Case law

Matter of Harrison Orthodox Minyan, Inc. v. Town/Village of Harrison

2025 NY Slip Op 01634 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2025

Since the caretaker's "full-time job [wa]s to maintain the premises during the summer months and to keep the property secure during the remaining months of the year," the Court reasoned that "the use of the residence [wa]s clearly … In reaching its decision, the Court noted that the theater corporation, "[i]n order to hire qualified actors and staff, . . . recruit[ed] candidates from around the country" and "traditionally provided housing for many of

People ex rel. Cumisky v. Wurster

14 A.D. 556 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1897

Although the statute does not in direct terms provide by whom licenses shall be granted, it clearly contemplates that they will be granted by the mayor, as is seen by reference to the provision that the city clerk shall “ … There is no express reference to any licenses in section 13 of title 2 of the charter, and although power is given to the common council in that section to make, establish, alter, modify, amend!

In re Starrett

53 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 1976

At a duly held hearing it was clearly established that a conservator was needed and that the proposed conservatee could not care for herself or for her property. … Strangers will not be appointed unless it is impossible to find within the family circles, or their nominees, one who is qualified to serve (Matter of Dietz, 247 App Div 366, 367 ).

Northville Industries Corp. v. National Union Fire Insurance

218 A.D.2d 19 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1995

As such, the allegations clearly fell within the pollution exclusions from coverage. Moreover, contrary to Northville’s assertion, the allegations did not suggest a sudden discharge of pollutants. … Rather, the claims alleged, and the evidence established, that the leak was active and continuing in nature for a lengthy period of time.

People v. Napolitano

282 A.D.2d 49 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2001

Trading on such information qualifies as a ‘deceptive device’ under § 10 (b), we have affirmed, because ‘a relationship of trust and confidence [exists] between the shareholders of a corporation and those insiders who have … an owner of corporate stock, which defendant illegally purchased, that the owner’s decision whether to sell his stock was greatly affected by his reliance on the integrity of the playing field, and therefore, defendant clearly

Hull v. Hull

172 A.D. 287 · Appellate Division of the Supreme Court of the State of New York · May 3, 1916

, Sr., who died in the city of Binghamton on or about June 25, 1897, leaving a last will and testament, duly admitted to probate, and that the defendant John Hull, Jr., was appointed executor thereof, and thereupon duly qualified … The demurrer admitting these facts, the plaintiff is clearly estopped by the decree, and the complaint should be dismissed on that ground, assuming it to have stated a good cause of action in the first instance.

People v. Roth

13 A.D.2d 295 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1961

the defendant himself, on cross-examination, gave testimony clearly indicating that he knew the nature and quality of his acts and that they were wrong. … It was clearly proper to allow Dr.

Moser v. Devine Real Estate, Inc.

42 A.D.3d 731 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 2007

Although the parties are bound by this finding, we find that Supreme Court clearly left open the question of whether a fiduciary relationship nevertheless subsequently evolved between 1998 and 2003; indeed, the court pointed … Plaintiff met his prima facie burden as the movant for summary judgment by alleging that none of the information identified by defendants—not customer information nor the terms of the proposal proffered by defendants to Morgan—qualifies

People v. Horton

19 A.D.2d 80 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1963

The evidence clearly shows that a group of teen-age boys, of which the appellants were members, felt aggrieved at the conduct of the members of the Jesters, a.group of boys of similar *82 age who resided in aii area generally … While these facts áre not conceded by the'’ defendants,, they Were amply established, and there is' no claim' fífát the' eVMeU'e'é' did not establish defendants’ guilt beyond' a reasonable' doubt.

People v. Schenandoah

10 A.D.2d 342 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1960

It was highly important, therefore, that the rules applicable to this alleged confession should have been clearly enunciated by the Trial Judge. … “It has significance only insofar as it lends to the establishment of the statutory grounds for exclusion.” (People v. Spano, 4 N Y 2d 256, 261.)

Taylor v. 72A Realty Associates, L.P.

