Case law

Freedman v. Oppenheim

80 A.D. 487 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

accordance with the statute that he is well acquainted with the handwriting of the notary and verily believes his signature to the acknowledgment is genuine, merely certifies that said notary is “ duly commissioned and qualified … specific performance of a contract to purchase will not be compelled in a proper case, notwithstanding the vendor’s title rests upon adverse possession. “ If there is no disputed question of fact, and the possession has been clearly

In re Merow

112 A.D. 562 · Appellate Division of the Supreme Court of the State of New York · May 2, 1906

Clearly such should be the determination if any mandatory requirement of the .statute was not complied with, or'if it appears that by the methods employed the voters were misled or prevented from-freely answering the questions … The object of election laws is to secure the rights of duly qualified electors and not to defeat them.

Curry v. Blum

73 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · Jan 28, 1980

In the instant case the record fails to establish that the local agency complied with the applicable State and Federal regulations in this regard. … This statement is clearly insufficient compliance with the requirement that the periodic notification "Specifically and comprehensively in simple phraseology indicate the type of information to be disclosed by the recipient

Chumar v. Melvin

112 A.D. 828 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1906

duly proved and admitted to probate in the Surrogate’s Court of the County of New York, to which court such jurisdiction belonged, and letters testamentary thereon were duly issued by said court to this plaintiff who duly qualified … It has been held many times in this department that a preference would not be granted upon the title alone showing representative capacity, but that proof by pleading or affidavit establishing the fact must be submitted on

People v. Marshall

106 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 2013

The court held that Marshall had not established any “compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution [on this count] would constitute or result in [an] injustice.” … We are not convinced that as an aged felon Marshall should be categorically immune from incarceration and it is generally inappropriate to use the interest of justice as a device for granting dispensations from mandatory

Russo v. New York State Division of Human Rights

137 A.D.3d 1600 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2016

“To establish a prima facie case of employment discrimination, petitioner was required to demonstrate that she was a member of a protected class, that she was qualified for her position, that she was terminated from employment … “The burden then shifts to the employer ‘to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support

Gould v. Village of Seneca Falls

137 A.D. 417 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1910

The bonds then would clearly have been void, because the resolution failed to comply with the provisions of section 5 of the former General Municipal Law above referred to. … We think there should be no issue or sale of bonds here until a new election is had at which women are permitted to vote if qualified in other respects aside from sex, or at least until a trial of this case is had and a decision

Exxon Corp. v. Board of Standards

128 A.D.2d 289 · Appellate Division of the Supreme Court of the State of New York · May 28, 1987

All four corners of the intersection are zoned C2-2, which allows commercial use by *291 service establishments. 1 The surrounding area is residentially zoned. … convenience store is not prohibited as an accessory use by the Zoning Resolution, although it is not expressly authorized, we remand the matter to the Board for specific findings of fact as to whether Exxon’s proposed use qualifies

Matter of Joseph M.W. (Blake)

188 A.D.3d 1563 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2020

NY3d 332, 341 [2009]; see generally People v Cratsley , 86 NY2d 81, 90-91 [1995]). " '[T]he mere filing of [data] received from other entities, even if [it is] retained in the regular course of business, is insufficient to qualify … Thus, the certification clearly states that the data sought to be admitted in evidence via the CDR was "created" and "maintained" by CSRA, a third-party entity.

Esterle v. Dellay

281 A.D.2d 722 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2001

He continued to contact respondent attempting to establish a relationship with the child, including an unsuccessful trip to Ulster County in July 1995 for that purpose. … Further medical neglect of the child by respondent was evidenced by the fact that, from August 1993 to January 1998, the child was never taken to a physician for a checkup nor did she receive any childhood immunizations.

In re Construction of the Will of Getman

30 A.D.2d 257 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1968

The case last cited is authority for the proposition that mere precatory words superadded to an absolute bequest will not be sufficient to qualify the absolute gift, or impress a trust upon it, unless the intention so to … do is clearly expressed in the will itself, for otherwise there would be introduced a repugnancy between the different portions of the will which the rules of construction forbid.”

Cubas v. Martinez

33 A.D.3d 96 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 2006

presence requirement” not authorized by law in order to qualify for a license or NDID. … Thus, rejection of her application is also attributable to administrative error since she was clearly eligible for licensing under the one year/six month guideline.

In re the Estate of Baird

126 A.D. 439 · Appellate Division of the Supreme Court of the State of New York · May 1, 1908

Conklin, the appellant herein, who duly qualified, and, aided by appraisers, prepared an inventory in duplicate (one of which he'filed in the surrogate’s office as required by law), showing a personal estate of $5,105.34, … The language used in these subdivisions clearly establishes the legislative intent to limit the exemption to such of the articles named as were possessed by the decedent at the time of his death, and excludes any justifiable

Roffler v. Spear, Leeds & Kellogg

13 A.D.3d 308 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2004

Furthermore, it does not appear that any party established that the propriety of the arbitral award must be determined with reference to federal law. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

People v. Sweeney

161 A.D. 221 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1914

In the first place the evidence of accomplices, alone, if believed by the jury, is sufficient to establish the fact that a crime has been committed. … His statement was that he met Murtha, whom he knew well, and that the latter expressed a desire to see the district attorney, remarking that he “wanted immunity.”

Grumet v. Cuomo

225 A.D.2d 4 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 1996

It is my view that by enacting the current law, a statute of general application which confers its benefit uniformly upon all qualifying municipalities, the Legislature has met the Establishment Clause concerns raised by … Its secular purpose is apparent from the language of the statute, which filled a gap in existing law by allowing municipalities to form a new district when the educational needs of the community so warrant. 5 Clearly, the

Ford v. Clendenin

155 A.D. 433 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1913

It created a certain power of sale, or certain powers of sale, and possibly established a trust, a point disputed in this case. … Ida then, being over twenty-one years of age and named as an executrix in the will, took out letters testamentary thereon and qualified and acted as such executrix.

People v. Odiari

188 A.D.3d 39 · Appellate Division of the Supreme Court of the State of New York · Sep 2, 2020

Grossly disorganized behavior "may manifest itself in a variety of ways," including "clearly inappropriate sexual behavior" (DSM-IV-TR at 300). … Moreover, here, the People established the applicability of the fourth override by clear and convincing evidence ( see Guidelines at 4; cf.

Cayuga Indian Nation of New York v. Gould

66 A.D.2d 100 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2009

Indians may purchase cigarettes for such qualified Indians’ own use or consumption exempt from cigarette tax on their nations’ or tribes’ qualified reservations. … a mechanism for enforcing and collecting the tax on qualified reservations and preserves the tax exemption enjoyed by qualified Indians (see Day Wholesale, 51 AD3d at 384-385 ).

People v. Sharpe

166 A.D.2d 620 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1990

Moreover, CPL 40.20 (2) *622 (a) allows the separate prosecution of "joinable” offenses if "[t]he offenses as defined have substantially different elements and the acts establishing one offense are in the main clearly distinguishable … from those establishing the other” (CPL 40.20 [2] [a]).