Case law

Bernardez v. City of New York

100 A.D.2d 798 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1984

The principle is well established, and indeed not disputed by respondents, that an action is not terminated within the meaning of that section until the determination of the appeal. … Clearly the Legislature did not contemplate that the procedures it had established for the commencement of wrongful death actions, and for personal injury actions in behalf of a deceased, would result in such actions being

Matter of Lawyers for Children v. New York State Off. of Children & Family Servs.

2025 NY Slip Op 02115 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2025

Indeed, it is evident from the record that OCFS would agree that a Host Family Home agency is not an authorized agency, as it clearly informed SFC of this from the beginning. … Footnote 13: This value judgment is clearly demonstrated in an email written by Hallock, whose primary role was to administer child welfare laws.

VIP Pet Grooming Studio, Inc. v. Sproule

2024 NY Slip Op 00205 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2024

When we picked him up, he was clearly in distress, and we rushed him to the emergency vet. He had water in his lungs that the vet said could only have come from a dramatic physical accident at the groomer. … merits of the action, as otherwise required under other provisions of CPLR 3211, but rather, need only establish that the true nature of the action is one within the scope of anti-SLAPP.

Sumitomo Trust & Banking Co. v. Commissioner of Taxation & Finance

280 A.D.2d 706 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2001

Following petitioner’s administrative appeal, respondent Tax Appeals Tribunal affirmed the Administrative Law Judge’s determination sustaining a notice of deficiency on the ground that the certificates failed to qualify as … established” (id., 191 [emphasis added]).

Ward v. Nyquist

55 A.D.2d 751 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1976

The commissioner sustained the board’s determination stating that petitioner’s tenure area was secondary but that did not entitle her to a position for which she was not legally qualified by having obtained certification. … If her lack of certification in and of itself establishes that she is incompetent to teach that subject, her removal can be effected in accordance with statutory *752 procedure (Education Law, §§ 3012, 3020-a).

Bygrave v. New York City Housing Authority

65 A.D.3d 842 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2009

In January 2000, the New York City Department of Education referred plaintiff for various evaluations to assess whether he qualified for preschool special education services. … Elevated bone lead level; Sleep disorders; Visual disturbances; Hyperactivity; Lack of concentration; Memory Loss; Infant plaintiff has also *844 suffered subclinical joint and connective tissue disease, disease of the immune

Stewart v. Chautauqua County Board of Elections

69 A.D.3d 1298 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2010

The record establishes that the voter in question was not qualified to vote in Chautauqua County pursuant to Election Law § 5-102 because she did not reside in that county at the time of the general election. … The order, in relevant part, only directed that the absentee ballots be counted, and Beightol is clearly aggrieved by such order.

Nalore v. Baker

244 A.D. 554 · Appellate Division of the Supreme Court of the State of New York · May 15, 1935

language clearly indicating such intent. … The blank form, known as a “ qualifying certificate ” which was completed and signed by the petitioner when he applied for employment in 1932 and entered the city’s service, is a matter of record before us. *558 Although

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.”

Park West Management Corp. v. Mitchell

62 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · May 2, 1978

The statutory language "covenant and warrant” has far too well established a meaning in our law to be reconciled with this view. … For reasons similar to those stated above (and with a similar caution), it is clear that the requirements of section 235-b may not be qualified or eliminated by lease provisions of a familiar kind that excuse the landlord

Elite Dairy Products, Inc. v. Ten Eyck

247 A.D. 443 · Appellate Division of the Supreme Court of the State of New York · May 13, 1936

Thus, in the first part of the section there is an absolute prohibition against the establishment of a new business to deal in milk. … Under that amendment, nothing is more clearly settled than that it is beyond the power of a State, ‘ under the guise of protecting the public, arbitrarily [to] interfere with private business or prohibit lawful occupations

Silverman v. Department of Health

252 A.D. 678 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1937

The third defense alleged that satisfactory proof had been presented to the board of health to establish that the corporation and all the individuals against whom the resolution runs, were not qualified and proper persons … Whether the jury’s verdict was not clearly against the weight of the evidence presents a grave question.

Frye v. Montefiore Medical Center

70 A.D.3d 15 · Appellate Division of the Supreme Court of the State of New York · Nov 5, 2009

’s experts were qualified to give expert opinion testimony (Guzman v 4030 Bronx Blvd. … Clearly, Dr. Suarez had concerns over the size of the infant and took precautions to have a pediatrician present in the event of shoulder problems, which did in fact occur during delivery.

People v. Lochner

76 N.Y.S. 396 · Appellate Division of the Supreme Court of the State of New York · May 13, 1902

Such legislation would be clearly within the scope and power of the legislature, to protect the lives of passengers and property. In Tied. Lim. … These establishments are compelled to do baking during the nighttime, in order to supply their customers in the morning.

Albright v. Metz

217 A.D.2d 123 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1995

Even assuming the existence of evidence of substantial public use * of both the excavated gravel mine and the landfill, such evidence does not automatically establish the property’s legal suitability for this purpose. … Clearly, there are private lands, like excavation pits, which are obviously unsuitable for motorbiking ( see, Bragg v Genesee County Agric. Socy., supra, at 547, n 1; Pulis v T. H.

Toussie v. County of Suffolk

26 A.D.3d 506 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 2006

Finally, we note that although a cancellation may seem unfair to a successful bidder, this prospect is one of the clearly stated risks of bidding at a public auction. … It was clearly spelled out prior to the bidding and was not a condition which the petitioners challenge as illegal per se (see L.J.B.

American Society for the Prevention of Cruelty to Animals v. Board of Trustees of the State University

165 A.D.2d 561 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1991

We disagree. *564 II The appellants-respondents make a variety of arguments in support of reversal, including claims of qualified research privilege and confidentiality of matters coming before the LAUC. … This reliance is misplaced, however, as the case before us is clearly distinguishable from that decision.

Sledziewski v. Cioffi

137 A.D.2d 186 · Appellate Division of the Supreme Court of the State of New York · May 19, 1988

Additionally, Vander Loop specifically reviewed the proceedings by which Cioffi was accorded privileges and confirmed that he was properly deemed qualified to hold privileges at the hospital. … As such, the hospital established prima facie that the hospital was not responsible for the surgical report of which plaintiff complains.

In re Kole HH.

61 A.D.3d 1049 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 2009

Each interview— and the victim’s unsworn testimony at the hearing—established that her knowledge of the human anatomy and her graphic description of the alleged sexual activity were clearly inappropriate for a child of her … While respondent, on these facts, may not qualify as a person legally responsible for the victim (see Family Ct Act § 1012 [g]), such conduct, at the very minimum, reveals a fundamental and profound flaw in respondent’s understanding

Davis v. Davis

128 A.D.2d 470 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1987

In 1966, he established a Keogh retirement plan and, in 1971, he established a joint pension plan for himself and the other employees of the professional corporation. … This ruling did not foreclose the wife from establishing the value of the professional corporation.