151 A.D.3d 95 · Appellate Division of the Supreme Court of the State of New York · May 25, 2017

However, on the other hand, an owner cannot use the lack of registration or misapprehension of the law as a sword to establish a rent that clearly bears no relation to the appropriate parameters of rent regulation. … In New York City, multiple dwellings may qualify for tax incentives designed to encourage rehabilitation and improvements (see Administrative Code of City of NY § 11-243 [previously § J51-2.5]).

People ex rel. Kelsey v. New York Post-Graduate Medical School & Hospital

29 A.D. 244 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

It rests entirely upon the circumstances attendant upon the action of the board; in other words, upon inferences drawn from the facts established by the direct evidence. … They either hold contracts or honorary relations with the college; but which, the papers here do not clearly disclose.

S.S.I. Investors Ltd. v. Korea Tungsten Mining Co.

80 A.D.2d 155 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1981

Since no formal contract was subsequently entered into, no binding legal relationship was ever established. … The plaintiff’s attempt to circumvent this established practice will not be countenanced.

Rector v. Committee to Preserve St. Bartholomew's Church, Inc.

84 A.D.2d 309 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1982

In December, 1980, after the establishment of the committee, the church commenced this action against it and five individuals including Armstrong, its chairman, to enjoin them from using the name Committee to Preserve St. … As the extensive legislative history of section 2-b of the Religious Corporations Law clearly demonstrates, however, the Legislature intended the Not-For-Profit Corporation Law to be controlling with respect to religious

Stokes v. Houghton

16 A.D. 381 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

The reason given was that any one claiming rights under the contract would first be compelled to establish the authority of the alleged agent. … However, the record of the receivership suit is just as clearly extrinsic matter as are transactions between the mortgagor and mortgagee.

Kimeldorf v. First Union Real Estate Equity & Mortgage Investments

309 A.D.2d 151 · Appellate Division of the Supreme Court of the State of New York · Sep 4, 2003

Plaintiff clearly does not want to own preferred shares of Gotham Golf Corporation or to receive the equivalent compensation. … Even if that were not the case, by definition the responsibility for business judgments must rest with the corporate directors; their individual capabilities and experience peculiarly qualify them for the discharge of that

Harris v. State

38 A.D.3d 144 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2007

In October 2000 the claimant moved to vacate the judgment of conviction pursuant to CPL 440.10 “on the grounds of newly discovered evidence which evidence establishes clearly that he is innocent of the crimes for which he … Clearly, the claimant’s judgment of conviction was vacated pursuant to CPL 440.10 (1) (g), based on newly discovered evidence, which is one of the grounds enumerated in the statute.

Scheu v. High-Forest Corp.

129 A.D.2d 366 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1987

However, the qualifying phrase "pecuniary injuries” excludes recovery for grief, loss of society, affection and conjugal fellowship (see, Liff v Schildkrout, 49 NY2d 622, 632-633 ). … The first centers around the expert testimony that plaintiffs offered to establish Mahaney’s condition when he left Glenwood Pines, and the second concerns Mahaney’s blood alcohol content of .20%.

Smallwood v. Lupoli

107 A.D.3d 782 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 2013

recover damages for breach of fiduciary duty are (1) the existence of a fiduciary relationship, (2) misconduct by the defendant, and (3) damages directly caused by the defendant’s misconduct (see Palmetto Partners, L.P. v AJW Qualified … The complaint and amended complaint clearly demonstrate that financial gain was the motivation for committing the acts complained of, rather than malevolence toward the plaintiffs (see Etzion v Etzion, 62 AD3d 646, 651 [2009

Logan v. Greenwich Trust Co.

144 A.D. 372 · Appellate Division of the Supreme Court of the State of New York · May 5, 1911

Greenwich, in the State of Connecticut, where he resided, and on the 14th of January, 1910, the defendant the Greenwich Trust Company of Greenwich, Conn., was appointed administrator of the property of the deceased, and duly qualified … That such is the nature of this proceeding in this-latter class of cases is clearly evinced by two weU-established propositions: First, the judgment of the court, though in form a personal judgment against the defendant,