Case law

People v. Matthews

148 A.D.2d 272 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1989

Thereafter, he learned that defendant had been taking medication that could possibly have "covered up” a mental condition that would have qualified for the insanity defense. Dr. … This history was prepared by defendant’s mother and was clearly hearsay (see, People v Brensic, 70 NY2d 9, 14 ).

Burns International Security Services, Inc. v. International House

125 A.D.2d 239 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1986

Although plaintiff purported to immunize itself from liability to third parties such as Moskowitz, it also protected itself further by the clause granting it indemnification by International House against any such third-party … Special Term’s reliance on section (d), concerning "[bjodily *242 injury resulting solely from the operation of vehicles owned and/or leased by Burns”, to establish that the term "personal injury” did not include bodily injury

People ex rel. Reardon v. Partridge

86 A.D. 310 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

Clearly enough, this authorized a trial of the relator before the first deputy police commissioner. … and around or about the station house all the morning; and although on his direct examination the deputy commissioner testified that the captain’s statement was that he was in the station house, on cross-examination he qualified

Matter of State of New York v. Tony A.

2023 NY Slip Op 00357 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2023

according the appropriate deference to Supreme Court's credibility determinations, and based upon our independent review of the entire record, we discern no basis to overturn Supreme Court's determination that petitioner clearly … and convincingly established that respondent is a dangerous sex offender requiring civil confinement ( see Mental Hygiene Law § 10.7 [f]; Matter of State of New York v David HH. , 205 AD3d 1105 , 1107 [3d Dept 2022]; Matter

Royal Business School, Inc. v. New York State Department of Education

141 A.D.2d 170 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 1988

) that "[tjeachers * * * in registered private business schools shall have completed professional preparation at least equal to that required of teachers of equivalent curricula or courses in public secondary schools to qualify … Respondents’ interpretation of 8 NYCRR 145-2.2 is clearly rational and will be upheld (see, Matter of Bradford Cent.

Cornell University v. Bagnardi

107 A.D.2d 398 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1985

Defendants appealed, and we granted the application of various homeowners from the Cornell Heights area of the city to intervene in the appeal. *400 Historically, schools in New York have enjoyed a limited immunity from municipal … Kurzius, Inc. v Incorporated Vil. of Upper Brookville, 51 NY2d 338, 343 ), it is well established in New York that “educational uses are, by their very nature, ‘clearly in furtherance of the public morals and general welfare

Matter of Frias v. Arroyo

2024 NY Slip Op 01307 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 2024

The record established, inter alia, that the parties were both fit and loving parents to whom the child was well attached. … Moreover, the court did not err in qualifying the forensic evaluator as an expert ( see Matter of Sinnott-Turner v Kolba , 60 AD3d 774, 776 ).

Sweeney v. Prisoners' Legal Services of New York, Inc.

197 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1994

While the failure to investigate the truth of Mays’ claim alone does not support a finding of actual malice (see, Harte-Hanks Communications v Connaughton, 491 US 657, 692 , supra), here the record clearly indicates that … Based upon our review of the entire factual record, we find that plaintiff met his prima facie burden of establishing actual malice with " 'convincing clarity’ ” (Harte-Hanks Communications v Connaughton, supra, at 659; Prozeralik

Cornell v. Cornell

290 A.D.2d 735 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2002

finding extraordinary circumstances by relying on those cases which have determined that where a spouse is an untreated sexual offender and the parent refuses to admit to such, custody may be denied because such refusal qualifies … In failing to conclude that Family Court’s determinations are “clearly unsupported by the record” (Matter of Chantel ZZ., 279 AD2d 669, 672 ), we would affirm. Cardona, P.J., concurs.

People ex rel. Metropolitan Playhouses, Inc. v. Graves

251 A.D. 655 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1937

It is particularly to be noted that the hen of the original mortgage had been satisfied of record and destroyed and a new lien was created by a new obligor, thus establishing a new transaction. … The supplemental indenture, stripped of all non-essentials, is an instrument collateral to the original mortgage, and is consequently immune from taxation under section 255 of the Tax Law. (People ex rel.

