Case law

Matter of County of Nassau v. Nassau County Sheriff's Corr. Officers' Benevolent Assn.

2024 NY Slip Op 00069 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2024

"An arbitration award may be vacated if it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation of the arbitrator's power" ( Matter of County of Nassau v Civil Serv. … The arbitrator's decision to award the claimants a designation that their injuries or illnesses qualified for statutory benefits was therefore irrational, considering that there was no proof that any such benefits were required

Owens v. Owens

107 A.D.3d 1171 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2013

Although the husband apparently qualified for Medicaid eight months before trial, the court found, and the record confirms, that he “continued to make significant expenditures! … The record further establishes that, throughout the majority of their marriage, the parties and their children enjoyed a very comfortable lifestyle in a dwelling that was beyond the average home.

1029 Sixth, LLC v. Riniv Corp.

9 A.D.3d 142 · Appellate Division of the Supreme Court of the State of New York · May 25, 2004

Moreover, while exact quantities and qualities of these items are not established, the fact that it would concededly have cost thousands of dollars and required hours of labor to clear it away establishes that this circumstance … Second, as a practical matter, the debris left behind was of a quantity that did not qualify as de minimis.

Matter of Ciardullo v. McDonnell

2025 NY Slip Op 03365 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2025

Co. v Tax Appeals Trib. , 75 NY2d 75, 78 [1989]), therefore the party "seeking the benefit of the tax deduction [has the] burden to establish its entitlement to same by pointing to some provision of law plainly giving the … Accordingly, we are satisfied from our further review of the record that substantial evidence supports the Tribunal's determination that Ciardullo did not qualify as a bond trader within the purview of Tax Law § 612 (c) (

White Corbin & Co. v. Jones

45 A.D. 241 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

. * * * If there is an overvaluation so substantial in amount that, either in connection with proof of the intention or from the facts upon which the intention may be clearly found, it is evident that there was an intent … Y. 225 ) it was said: “The actual value of. the .property is an important item of evidence, and, with other.circupistances,..may- be sufficient to' establish fraud.” In Douglass v. Ireland ( 73 N.

L.K. Comstock & Co. v. New York Convention Center Development Corp.

179 A.D.2d 322 · Appellate Division of the Supreme Court of the State of New York · May 7, 1992

of qualified minority businesses and workers to perform such work and other related factors.” … Nevertheless, it must be noted that Richmond v Croson Co. ( 488 US 469 , supra) is clearly inapplicable to the facts here.

Huerta v. New York City Transit Authority

290 A.D.2d 33 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2001

Finally, on this point, both this Department and the Second Department have flatly rejected the Transit Authority’s claim that it is immune from the City’s regulatory safety standards. (D’Arpa v New York City Tr. … The statute’s language clearly limits the exemption to a subway or structure appurtenant to a subway, not an escalator.

Molloy v. Bane

214 A.D.2d 171 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1995

Viewed from this perspective, the determination under review is clearly not arbitrary and capricious (see, Matter of Tutino v Perales, 153 AD2d 181 , supra) and there is certainly a rational basis for the termination of the … example, subdivision (5) of Social Services Law § 366 provides that any transfer of a nonexempt resource within 24 months prior to an application for medical assistance shall be presumed to have been made for the purpose of qualifying

Pugh v. Desantis

37 A.D.3d 1026 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 2007

A report authored by an orthopedic surgeon who examined plaintiff four months later—in May 2003—opined that plaintiff’s complaints “are clearly an aggravation of a pre-existing symptomatic condition related to [a] 1986 motor … With respect to establishing a current injury, Merrihew relied upon plaintiffs X rays which, in his opinion and that of Sellig, showed “some straightening” of the cervical spine.

