Case law

Bullock v. Parkchester General Hospital

3 A.D.2d 254 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1957

Except possibly for a speculative inference that might be drawn from the doctor’s testimony, which we think would be clearly against the weight of the evidence, however, there is nothing whatever in the record to indicate … Div. 245 ) where it was said (p. 248): “ Are the doctors, or is the State which employs them, legally responsible in damages for an honest error of professional judgment made by qualified and competent persons?

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

SMG Automotive Holdings, LLC v. Kings Automotive Holdings, LLC

2024 NY Slip Op 03704 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2024

In an order dated January 31, 2022, the Supreme Court denied Schwebel's motion on the ground that there was "sufficient evidence" to establish that "the parties were clearly aware [that] the guaranty referred to the correct … In order for evidence to qualify as documentary, it must be unambiguous, authentic, and undeniable" ( Lam v Weiss , 219 AD3d 713 , 716 [citation and internal quotation marks omitted]).

People v. Edmonds

251 A.D.2d 197 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1998

Clearly, this evidence, in and of itself, established each of the above described elements of the subject offense. … However, this inadmissible evidence added little to the prosecution’s already overwhelming case and was clearly harmless.

Reese v. Lombard

47 A.D.2d 327 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1975

A public contract may extend beyond the term of the officer or officers executing it, however, if there is a clearly expressed legislative intent to grant such power (Murphy v Erie County, 34 AD2d 295, 298 , affd 28 NY2d … As we view the case, the meaning of the contract term, "disciplinary demotions” is not clear, and the finding that respondent acted for disciplinary reasons is not established by the record.

Stiefel v. Berlin

28 A.D. 103 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

The facts clearly establish that, when this transfer was made, the firm of Blumenthal & Co. was insolvent, and that they made this transfer to the defendants for that reason, and with intent to pay them in full, although … But if it were necessary to establish that the payment was received by the defendants with the intent to procure a preference,, we think the evidence fully establishes that fact.

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

Burke v. National Liberty Insurance Co. of America

212 A.D. 738 · Appellate Division of the Supreme Court of the State of New York · May 6, 1925

The answer also put the plaintiff to proof as to whether the trustee had qualified as such and as to whether he had been authorized by the bankruptcy court to commence the action. … The declarations of a bankrupt made after the bankruptcy were clearly not admissible against his trustee in bankruptcy to establish the issues against the estate of the bankrupt raised by the defendant. (Von Sachs v.

Fields v. Predionica i Tkanica A. D.

265 A.D. 132 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1942

The Government of the United States continues to recognize the government that is temporarily established in London as the Boyal Yugoslav Government. … It thus had sovereign immunity. (The Parlement Beige, L.R. 5 P.D. 197.)

Catholic Charities of the Diocese of Albany v. Serio

28 A.D.3d 115 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2006

The Court stated that the Establishment Clause’s “clearest command ... is that one religious denomination cannot be officially preferred over another” (id. at 244), and clearly indicated that denominational neutrality requires … Establishment Clause We are also persuaded by plaintiffs’ challenges to the WHWA pursuant to the Establishment Clause of the First Amendment.

Kavanaugh v. Gould

147 A.D. 281 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1911

This agreement was clearly beyond -the .authority of Dresser to make. … All these were matters within the scope of' the secretary’s duties, and which, according to established usage, belonged' to him to perform.

Rockwell v. Morris

12 A.D.2d 272 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1961

Either right is equally qualified, just the same as the right to religious or political belief is equally absolute. … With respect to the latter, one hardly may agree with the interpretation, qualified though it is, of the Feiner case.

Kalbach v. Ross

145 A.D. 55 · Appellate Division of the Supreme Court of the State of New York · May 3, 1911

It would seem clear from the evidénce that the decedent was sui juris, and'that he was qualified to understand and appreciate the situation in which he was placed and the possibility of danger arising therefrom. … It is also concluded that the evidence in this case does not establish actionable negligence on the part of the defendant-.

People v. Suttles

2023 NY Slip Op 01380 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 2023

While it is well settled that a qualified police officer's testimony that he or she visually estimated the speed of a defendant's vehicle may be sufficient to establish that the defendant exceeded the speed limit ( see People … should be given to the determination of the suppression court, which had the opportunity to observe the demeanor of the witnesses and to assess their credibility, and its factual findings should not be disturbed unless clearly

People ex rel. Gumprecht v. Knox

66 A.D. 517 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1901

the employment in any position of the service of the city of New York of any person who has-left the service and who- applies for -reinstatement) was after due certification for the same, under these rules (that is, rules established … This was clearly the case of the relator’s intestate.

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.

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.

People v. Potter

2022 NY Slip Op 05045 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 2022

"The credibility determinations of the hearing court are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record" ( People v Henderson , 197 AD3d 663, 664 ; see People v Faulk … Further, the hearing evidence established that the defendant's statements relating to the ownership and source of the cell phones recovered from the vehicle were made in response to questions that were investigatory, and

In re Guden

71 A.D. 422 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1902

of the relator to hold the latter office, in respect of which no misbehavior or. neglect of duty was established. … shows that the charges and specifications of official misconduct against the officer related to a time “ while he was the duly elected, qualified and serving mayor of said city.”

Brown v. Motor Vehicle Accident Indemnification Corp.

35 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1970

) all reasonable efforts have been made to ascertain the identity of the motor vehicle and of the owner and operator thereof and either that the identity of the motor vehicle and the owner and operator thereof cannot be established … On the other hand, the papers, including the examination before trial, in the case at bar were clearly sufficient for 'Special Term to make a summary determination.