Case law

Jenkins v. Jenkins

145 A.D.3d 1231 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 2016

In this regard, "it is clear that judicial records, as well as . . . any other papers, the contents of which are essentially undeniable, would qualify as documentary evidence in the proper case" (Fontanetta v John Doe 1, … Hunt Club v Town of Claverack, 222 AD2d at 770), which clearly evidences the parties' intent to reach an integrated resolution of the disputes then pending between them.

DEROSA, PATRICIA v. DYSTER, PAUL

Appellate Division of the Supreme Court of the State of New York · Dec 23, 2011

With respect to the merits of petitioner’s claims, we conclude that the MOU gave qualified employees a choice of either participating in the health care plan or opting out of that plan. … The opt-out paragraph specifically states that qualified employees, not retirees, could elect to opt out of the health care plan.

California Suites, Inc. v. Russo Demolition Inc.

98 A.D.3d 144 · Appellate Division of the Supreme Court of the State of New York · May 31, 2012

Since the record conclusively establishes that plaintiff received notice of the proposed demolition, its due process claim is without foundation. … Having laid bare their proof on the issue of notice by presenting opposing evidence and disputing its import and effect, the parties clearly invited the motion court to resolve the question based on their submissions (see

Bankers Surety Co. v. Meyer

146 A.D. 867 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 1911

owns and holds them; that said Frederick Meyer, the maker of the notes, died intestate on Sep-. tember" 23, 1909, and that thereafter letters of administration upon his estate were duly issued • to defendants, who duly qualified … This clearly recognizes, as is undoubtedly the law, that an unmatured debt is entitled to the same protection and remedies as one which has matured before the death of the debtor, and section 2745 requires the surrogate,

In re the Arbitration between Professional, Clerical, Technical, Employees Ass'n

103 A.D.3d 1120 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2013

It is well established that “an arbitrator’s rulings, unlike a trial court’s, are largely unreviewable” (Matter of Falzone [New York Cent. Mut. Fire Ins. Co.], 15 NY3d 530, 534 [2010]). … The arbitrator further concluded that the term “qualify” as used in the second sentence of article 22, § 1 (d) did not mean minimally qualified.

People v. Barreto

64 A.D.3d 1046 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 2009

The thrust of defendant’s argument is that the People failed to establish that the medical cause of the victim’s death was a cranial cervical dislocation resulting in cardiopulmonary arrest. … To be sure, defendant’s expert in pathology was well qualified, and he criticized the findings and methods of the People’s pathologist.

Given v. Prudential Insurance Co. of America

44 A.D. 549 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

No other applications are produced, neither is there any other medical examination established. The identity of Margaret 0. … It is. also an established fact, foi' all the purposes of practical certainty, that the name of John 0.

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

Appellate Division of the Supreme Court of the State of New York · Feb 1, 2013

It is well established that “an arbitrator’s rulings, unlike a trial court’s, are largely unreviewable” (Matter of Falzone [New York Cent. Mut. Fire Ins. Co.], 15 NY3d 530, 534). … The arbitrator further concluded that the term “qualify” as used in the second sentence of article 22, § 1 (d) did not mean minimally qualified.

Pounds v. Egbert

117 A.D. 756 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1907

. ■ Shortly after said conveyance, the plaintiff’s partnership with said Decker ended, and a corporation was organized, styled the Manor ¡Realty Company, whose stock, except enough to qualify directors, was owned by the plaintiff … In the case at bar the plaintiff has done nothing, clearly referable to the contract, for which he cannot be fully compensated in an action at law, arid the cases of Wheeler v. Reynolds, Cooley v. Lobdell and Russell v.

Gaeta v. New York News, Inc.

