced accordingly. … However, by the same reasoning, summary judgment establishing the existence of a valid and subsisting lien was inappropriate.

Rudomin v. Interurban Street Railway Co.

111 A.D. 548 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1906

established by numerous decisions of this court. … W olff, an eye expert, upon the stand and, after qualifying him, asked the following question “State what you found to be his condition.”

In re the Arbitration between Hynson & American Motors Sales Corp.

164 A.D.2d 41 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1990

of the class of consumers entitled to invoke the benefits of the compulsory arbitration provision, and that the Supreme Court properly confirmed that portion of the arbitration award which determined that the petitioner qualified … established by the manufacturers themselves (see, Motor Vehicle Mfrs.

Methodist Hospital of Brooklyn v. State Insurance Fund

102 A.D.2d 367 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1984

Other provisions of chapter 55 immunized and indemnified State officers from liability for such transfers. … Clearly, nothing in the policies of insurance themselves can fairly be interpreted as conferring any such *379 contractual rights.

New York State Society of Surgeons v. Axelrod

157 A.D.2d 54 · Appellate Division of the Supreme Court of the State of New York · May 3, 1990

Public Health Law § 225 (4) gives to the Public Health Council the authority to establish the State’s Sanitary Code subject to the approval of the Commissioner of Health. … An individual with HIV infection may develop acquired immune deficiency syndrome (hereinafter AIDS). There is presently no cure for HIV infection or AIDS.

Interboro Institute, Inc. v. New York State Higher Education Services Corp.

256 A.D.2d 1003 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1998

properly credited to students’ accounts, because some students were not matriculated, not in good academic standing, not attending full time or not in compliance with residency requirements, and because some students did not qualify … The doctrine of collateral estoppel “precludes a party from relitigáting in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party * * * whether or not the

In re James P.

150 A.D.2d 240 · Appellate Division of the Supreme Court of the State of New York · May 18, 1989

Meltzer, a psychologist highly qualified as an expert in the field of child sexual abuse syndrome. … Clearly, petitioner had established a strong prima facie case of both child abuse and child neglect against respondents. Respondents Vivian P. and Ronald J. testified and denied all incidents of child abuse and neglect.

People v. Greene

153 A.D.2d 439 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1990

Likewise, a witness, for example, a physician, may qualify himself or herself from the "study of the subject alone” (Meiselman v Crown Hgts. Hosp., supra, at 398). … Moreover, any error with respect to the admission of this expert testimony was clearly harmless.

Hearn Department Stores, Inc. v. Livingston

282 A.D. 480 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1953

Neither the freedom of speech clause nor any other provision of the United States Constitution can immunize any person, including defendants, from obedience to State law. … All we determine on this preliminary motion is that the facts established clearly indicate that as of the date of the entry of the order appealed from there had occurred acts of violence warranting a direction that pendente