Case law

Thornton v. Baron

4 A.D.3d 258 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2004

We noted that the proscription applies “even where the prior rental history clearly indicates that an unauthorized rent increase had been imposed (Matter of Silver v Lynch, 283 AD2d 213, 214 [2001]; see also Matter of Payne … Rather, using the last legal stabilized rent furthers the purpose of the Rent Stabilization Law, which in general is to protect tenants in specified and qualified apartments from excessive rent that might be charged due to

Sands Point Partners Private Client Group v. Fidelity National Title Insurance

99 A.D.3d 982 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 2012

A CPLR 3211 (a) (1) motion may be granted “only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing a defense as a matter of law” (Goshen v Mutual Life Ins. … Materials that clearly qualify as “documentary evidence” include “documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are ‘essentially undeniable

Morgan v. Morgan

148 A.D.2d 720 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1989

Additional testimony established that the father worked long hours and that the mother, who is not employed, would be at home and more available for the child. … The court clearly indicated that it was awarding custody to the mother based primarily upon the child’s need for stability, which would best be met by continuing the current custodial situation under the circumstances.

People v. Jones

136 A.D.3d 1153 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2016

used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury" (Penal Law § 10.00 [13]; see People v Griffith, 254 AD2d 753, 753-754 [1998] [10-ounce bar glass qualifies … Additionally, a photograph taken shortly after the assault and admitted into evidence at trial clearly depicts a significant wound to the left side of Disonell's face, and Disonell testified at trial (some six months after

People v. Dunn

248 A.D.2d 87 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1998

Four days later, defendant appeared with his attorney before the Grand Jury and acknowledged that he had read and signed a waiver of immunity and had conferred with his attorney. … It is well established that a defendant who has provided timely notice has a right to testify before a Grand Jury hearing testimony about a crime that the defendant is alleged to have committed.

People v. Lytle

7 A.D. 553 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

But they have clearly committed a blunder in not reserving sections 89 and 91 from the repeal of chapter 12. … Clearly this act was not designed to limit, or in any manner restrict, the power, as it had theretofore been exercised for the period of sixty years.

In re the Estate of Miller

99 A.D.2d 780 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1984

The trustees agreed to be bound by this provision as a condition for qualifying. … Article 9 of her will clearly indicates that she intended that the power of appointment be executed in favor of the residuary beneficiaries, objectants Tyroler and Jacobs.

People v. Crampton

107 A.D.2d 998 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1985

The difficulty with this holding is that the extrajudicial statement was being offered to establish identity and was clearly hearsay (Richardson, Evidence [10th ed], § 200, p 176). … Even if the statement qualifies as a “present sense impression” exception to the hearsay rule (see People v Watson, 100 AD2d 452, 463-469 ), the victim was virtually unconscious at the time she purportedly heard this statement

Papa v. Associated Indemnity Corp.

147 A.D.3d 1558 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2017

As a preliminary matter, we note that D&D’s expert did not aver that he has any expertise in mechanical engineering, dynamics, or a related field that would qualify him to give an opinion with respect to the effect of mechanical … By its plain terms, the contract limits coverage to $25,000 for damage caused when groundwater enters the basement through a gap, hole, or opening in the wall, and the conduit clearly falls within the water damage exclusion

In re Codey

183 A.D.2d 126 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1992

The court held that the reporter was not a material and necessary witness within the meaning of the Uniform Act because the testimony which was sought was subject to the qualified privilege afforded to newspersons by the … That situation differs markedly from the one in the instant case, where the party subpoenaed is itself clearly entitled to raise the privilege involved.

People v. Bradley

22 A.D.3d 33 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2005

It noted that “some statements qualify under any definition—for example, ex parte testimony at a preliminary hearing” ( 541 US at 52 ). … Preliminary, on-scene interviews are clearly distinguishable from the ex parte testimony found to be excludable on Sixth Amendment grounds in Crawford .

People v. Pleasant

76 A.D.2d 244 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1980

The court there stated that "he cannot claim immunity from prosecution simply because his appearance in court was precipitated by an unlawful arrest” (at p 474). … Clearly no reasonable nexus exists between the tainted conduct of the Suffolk County police and the proposed identification testimony.

People v. Addimando

152 N.Y.S.3d 33 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 2021

It does reduce the sentences greatly, but the judge has the discretion to establish that. … Instead, the defendant established, through her lengthy testimony, photographs, and other evidence that Grover repeatedly abused her physically and sexually.

People v. Esteves

152 A.D.2d 406 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1989

A determination as to whether Vincente’s nonverbal statement qualified as an excited utterance requires factual determinations dissimilar to those surrounding the issue of dying declarations. … The proof clearly established that the defendant possessed the requisite mental culpability required for the commission of the offense of manslaughter in the first degree (the intention to cause serious physical injury) and

Sands Point Partners Private Client Group v. Fidelity National Title Insurance

99 A.D.3d 982 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 2012

A CPLR 3211 (a) (1) motion may be granted “only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing a defense as a matter of law” (Goshen v Mutual Life Ins. … Materials that clearly qualify as “documentary evidence” include “documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are ‘essentially undeniable

Papa v. Associated Indemnity Corp.

147 A.D.3d 1558 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2017

As a preliminary matter, we note that D&D’s expert did not aver that he has any expertise in mechanical engineering, dynamics, or a related field that would qualify him to give an opinion with respect to the effect of mechanical … By its plain terms, the contract limits coverage to $25,000 for damage caused when groundwater enters the basement through a gap, hole, or opening in the wall, and the conduit clearly falls within the water damage exclusion

In re Luz P.

189 A.D.2d 274 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1993

Clearly, no Frye test was appropriate or necessary before a Spanish interpreter was provided for Luz’s parents, the respondents in this proceeding. … Quite clearly the court must be satisfied that the testimony *282 as transmitted by facilitation is in fact the testimony of Luz herself, uninfluenced by the facilitator.

People v. Beaman

102 A.D. 151 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1905

Assuming that this evidence would tend to show that the milk complained of was the actual product of his dairy without the addition or admixture of any water or fluid or foreign substance, would that fact if fully established … If the defendant’s contention is right, then any producer is immune from punishment if he shows by a chemical analysis that the ordinary product of his-herd is no better than the kind of milk he peddles to his customers,

Weingarten v. Board of Trustees

287 A.D.2d 14 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 2001

Each tier provides for different retirement benefits, with the higher level, and earlier established, tiers generally providing the most favorable benefits. … Priority in hiring is accorded to teachers with such retention rights and qualified day school teachers.

Morris v. Carnegie Trust Co.

154 A.D. 596 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1913

As to the words “ as provided by the Code of Civil Procedure,” it is claimed by plaintiffs and conceded by defendant that they do not affect the question now under consideration, and are to be taken merely as qualifying the … I think they clearly are.