Case law

Dean Witter Reynolds, Inc. v. Selectronics, Inc.

188 A.D.2d 117 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1993

The relevant Federal legislation certainly does not require the imposition of restrictions but merely authorizes issuers and transferors to register their securities or, alternatively, qualify for statutory exemptions. … As the Supreme Court correctly observed, Nagel had been a director and officer of Selectronics since 1983 and controlled a large number of its shares, so he was clearly an affiliate of Selectronics.

Viemeister v. White

84 N.Y.S. 712 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1903

Our attention is called to various provisions of the state Constitution in an effort to establish a conflict between the statute and the fundamental law. … The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.”

Matter of Manchanda

2024 NY Slip Op 05833 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2024

Respondent has also disclosed confidential information about clients in response to negative Google reviews and repeatedly filed non-meritorious frivolous, vexatious, or clearly meritless appeals, motions, or other papers … Cronan, J.) sua sponte (1) dismissed respondent's claims that sought to initiate a criminal prosecution of defendants or others; (2) dismissed respondent's "claims against the United States, including the FBI, on sovereign immunity

People v. Duval

2019 NY Slip Op 8542 · Appellate Division of the Supreme Court of the State of New York · Nov 26, 2019

The face of the warrant identified the premises to be searched as "[XXXX] EAST 211TH STREET, A PRIVATE RESIDENCE CLEARLY MARKED [XXXX]." … immunity.

Gilliland v. Acquafredda Enterprises, LLC

92 A.D.3d 19 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2011

Third, the court found that plaintiffs established irreparable harm based on their inability to get to the shore. … clause” (see Matter of Lawrence v 5 Harrison Assoc., 295 AD2d 131, 131 [2002] [rejecting defendant’s argument that easement was limited according to language in “Whereas clause” describing its intent, where the easement “clearly

In re Nicole V.

123 A.D.2d 97 · Appellate Division of the Supreme Court of the State of New York · Jan 8, 1987

Pat Lemp, a certified social worker, was qualified, without objection, as an expert in counseling sexually abused children. Ms. … This section, enacted before the above-mentioned amendments to Penal Law § 130.16, goes on to state very clearly, however, that the Penal Law requirement of corroboration in sex offense cases, a strict corroboration test,

Gartland v. New York Zoological Society

135 A.D. 163 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1909

mere trustee for a public purpose and is not liable for the negligent act, if any, which resulted in the injury to plaintiff ; that it was a mere governmental agency acting for the municipality and entitled to the same immunities … As to the claim that this- corporation is a governmental agency, and, therefore, exempt, it is clearly not a governmental agency.

Pressley v. City of New York

2024 NY Slip Op 06563 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 2024

a person of rights, privileges or immunities secured by the Constitution or laws of the United States" ( Braden v Sturges , 189 AD3d 2015 , 2015 [internal quotation marks omitted]; see De Lourdes Torres v Jones , 26 NY3d … The plaintiff failed to provide any information regarding the nature of his proposed amendments, let alone submit a "proposed amended [complaint] 'clearly showing the changes or additions to be made to the pleading'" ( Mendoza

Santangelo v. State

193 A.D.2d 25 · Appellate Division of the Supreme Court of the State of New York · Aug 9, 1993

legislature, however, is not prevented from recognizing claims founded on equity and justice though they are not such as could have been enforced in a court of law if the state had not been immune from suit. … In addition, this Court’s 1987 decision stated that "[b]ased on the manner in which [the patient] was confined, and given his many successful escapes, three of which were accomplished in the same manner, the record clearly

In re the Estate of Gottlieb

75 A.D.3d 99 · Appellate Division of the Supreme Court of the State of New York · May 18, 2010

Corbett has not established any facts which suggest that the will was fraudulently destroyed. … While Dier’s challenge to the second will clearly remains unresolved, the *106 threshold issue on Corbett’s challenge is whether there is any evidence to suggest that discovery would establish that the first will, which was

De Canzio v. Kennedy

67 A.D.2d 111 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1979

After receiving immunity, he testified in detail concerning the robbery of the motor vehicle office and the murder of White. … That claim is not established in the record before us.

Schumer v. Holtzman

94 A.D.2d 516 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1983

and any other investigations he deems necessary; “-reviewing all documentary evidence available from any source, as to which he shall have full access; “-determining whether an application should be made for a grant of immunity … As District Attorney Holtzman states in her brief: “These provisions clearly encompass a situation like the present one, where the District Attorney is legally qualified to act, but nonetheless public confidence might be

State Board of Equalization & Assessment v. Kerwick

72 A.D.2d 292 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 1980

None of the exemptions granted here qualify for exemption under these sections of the Real Property Tax Law providing for exemption from the real property tax. … Once the nature and basis had been established, the investigation had accomplished its purpose.

Brown v. Barker

68 A.D. 592 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1902

were duly, adjudicated bankrupts' jointly and individually, and on or about April 1, 1900, the defendant Smith was duly appointed trustee in bankruptcy of said individuals and their estates joint and individual, and duly qualified … The surplus income of this trust fund, if such surplus is established, is beyond dispute a species of property, an asset, which is liable to the claims of creditors. (Real Prop.

Gelbard v. Esses

96 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1983

The issue that remains is whether such transfers qualify as fraudulent and can thus be set aside by the petitioner judgment-creditors in this special proceeding pursuant to CPLR 5225 (subd [b]). … Clearly, the conveyances made to the transferees were executed at a time when the judgment debtor was a defendant in an action for money damages.

In re the Estate of Heinze

179 A.D. 453 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1917

Fullerton, in a petition to the Surrogate’s Court of Saratoga county, verified on the 1st day of March, 1917, alleges that he is “ the duly appointed, qualified and acting administrator of the estate of F. … Augustus Heinze; and the rule is well established that jurisdiction of the subject-matter of a controversy cannot be given by the parties; jurisdiction of the subject-matter, which is the power to act *456 upon the general

Ruberti, Girvin & Ferlazzo, P. C. v. New York State Division of State Police

218 A.D.2d 494 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1996

Supreme Court denied petitioner’s request insofar as it pertained to the troop, zone and station assignments of respondent’s sworn members, reasoning that respondent had established that the release of such information could … In this regard, it cannot seriously be argued that the test scores at issue, as well as any personnel or discrimination complaints filed against respondent’s members, fail to qualify as "personnel records” within the meaning

Hahn v. Hagar

153 A.D.3d 105 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 2017

Edna Hahn’s will conferred a qualified life estate in the property upon Thomas G. Hahn, Jr., and left the remainder interest to her four children in equal shares, as follows: “If my son, Thomas G. … Nevertheless, development rights, as that term was understood by the parties to this action, are clearly “real property, or a part thereof” (RPAPL 1602).

Midorimatsu, Inc. v. Hui Fat Co.

99 A.D.3d 680 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2012

A CPLR 3211 (a) (1) motion may be granted “only where the documentary evidence ut *682 terly refutes plaintiff’s 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

Williams v. New York City Transit Authority

108 A.D.3d 403 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2013

Though not qualified as an expert, Careccia offered conclusions and opinions based on both his common sense and Transit Authority operating criteria, which he conceded “are much higher than anyone else’s, so I would look … The admission of testimony that holds a defendant to a higher standard of care than required by common law is clearly erroneous ( see Crosland v New York City Tr.