Case law

People v. Baker

287 A.D.2d 879 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2001

This testimony, however, was permissible to establish the count of endangering the welfare of a child (see, People v Archer, 232 AD2d 820, 821 , lvs denied 89 NY2d 1087 , 90 NY2d 938 ; People v Grotto, 223 AD2d 758 , lv denied … Under these circumstances, defense counsel clearly opened the door for its admission on redirect examination (see, People v Melendez, 55 NY2d 445, 451 ; see also, People v Henry, 179 AD2d 1061 , lv denied 79 NY2d 1002 ).

Nassau Beekman LLC v. Ann/Nassau Realty LLC

105 A.D.3d 33 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2013

However, since plaintiffs assertion to that effect is disputed by defendant, plaintiff clearly failed to establish a right to summary judgment on its breach of contract claim against defendant. … At best, that 3:00 p.m. meeting could qualify as partial performance of the alleged oral modification.

Finkel v. McCook

247 A.D. 57 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1936

He appeared before the grand jury on five different occasions, voluntarily waiving immunity. The testimony given by him occupies over 250 pages of the printed record. … The fact establishing the falsity of his testimony was brought out in a separate legislative investigation.

All American Moving & Storage, Inc. v. Andrews

96 A.D.3d 674 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2012

In this action to recover damages arising out of a warehouse fire, Allstate failed to establish as a matter of law that it did not owe the noncontracting respondents a duty of care or breach any duty owed. … Thus, D’Agostino clearly intended to benefit plaintiffs by engaging Allstate to inspect the sprinklers (see MK W. St.

Deusen v. Norton Co.

204 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · May 19, 1994

The record clearly shows that Colangelo relied upon his expertise in metals as well as the pathology report to arrive at his conclusion. … Testimony further established plaintiff’s remaining life span of over 40 years.

In re the Corp. Counsel

188 A.D. 668 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1919

That case is clearly distinguishable from the present case. … The question is,' has she established a legal right to have her claim litigated before a lawful tribunal?

Kirker v. Nicolla

256 A.D.2d 865 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1998

Without proper foundation, the treating surgeons were not qualified to provide testimony as to the standards of care in the work assessment or physical therapy profession (see, Matott v Ward, supra). … Here, plaintiffs attempted to use the Blankenship syllabus *868 during Bureau’s direct examination which clearly violates the requirement that such use occur only on cross-examination.

Wood v. Wyeth

106 A.D. 21 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1905

The cause of action set out therein was clearly a cause of action for negligence and nothing else. … Wyeth was contrary to the best or established practice of qualified surgeons in the treatment of such a case under similar circumstances.

DeAngelis v. Laino

235 A.D. 390 · Appellate Division of the Supreme Court of the State of New York · May 4, 1932

Article 33-A of the Education Law (added by Laws of 1917, chap. 786, § 1, as amd.) established in each city of the State a board of education. … Quite evidently, however, it is the policy of the State that only in a limited sense are they immune from supervision in any city.

People v. Stewart

230 A.D.2d 116 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1997

Compliance *118 with the subpoenas would have given the lawyers full transactional immunity (CPL 190.40). Their motion to quash was denied (Matter of Grand Jury Subpoena of Stewart, 144 Misc 2d 1012 ). … Defendant had first moved to dismiss the indictment on the ground that legally sufficient evidence to establish the offense charged had not been presented.

Brown v. Albert Einstein College of Medicine of Yeshiva University

172 A.D.2d 197 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1991

In addition, plaintiff, clearly an accomplished individual, has an IQ of 159 and scored in the 99th percentile on the Advanced Graduate Record Examination. … "The plaintiff has failed to establish that he is at all qualified pursuant to AECOM’s published entrance requirements, but instead has attempted to establish his own entrance requirements based on his high I.Q. and good

Matter of Ming Tung v. China Buddhist Assn.

124 A.D.3d 13 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2014

of Religious Corporation Law § 195; it is the petitioners who must qualify as members to have standing. … An expelled member remains qualified to vote if he or she falls within the second category of qualified voters under § 195.

Sacher v. State of New York

2022 NY Slip Op 07087 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2022

springs from the imposition of a liberal statutory construction: "Statutory provisions conditioning the right to maintain an action against the State should be liberally construed in favor of a claimant who is attempting to establish … section 11(b)" (internal quotation marks omitted)]; Matter of M.C. v State of New York , 74 Misc 3d at 692; see also Matter of O'Shea v State of New York , 36 AD3d 706, 707 [holding that purpose underlying section 11(b) was "clearly

Osborne v. Miller

38 A.D.2d 298 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 1972

The extent of the injuries to Miss Osborne was clearly known to her attorneys at that time. Subsequently there were five pretrial conferences. … Over objection she was permitted to establish the starting salary of a teacher with no experience in New Rochelle.

Serth v. New York State Department of Transportation

79 A.D.2d 801 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1980

The Department of Civil Service admitted that petitioner was qualified for both positions. … Such persons are clearly inequitably affected by the judgment and, in our opinion, are both necessary and indispensable parties to this proceeding (cf.

PS Funding, Inc. v. 1641 Park Place, LLC

2025 NY Slip Op 03349 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 2025

"[A]s a general rule, the mere filing of papers received from other entities, even if they are retained in the regular course of business, is insufficient to qualify the documents as business records" ( Bank of N.Y. … "However, such records may be admitted into evidence if the recipient can establish personal knowledge of the maker's business practices and procedures, or establish that the records provided by the maker were incorporated

Van Reed v. People's National Bank of Lebanon, Pennsylvania

67 A.D. 75 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

The case fell clearly within the doctrine previously announced by the Court of Appeals in Raynor v. Pacific Nat. Bank (supra). … Stat. at Large, 162), which provides as follows: “ That any association so extending the period of its succession shall continue to enjoy all the rights and privileges and immunities granted, and shall continue to be subject

Patane v. Griffin

164 A.D.2d 192 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1990

in prima facie tort because plaintiff failed to allege specific damages, instead making rather broad, conclusory allegations such as "irreparable injury to his reputation” and "great mental pain and anguish”, which were clearly … Moreover, plaintiff has not established that "malevolence [was] the sole motive for defendants’] otherwise lawful act[s]” (Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d 314, 333 ).

People v. Washington

119 A.D.2d 894 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1986

The People’s documentary proof established, and County Court found, that defendant was convicted in 1954 in Rensselaer County of the crime of attempted robbery in the first degree and was sentenced for such crime to a State … possession of a forged instrument in the second degree and sentenced to IVi to 3 years in a State correctional facility; and that these convictions, added to the instant conviction of grand larceny in the third degree, qualified

Belmont v. Sigua Iron Co.

42 N.Y.S. 122 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1896

We are clearly of the opinion that the moving party was not entitled, upon its papers presented upon the motions, to attack the attachment for any defects in the papers upon which the same was granted. … Supp. 710 , this affidavit was insufficient to establish the fact averred by the managing clerk, that the receiver had duly qualified, and had become invested with an interest in the defendant’s property attached.