Case law

In re the Judicial Settlement of the Accounts of Jacob

5 A.D. 508 · Appellate Division of the Supreme Court of the State of New York · May 15, 1896

The executors did not qualify and enter upon the duties of their trust until nearly five months after the death of their testatrix, when letters testamentary were issued to them. … The reason for this and the real claim of the executors will more clearly appear when we consider this claim in connection with the lease of Mrs.

Jiggetts v. Grinker

148 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1989

The city defendant further argues that section 350 (1) (a) contains qualifying language which clearly subjects that sec *13 tion to the constraints of section 131-a which is the Legislature’s definitive statement on public … Clearly, the language "shall be adequate” is qualified by the reference to section 131-a and other appropriate provisions.

Loblaw, Inc. v. New York State Board of Pharmacy

12 A.D.2d 180 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1961

The plaintiff’s only interest in this controversy is to establish the right to continue to sell these tablets in its retail stores. … The plan should not be destroyed by piecemeal exceptions unless they are clearly warranted. *186 It is our conclusion that these tablets are not ‘‘ proprietary medicines ” and therefore not excepted from the operation of

In re Samuels

22 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1965

The respondent maintains that he is not suffering from any mental disability rendering him unfit to practice law, and we agree that the record is lacking in competent proof to establish that he is now mentally ill. … This court has stated: “The public is entitled to have as members of the Bar persons who are qualified and fit, and it looks to the court for its protection.”

In re the Trusts Made by Lifgren

36 A.D.3d 1042 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 2007

Lifgren (hereinafter decedent) and the qualified terminable interest property trust (hereinafter QTIP trust) created under his will. … Inasmuch as the record establishes that the nature and circumstances surrounding the sale of the stock were fully disclosed by the trustees, we find no reason to disturb the decision of Surrogate’s Court.

Ruppert v. Community National Bank

22 A.D.2d 165 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1964

Had such levy not been made this defendant would have qualified as such a “transferee” within the meaning of CPLR 5202 (sübd. [a], par. 1). … establish that plaintiff assented to the release.

Matter of Spiak

2022 NY Slip Op 05190 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 2022

The paralegal was clearly advised that all four estate beneficiaries could establish inherited IRAs, "the foreign citizen just takes a few extra steps[*4]." … Respondent sought to meet her burden in that respect with the affidavit of the certified public accountant (hereinafter the CPA) she retained to prepare her United States tax returns, whom Surrogate's Court declined to qualify

Tuccio v. Central Pine Barrens Joint Planning & Policy Commission

67 A.D.3d 689 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2009

Significantly, the Plan specifically provides, without qualification, that “[n]o fewer than 0.10 (one tenth) Pine Barrens Credits shall be allocated by the Clearinghouse or the Commission for any [qualifying] parcel or land … Clearly, the Property is partially, rather than fully, improved.

Pharmaceutical Society of New York, Inc. v. New York State Department of Social Services

223 A.D.2d 58 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1996

In April 1992, the Legislature amended Social Services Law § 367-a (6) to establish a copayment program for its Medicaid prescription drug plan (see, L 1992, ch 41, § 91), pursuant to the terms of which the State was permitted … Here petitioner, relying upon the "Notwithstanding any inconsistent provision of law or regulation to the contrary” clause contained in Social Services Law § 367-a (9), contends that such language clearly manifests the Legislature

Lower Manhattan Loft Tenants v. New York City Loft Board

157 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1990

Upon their purchase by the owner, the unit qualifies for exemption from rent regulation (with certain limitations). … As the Court of Appeals stated it, "statutes in pari materia are to be construed together and 'as intended to fit into existing laws on the same subject unless a different purpose is clearly shown’ ” (Matter of Lower Manhattan

In re Camp

18 A.D. 110 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

This would clearly have been so if the proof of them had been dependent upon evidence offered by the executor. … It is not seen that the surrogate treated the evidence in that respect as conclusive, but it may be: assumed that lie deemed it as sufficient to establish those, credits.

ASA Institute of Business & Computer Technology, Inc. v. McCall

281 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 2001

The Legislature has established specific criteria to identify students and educational programs eligible for TAP grants, as well as a mechanism to ensure the integrity of the program (see, Education Law arts 13, 14). … Indeed, the attendance registers, corrected by petitioner’s registrar years after the courses were offered, clearly failed to comply with the standards set forth in the regulations requiring a verified, contemporaneous record

Atlantic Capital Realty v. Cayuga Capital Management, LLC

116 A.D.3d 890 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2014

Here, even assuming that the documents relied upon by the defendants in support of that branch of their motion which seeks dismissal pursuant to CPLR 3211 (a) (1) qualify as documentary evidence (see Fontanetta v John Doe … In addition, contrary to the defendants’ contention, the allegations of the complaint which assert a claim for damages as a result of the defendants’ alleged breach of an agreement to pay an earned commission also clearly

In re the Arbitration between Allstate Insurance & La Perta

42 A.D.2d 104 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1973

provided that any such person specified in (1), (2) or (3) must have first obtained Customer’s permission, and provided further that no person, including Customer, shall operate or drive vehicle unless such person is a qualified … Contrariwise, it was clearly to be seen by the renter when he signed his name, was in larger print and w;as specific in its *110 statement that the lessee 1 ‘ will not surrender the use of the.

Atlantic Capital Realty v. Cayuga Capital Management, LLC

116 A.D.3d 890 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2014

Here, even assuming that the documents relied upon by the defendants in support of that branch of their motion which seeks dismissal pursuant to CPLR 3211 (a) (1) qualify as documentary evidence (see Fontanetta v John Doe … In addition, contrary to the defendants’ contention, the allegations of the complaint which assert a claim for damages as a result of the defendants’ alleged breach of an agreement to pay an earned commission also clearly

People v. Murphy

93 A.D. 383 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1904

. * He quotes 'Wharton as saying : “ To sustain a conviction for a crime produced by a negligent act, a causal connection must be alleged and established between the act and the result.” … It is sufficient if the idea is clearly and distinctly expressed, for neither clerical nor grammatical errors will. vitiate, unless they change the word or obscure the meaning.”

Koehler v. Syracuse Specialty Manufacturing Co.

42 N.Y.S. 182 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1896

established the same or either of them. … He was, therefore, sui juris, and, in the absence of evidence tending to show that he was not qualified to understand and appreciate the situation in which he was placed, and the possible danger arising therefrom, he was

Gallant v. Kanterman

198 A.D.2d 76 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1993

With that in mind, our review of the pleadings is guided by the principle that further discovery, and even a third amended complaint, are justified except where dismissal of a particular claim is clearly warranted as a matter … Under these unique circumstances, the first cause of action should not have been dismissed as against the Rostolder defendants without clear evidence establishing that they were not in possession of Donald Kanterman’s assets

People v. Ugweches

116 A.D.3d 440 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2014

These declarations did not qualify as excited utterances, and, under the circumstances of the case, they were not admissible as background information to complete the narrative and explain police actions. … Any benefit that defendant may have gained when his counsel attempted to suggest that a police witness fabricated the existence of the bystander declarations was clearly outweighed by the prejudicial effect of having the

Slochowsky v. Shang

67 A.D.2d 926 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1979

Title 45 (§ 233.90, subd [a]) of the Code of Federal Regulations goes on to provide: "In establishing financial eligibility and the amount of the assistance payment, only such net income as is actually available for current … Clearly under 45 CFR 233.90 (a), as it applies in New York, the stepfather could move into the woman’s apartment, and bank the $200 he would otherwise pay in rent.