Case law

Sutherland v. City of New York

266 A.D.2d 373 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1999

Ciabattari was clearly acting as an agent of the employer, not the owner. … As such, Pile would clearly not be entitled to summary judgment. *384 As the proponent of a motion for summary judgment, the defendant Pile bore the burden of establishing its entitlement to judgment as a matter of law (see

People v. Hamlin

9 A.D.2d 173 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1959

The cases cited by the People are clearly distinguishable. People v. … Y. 560 ) affirmed judgments of the Appellate Division wherein it had been specifically set forth that the record did not establish any violation of section 385 of the Code of Criminal Procedure. (See People v.

Edgewater Apartments, Inc. v. Flynn

216 A.D.2d 53 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 1995

Sherman, was not competent to give opinion testimony for the purpose of proving malpractice and negligence by Flynn since only another engineer, and not an architect, could establish a prima facie case against an engineer … As a general principle, it is within the reasonable discretion of the trial court to determine whether or not a witness is qualified to testify as an expert on a specific subject, which discretion will not be upset unless

White v. Cuomo

181 A.D.3d 76 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2020

constitutionality ( United States v Morrison , 529 US 598, 614 [2000]; Campaign for Fiscal Equity, Inc. v State of New York , 8 NY3d 14, 28 [2006]), and, as such, Racing, Pari-Mutuel Wagering and Breeding Law article 14 is not immune … Footnote 3: Indeed, the statutory definition of "contest of chance" acknowledges that skill may play a role in an activity that qualifies as gambling ( see Penal Law § 225.00 [1]).

Peekskill Theatre, Inc. v. Advance Theatrical Co.

206 A.D. 138 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1923

The motive of the defendants is clearly shown, both by their acts, and by their statements that they would ruin the plaintiff’s business and not allow the plaintiff to procure films for exhibition. … Many cases are cited in the appellant’s brief which not only condemn the practice of the defendants, but establish without doubt both their criminal and civil responsibility therefor.

Tannenbaum v. State Tax Commission

46 A.D.2d 400 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1975

The record establishes ¡that during the years under review he was devoted in his work,to public service in a traditionally professional sense. … That petitioner clearly was qualified and legally authorized to practice a profession is well demonstrated by the record.

Ellen v. Lauer

210 A.D.2d 87 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1994

are that plaintiff has failed to produce the insurance policy issued by the United States Automobile Association, under which she claims a right of recovery and that, in any event, she is not a "covered person” so as to qualify … Nowhere in her affidavit in opposition to the motion does *90 plaintiff contend that she continued to reside with her husband as a member of his household, although she clearly invites the Court to draw that conclusion.

People v. Archie

2024 NY Slip Op 02408 · Appellate Division of the Supreme Court of the State of New York · May 3, 2024

Moreover, "the credibility determinations of the suppression court are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record" ( Addison , 199 AD3d at 1322 [internal quotation … "[A] qualified police officer's testimony that [they] visually estimated the speed of a defendant's vehicle may be sufficient to establish that the defendant exceeded the [*2]speed limit" where the People "establish the officer

In re the Last Will & Testament of De Forest

119 A.D. 782 · Appellate Division of the Supreme Court of the State of New York · May 8, 1907

for the probate of said will and the appointment of a temporary administrator, an agreement was made by which the executors were to continue said payments; that the will has been admitted to probate, the executors have qualified … establish that they as heirs at law and .next of kin were entitled to a part or all of this estate if the testatrix diéd intestate.'

Brown v. Glennon

203 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1994

This is qualified, however, by Executive Law § 811 (5), which provides that a single-family dwelling may be rebuilt or enlarged to any extent with the caveat that no such increase shall violate or increase any noncompliance … In this regard, we note that the statement of legislative purpose set forth in Executive Law § 801 clearly establishes the State’s interest in preserving and protecting the Adirondack Park and insuring the overall protection

Johnston v. Hughes

112 A.D. 524 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1906

go’ to the trustees of the hospital would be complied with by paying it to the corporation organized for the gratuitous cure of the sick, aged, infirm and poor, which had, to carry out that object of its incorporation* established … well-settled principle that where there is a bequest or devise to an individual sufficient to vest the bequest in the legatee a subsequent provision will not cut down that bequest or devise, unless such an intention is clearly

89 Christopher Inc. v. Joy

44 A.D.2d 417 · Appellate Division of the Supreme Court of the State of New York · May 14, 1974

“No new maximum rent shall be established pursuant to paragraph (.3) [providing for the maximum base rents effective January 1, 1972] or (4) [requiring the establishment of maximum base rents effective January 1, 1974 and … The premises involved herein is a 20-unit, walk-up structure which had qualified for a January 1, 1972 MBR of $21,467, predicated, inter alia, on an O&M of $11,269.40.

E.W. Tompkins Co. v. State University of New York

61 A.D.3d 1248 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2009

Here, in an effort to establish that it possessed the requisite experience to qualify as an eligible bidder, petitioner listed in its bid submission three recent projects that it claimed it completed in September 2006, March … When Olocki requested additional information on the three listed projects, he asked that petitioner “clearly describe how these three projects meet the requirements outlined in [the quality assurance bid specifications],

Shook v. Lavine

49 A.D.2d 238 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1975

Leeway has been given to the States insofar as determining the standard of "need” and the amount of funds to devote to the program (King v Smith, supra, pp 318-319 ) but once "need” has been established the only additional … The statute clearly vests in the court the discretion to make a determination of the feasibility and desirability of permitting the action to proceed as a class action.

Allies Boulevard Bookstore, Inc. v. Cohen

90 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 1982

On April 1,1981, petitioner was issued a certificate of occupancy and compliance to operate, as a retail establishment within a roadside business (RB) zone, a “general merchandise, book, card, magazine store”. … As a consequence, the inspector concluded that the store no longer qualified as a “retail business”, but instead had taken on the character of a movie arcade.

People v. New York Edison Co.

159 A.D. 786 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1913

this section of the Sanitary Code in its present form, it seems that there had been a somewhat similar provision, then known as section 134 of the Sanitary Code, aimed at the same evil, but in it there was no adjective qualifying … The power to declare what is and what shall be a public nuisance is clearly a legislative one, and the act in question is clearly an exercise of the police power, and “ there is nothing in the act which smacks of oppression

Young Women's Christian Ass'n v. City of New York

217 A.D. 406 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1926

The rule of construction in construing an act exempting property from taxation is so well established as scarcely to need the citation of authorities. … Nevertheless, the making of profit by conducting a restaurant for the public is clearly not within the corporate purposes of the plaintiff’s charter. As stated in People ex rel. Young Men’s Assn. v.

Aldous v. Aldous

99 A.D.2d 197 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 1984

It further ordered plaintiff to undergo an examination by a qualified psychologist, at the expense of defendant, to determine her suitability as a custodial parent. … The transcript of the hearing on September 29, 1981 clearly demonstrates that one of the precipitating causes of the deterioration and ultimate dissolution of the marriage herein is the differences in the respective religious

Wohl v. Wohl

223 A.D.2d 393 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1996

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered November 2, 1994, which denied plaintiffs motion to amend a Qualified Domestic Relations Order (QDRO) entered December 20, 1993 by recalculating defendant … Such a literal interpretation of employment does not, in our view, advance the clearly articulated purpose of Majauskas (supra) which is to equitably distribute pension proceeds.

Colon v. Aetna Casualty & Surety Co.

64 A.D.2d 498 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1978

which the insured or qualified person was occupying at the time of the accident” (Insurance Law, § 617). … By the same token, it establishes the legislative understanding that words in the two statutes could be directed to have the same meaning, if that were desirable.