Clark v. Allen

7 A.D.2d 144 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1958

The petitioners include the trustees of that district as well as certain taxpayers and qualified voters therein. … Geographical situations may clearly exist whereby two or more areas, each consisting of two or more districts or parts of districts, may each be contiguous to the city district but not to each other. *146 When section 1526

People v. Ryan

2018 NY Slip Op 3380 · Appellate Division of the Supreme Court of the State of New York · May 9, 2018

Rather, "an act qualifies as a sufficiently direct cause when the ultimate harm should have been reasonably foreseen'" ( People v DaCosta, 6 NY3d at 184 , quoting People v Matos, 83 NY2d at 511 ; see Matter of Anthony M., … Clearly, the defendant's motor vehicle was an integral instrumentality physically and directly involved in the police officer's death.

People v. Gottfried

94 A.D.2d 632 · Appellate Division of the Supreme Court of the State of New York · May 10, 1983

and explicitly affirmed in the dissenting opinions, that People v Farrar (supra), did not directly, or by implication, limit the power of intermediate appellate courts explicitly set forth in CPL 470.20 (subd 6) to reduce clearly … If, as I expect, such studies confirm that prosecutors have assumed a sentencing power which is inappropriate for them to exercise, and for which they are often not qualified, a groundwork will have been established for remedial

Frost v. Michenor

54 N.Y.S. 1100 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1898

What are the conditions and limitations established by law? … Clearly, the common-law right of the defendants to fix a reasonable price of admission, and the payment by every visitor of such price, and the observance of the reasonable regulations, as the defendants apply them equally

Metzendorf v. 130 West 57 Co.

132 A.D.2d 262 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1987

The landlord established most of the aforementioned facts by documentary evidence on its motion for summary judgment. … Clearly, the tenant’s "convenience” does not qualify as a legal excuse for his failure to file tax returns from his actual residence. (Cf, Matter of Rose Assocs; v State Div. of Hous. & Community Renewal, 121 AD2d 185.)

City of New York v. Stringfellow's of New York, Ltd.

253 A.D.2d 110 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1999

In interpreting section 12-10, the IAS Court found that it clearly and unambiguously applies only to businesses otherwise qualifying as adult establishments where such businesses are not customarily open to the general public … Section 12-01 (d) specifically provides that “words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.”

Bibeau Jr. v. Ackey

56 A.D.2d 971 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2008

Initially, petitioner filed the family offense petitions on behalf of his child, seeking orders of protection for her, and clearly he had standing to do so (see Matter of Loriann Q. v Frank R., 53 AD3d 735, 736 [2008]; Matter … dismissed the petitions for lack of subject matter jurisdiction after concluding that petitioner was not related by blood or marriage to either the aunt or the uncle and, therefore, no relationship existed between them to qualify

People ex rel. Ordway v. St. Saviour's Sanitarium

34 A.D. 363 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Annexed to. the return to the writ of habeas corpus and forming part thereof are the affidavits of two .qualified physicians. … Constitutional immunities are precisely the same as to ■each.

In re Searls

22 A.D. 140 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

In each of these cases the person to whom authority is given to subpoena a witness to appear before himself is a judicial officer of this State, duly elected and qualified, and having judicial powers by virtue of *144 his … The words of the section clearly, as we have said, refer to such officers, and it is equally clear, as we think, that they do not refer to any other persons.

Matter of Oceanview Home for Adults, Inc. v. Zucker

2023 NY Slip Op 02365 · Appellate Division of the Supreme Court of the State of New York · May 4, 2023

Such public entities must "administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities" (28 CFR 35.130 [d]). … respondent has demonstrated that the challenged regulations are narrowly tailored to implement the integration mandate of Title II of the ADA and that the "benefit to the [protected class from the subject regulations] . . . clearly

Saul v. Swartz

112 A.D. 511 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1906

All the rest, residue and remainder of ray estate, real and personal wherever and whatever, of which T, may .die seized, possessed or'entitled to, I give, devise and bequeath' to my Executors hereinafter named who shall qualify … He said : “ The decided cases to which I have referred clearly establish that in the interpretation of such a condition'as the one under *515 review, it is proper to inquire what purpose the testator had in imposing it, and