Case law

Brown v. Manhattan Railway Co.

82 A.D. 222 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

They tended to qualify the rule of law applicable thereto in establishing the liability of the defendant if the plaintiff was guilty of contributory negligence, and this side of the question the defendant was entitled to … The issues are of negligence,, contributory negligence and damage, and if the parties limit this-case to a consideration of such questions, it may be easily tried and the issues clearly comprehended by the jury.

Abel v. Paterno

245 A.D. 285 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1935

Paterno and their agents had represented the property consisted of a tract of land more than six acres in area, the testimony indicates quite clearly that this fact was established by overwhelming proof. … The representations as to acreage are in no way qualified and they were asserted and reiterated so as to take the form of statements of fact. “ Fraud includes the pretense of knowledge when knowledge there is none.”

Gain v. Eastern Reinforcing Service, Inc.

193 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Oct 28, 1993

To qualify, the statute must evidence "an intention express or implied that from disregard of [its] command a liability for resultant damages shall arise 'which would not exist but for the statute’ ” (Schmidt v Merchants … Here, not only are the protections of Labor Law § 202-h not circumscribed to a certain class of persons, but in view of the fact that the Legislature quite clearly did not intend section 202-h as a vehicle for civil liability

In re the Arbitration between Board of Education of Westmoreland Central School District & Westmoreland Teachers Ass'n

58 A.D.2d 228 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1977

Conversely, if the award is sustained, the petitioner would not qualify to apply for a stay since it had participated in the arbitration (CPLR 7503, subd [b]; see, also, Matter of National Cash Register Co. … The award clearly resolves the issues presented in the *234 submission and defines the future roles of the parties.

Yonkers Railroad v. Hume

225 A.D. 313 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1929

The receiver, in such circumstances, is not immune from suit in the courts of the State to restrain his illegal acts simply because he' is a receiver. … If his position were upheld, the State would be just as powerless to prevent the receiver from the illegal establishment and operation of bus lines where it suited his fancy.

Ticonderoga Railroad v. Delaware & Hudson Co.

139 A.D. 542 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1910

Baldwin Branch at a convenient point to be-established by said engineer, which said railroad it is estimated will be about two miles in length. … The preamble indicated very clearly that, as has already been remarked, the primary .'

People v. Salazar

112 A.D.3d 5 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2013

Based upon the evidence before us, we conclude that such a rational basis for the policy does exist. *11 The police, of course, clearly have an interest in the reliability of coordination tests. … That same report identified the pay scale for qualified interpreters at $250 per diem, and $140 for half a day.

Distelman v. Regan

128 A.D.2d 935 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1987

does not qualify for such eligibility”. … It is an established principle that "the System is not estopped by erroneous acts of its administrative employees” (Matter of Newcomb v New York State Teachers’ Retirement Sys., 43 AD2d 353, 356 , affd 36 NY2d 953 ).

In re Application of Stutzbach

62 A.D. 219 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

Such is the established rule of law if an issue is thus raised. … The preference given in appointment clearly involves a right over all other persons entitled thereto, not similarly sitiiated.

In re Greene

121 A.D. 693 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1907

certificate of the nominations thus made to be filed- with, the election officer, and the express power conferred by the statute upon the committee designated for-that purpose to fill any vacancies, that should occur, seem to clearly … It seems to me that after the convention adjourned it had no further power to reassemble and nominate another person. ■ It had established the agency which the law required and authorized to act in the case of a person declining

In re the City of New York

219 A.D. 27 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1926

In 1857 the Legislature passed an act (Laws of 1857, chap. 763) establishing bulkhead lines for the port of New York. … This case clearly demonstrates that fact.

7 Vestry LLC v. Department of Finance

22 A.D.3d 174 · Appellate Division of the Supreme Court of the State of New York · Aug 25, 2005

completion of the approved work and confirmation thereof by the filing of a complete application, including submission of a “certificate of completion” (19 RCNY 14-41 [g] [4]), is the project granted final or permanent benefits, established … The amount of the payment due, $6,046.50, was clearly indicated on the bill as “ICIP DEFERRED.” By tax year 2001/2002, the four lots on the subject property were merged into a single “parent” lot, number 21.

Matter of Lewandowski v. Safeway Envtl. Corp.

139 N.Y.S.3d 705 · Appellate Division of the Supreme Court of the State of New York · Jan 7, 2021

[FN1] The Board later modified that decision and, in relevant part, rescinded the establishment of PTSD, without prejudice, and established the claim for agoraphobia with panic disorder. … Initially, although the Board, in its September 2016 decision, did not expressly decree that the claim for COPD was disallowed, it clearly found that there was no causally-related COPD.

In re the Arbitration between New York City Transit Authority

70 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 1979

By such amendments the Legislature clearly demonstrated an ad hoc approach to exemption of the authority from stated general provisions of the Workmen’s Compensation and Vehicle and Traffic Laws. … The authority would thus have a wall of immunity surrounding it—a wall which owners and operators of vehicles in the business of transporting passengers (other than municipalities) generally do not have.

Vogel v. Pyne

197 A.D. 633 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1921

Section 115 provides: “ Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: * * * 2. That he has a good title to it; * * * 4. … The evidence clearly indicates that Carpenter and Sickler were not disinterested witnesses, but on the contrary that they were directly interested in the result of this action.

Machado v. Gulf Oil, L.P.

2021 NY Slip Op 01849 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2021

However, the Hernandez Court explicitly distinguished Ratka , noting, "Clearly, the Court in Ratka referred to the adult distributee when it noted that other 'next of kin' were under no disability to receive letters of administration … Here, the sole distributees of the decedent's estate are his two minor children, and neither mother qualifies as an adult distributee ( see SCPA 1001).

McMurray v. New York State Division of Housing & Community Renewal

135 A.D.2d 235 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1988

Our disagreement with our dissenting brother revolves around the fact that subsequent to the entry of the judgment from which this appeal is taken, the tenant accumulated the requisite 20 years of occupancy to qualify him … Moreover, the statute is clearly remedial in nature. (Matter of Lavalle v Scruggs-Leftwich, supra, 133 AD2d, at 315 .)

Margolis v. New York City Transit Authority

157 A.D.2d 238 · Appellate Division of the Supreme Court of the State of New York · May 15, 1990

Forty-two train-masters qualified for the new superintendent or deputy superintendent title, but petitioner did not. … Clearly, petitioner is entitled to this information in order adequately to prepare for trial.

People v. Lee

116 A.D.3d 493 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2014

When discussing how to respond to the notes, defense counsel urged the court to respond to the notes together because the *495 jury was clearly “struggling with the idea of intent in the assault charge.” … The Court clarified the rule: “nonwillful, negligent loss or destruction of Rosario material does not mandate a sanction unless the defendant establishes prejudice” (id. at 567).

Matter of Ash

180 A.D.3d 1288 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2020

According to petitioner, however, the omission of the qualifying term "tangible" in article 5 was inadvertent. … Decedent's bequest to respondent in article 5 of her "personal property" clearly refers to the tangible personal property in her home, except for the two pieces of furniture given to the niece in the preceding article.