95 A.D.2d 315 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 1983

The mere fact that the statement appears in print does not automatically invest it with the degree of “legitimate public concern” so as to immunize the publisher from liability except upon a showing of gross irresponsibility … Kramer did recognize the need for corroboration since she visited the nursing home in Elmhurst where Nies had been placed, but this was clearly to examine conditions there, not for verification of plaintiff’s role in his

People ex rel. Briggs v. Hanley

37 N.Y. Crim. 151 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1918

*161 'Clearly it was not Foye’s. His possession of the money was the consummation of a series of acts constituting larceny. The money in Foye’s hands belonged to Brown & Company, and was stolen. … The operation of depositing the money for a few minutes in a bank and then drawing it out again could work no immunity to the person receiving the money with full knowledge of the transaction.

In re the Arbitration between Professional, Clerical, Technical, Employees Ass'n

103 A.D.3d 1120 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2013

It is well established that “an arbitrator’s rulings, unlike a trial court’s, are largely unreviewable” (Matter of Falzone [New York Cent. Mut. Fire Ins. Co.], 15 NY3d 530, 534 [2010]). … The arbitrator further concluded that the term “qualify” as used in the second sentence of article 22, § 1 (d) did not mean minimally qualified.

People v. McCullough

126 A.D.3d 1452 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2015

In People v LeGrand ( 8 NY3d 449 [2007]), the Court of Appeals established a two-stage inquiry for considering a motion to admit expert testimony on eyewitness identification (see Santiago, 17 NY3d at 669 ). … Those factors are clearly relevant to the eyewitness’s identification of defendant (see Abney, 13 NY3d at 268 ).

Maresca v. McElligott

262 A.D. 179 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1941

disqualification from the performance of “ any duties,” the Special Term held that respondent was entitled to be reinstated at full pay to such light duties as the medical officers of the department may certify him to be qualified … disqualified and that such disqualification was a non-service-connected disability, then, under mandate of the statute, the fire commissioner’s direction that respondent be retired from the department at one-third pay was clearly

Owen v. City of New York

141 A.D. 217 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1910

The duty of the municipality to remove snow and ice is a qualified one and becomes imperative only when a formation or obstruction dangerous to public travel has been created and the city has actual or constructive notice … No such ordinance was introduced here. ’ It is, however, clearly to be inferred from the evidence that the board of education assumed and customarily performed the duty, in connection with the control and management of the

O'Leary v. American Airlines

100 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1984

Defendant thereafter moved, inter alia, for an order striking any reference to that regulation and precluding introduction of any evidence with respect thereto on the ground that it neither established a separate cause of … However, this rule is qualified to the extent that the actual injury must have been a consequence against which the regulation was intended to protect (Chester Litho v Palisades Interstate Park Comm., 33 AD2d 202, 205 , affd

Cohen v. Starke

269 A.D. 256 · Appellate Division of the Supreme Court of the State of New York · May 18, 1945

When the amendment to section 8 is considered the right of the appellants to continue in possession is clearly established. … S. 398, 434 ), said: “ Hot only is the constitutional provision "qualified by the measure of control which the State retains over remedial processes, but the State also continues to possess authority to safeguard the vital

People v. M&H Used Auto Parts & Cars, Inc.

22 A.D.3d 135 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 2005

Under the particular facts of this case, we defer to the Legislature the question of whether the subject crimes qualify as public welfare offenses so as to dispense with the culpable mental state with respect to one or more … The fines were clearly intended to deter parties, such as the defendants, from engaging in environmental crimes.

Sandals Resorts International Ltd. v. Google, Inc.

86 A.D.3d 32 · Appellate Division of the Supreme Court of the State of New York · May 19, 2011

However, none of these factual assertions establishes a meritorious defamation claim. … e-mail imply that it is based upon undisclosed facts; on the contrary, each remark is prompted by or responsive to a hyperlink, that is, it is “accompanied by a recitation of the facts upon which it is based,” and therefore qualifies

Grant v. Pratt & Lambert

84 N.Y.S. 983 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1903

Thereupon the plaintiff, to establish his cause of action, read from the printed record that portion of the plaintiff’s case given upon the former trial which tended to establish the making of the contract and the breach … It is made clearly to appear in the present record that such assumption was unwarranted, and it was made so to appear in the court below.