Zingrebe v. Union Railway Co.

56 A.D. 555 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900

It was clearly necessary to the plaintiff’s cause of action that he should show the nature and extent of the injuries sustained by his wife, and evidence which would be material in establishing these facts would be competent … Johnson as to the conduct of plaintiff’s wife while undergoing an examination for the purpose of qualifying the physician to testify in this action,' was improperly admitted. Dr.

In re Anonymous

62 A.D.2d 1188 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 1977

The plan provides that the sponsor wishes to recommend the furnishing of legal services by qualified attorneys at a reduced cost through a group plan. … Although subdivision 5 of section 495 does not refer expressly to group legal services plans, the Court of Appeals, in reversing and remanding to the Appellate Division a proceeding pursuant *1191 thereto, clearly held in

Laureano v. Koch

100 A.D.2d 192 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1984

Thus, the establishing of rents for a particular building does not constitute the “fixing of charges” such as would be involved in establishing a standard license fee or a standard fee for filing papers with the clerk of … restructuring may entail increases over the rents previously paid by the tenant, where such an increase creates a substantial financial hardship, existing Federal and municipal rental assistance programs are made available to qualified

Guntlow v. Barbera

76 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2010

of fact exist on her assault and battery claims, as well. 5 Finally, we reject the argument of Marc Barbera, Ryan and Battuello that they were entitled to summary judgment dismissing the complaint under the doctrine of qualified … immunity inasmuch as they failed to establish, as a matter of law, that “it was objectively reasonable for [them] to believe that [their] conduct was appropriate under the circumstances, or that officers of reasonable competence

Claim of Day v. Mruk

283 A.D. 233 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1954

He had qualified as a policeman June 12, 1930, so that he had slightly over twenty-two years of service. … However, it was clearly established that the fund was one created largely out of public moneys. The order should be reversed and the petition dismissed. All concur. Present — McCurn, P.

Paul v. Consolidated Fireworks Co. of America

133 A.D. 310 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1909

This witness, *312 after qualifying generally, was asked to state “.what is usual and customary in the handling or using of gunpowder with respect to the tools and implements used in connection with it ? … Suppose we concede just what the plaintiff claims to be established by the evidence, that the stroke of this brass-faced hammer upon a steel nail produced a spark, and that this spark communicated to the dust upon the table

People v. Knapper

230 A.D. 487 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1930

Upon the other hand, if all the facts testified to by the appellant be deemed established, he nevertheless failed to prove his defense, namely, of having acted in self-defense. … In the case at bar the evidence relied upon clearly falls before the requirement that it should have been discovered by the exercise of due diligence.

Oneida Community, Ltd. v. Oneida Game Trap Co.

168 A.D. 769 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1915

The evidence in the case clearly establishes the existence of this good will; it shows conclusively that the Oneida Oommunity, Limited, game traps have an established reputation; that they are well known to the trade and … S. 624, 635 ) “is the idea that the judicial tribunals of the States are excluded altogether from the consideration and determination of questions involving an authority, or a right, privilege or immunity, derived from the

Ithaca City School District v. New York State Division of Human Rights

87 A.D.3d 268 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 2011

In our view, such a result is so clearly contrary to the express purpose of the Human Rights Law that resort to the General Construction Law is inappropriate and unreasonable. … That statute clearly applies to unfair admissions and course enrollment practices as they relate to postsecondary schools.

Madden v. Dake

30 A.D.3d 932 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2006

after the start of the trial on their eleventh-hour summary judgment motion. 3 While it is not clear when the note of issue was filed (see CPLR 3212 [a]; see also Brill v City of New York, 2 NY3d 648 [2004]), the court clearly … To establish plaintiffs future economic losses attributable to her causally related permanent moderate disability, plaintiff—in addition to her own testimony and that of her treating physician—presented the testimony of a