Case law

LaDuke v. Lyons

250 A.D.2d 969 · Appellate Division of the Supreme Court of the State of New York · May 14, 1998

Clearly, the hospital’s alleged conduct was “too closely related to the wrongful termination alleged to stand as a distinct cause of action” (Brooks v Blue Cross, 190 AD2d 894, 895 , supra). … We have reviewed defendants’ remaining contention regarding qualified privilege and find it to be unpreserved for appellate review. Mercure, J. P., White, Peters and Carpinello, JJ., concur.

People v. Rao

73 A.D.2d 88 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 1980

Each of the three defendants testified before the Special Grand Jury under the waiver of immunity. The undercover *93 agent, Wilkowski (Vitale), and Mrs. Errico also testified. … Errico execute a waiver of immunity prior to her testifying before that Grand Jury.

Matter of Figueroa v. Fabrizio

2019 NY Slip Op 4120 · Appellate Division of the Supreme Court of the State of New York · May 28, 2019

Given OCME's responsibilities for the testing, storage and sharing of DNA data, the Executive Law clearly applies to an LDIS, like OCME's. … A youthful offender could never qualify for automatic expungement from the database, because no DNA can be collected from such a youth post disposition.

Wien & Malkin LLP v. Helmsley-Spear, Inc.

12 A.D.3d 65 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 2004

‘[A] court may infer that the arbitrators manifestly disregarded the law if it finds that the error made by [them] is so obvious that it would be instantly perceived by the average person qualified to serve as an arbitrator … Contrary to the findings of the arbitration panel, the partnership agreements did not provide for a particular method of solicitation of proxies for a vote to terminate the managing agents and did not establish a fiduciary

Genesee Hospital v. Wagner

47 A.D.2d 37 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1975

In recent years competition for qualified interns and residents has been intense. In order to facilitate the placement of interns in our hospitals a National Intern Matching Program was developed. … The improvement in the hospital’s fmictions is clearly a matter of degree, however, with the parties differing over the extent and necessity of such improvement.

Figliola v. Ameruso

86 A.D.2d 199 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1982

Matter of Ritter v City of Binghamton, 80 AD2d 710 , affd 54 NY2d 629 ). * *203 With respect to the concurrence herein, the fact that a plumber is qualified to dig a hole does not ipso facto qualify him to fill it up. … Nevertheless, the concurrence clearly represents its status as a concurrence in the majority opinion.

In re Proving the Last Will & Testament of Foreman

238 A.D. 388 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 1933

Such settlement has not been formally completed, and no decree has been entered allowing the probate of said will, and the appellants herein have not, as yet, qualified as executors. … The courts have definitely established that by the provision contained in section 231-a for the payment of allowances out of the general estate, the allowances to be made were for services rendered to a representative of

West, Weir & Bartel, Inc. v. Mary Carter Paint Co.

25 A.D.2d 81 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1966

The rule is well established that where it is speculative whether damages were sustained there may be no recovery. The faet of damage must be clearly established. … The qualified approximation of damages above detailed would appear to meet the tests if practically viewed and practically applied. (E.g., Wakeman v. Wheeler & Wilson Mfg. Co., 101 N. Y. 205, 209-210 , supra; Spitz v.

Breese v. Graves

67 A.D. 322 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

Most attempts to establish liability of estates are based upon transactions with the decedent rather than with the representatives after their appointment. … The admission was thus made by them while engaged in performing their trust, was most clearly of a nature which they had power to make, and related to the duty then being discharged.

Jacobson v. Sassower

107 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1985

Appellant is a well-known and qualified matrimonial lawyer. Respondent client had a preliminary consultation with the attorney, for which he paid $100. … The client had a preliminary consultation with the attorney, he read the agreement, he signed it, and he paid the $2,500 fee established in the agreement.

Marabello v. City of New York

99 A.D.2d 133 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1984

Significantly, our lawmakers wrote: “There are serious shortages in the number of personnel adequately trained and qualified to provide the quality care and treatment needed. … This is because plaintiff, by his own testimony at the comptroller’s hearing and by his own acts, clearly evidenced an intent not to return to Coney Island Hospital for treatment after his visit on March 29, 1980.

Senft v. City of New York

159 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1990

In any event, the testimony clearly established that the Galt helmet was "state of the art”. … Senft’s lack of such training and reliance on Pastorella’s decision not to wear the helmet do not establish that he would have worn the helmet had be been trained.

White Corbin & Co. v. Jones

79 A.D. 373 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

Upon the last trial the court, in an admirable charge, followed the law of the case as established by the Court of Appeals. … In the present case Yredenburgh was one of the partners and clearly familiar with the business.

Pelton v. 77 Park Avenue Condominium

38 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2006

Pelton responded to the letter one week later by writing directly to board member Shaw, with whom he felt he had established a rapport. … As a review of the record clearly reflects, plaintiff has failed to make a showing of any of the three elements that would trigger judicial scrutiny of the board’s action.

State Insurance Fund v. Boyland

282 A.D. 516 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1953

We therefore clearly have the power in this proceeding to determine the basic question: Is the State Insurance Fund an agency of the State of New York whose property is exempt from taxation? … It therefore becomes necessary to examine the beginnings and the structure of the fund to determine whether the Legislature intended to shelter it beneath the mantle of the State’s sovereign immunities.

Monthie v. Boyle Road Associates, L. L. C.

281 A.D.2d 15 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2001

Conversely, when a municipality holds real property in its proprietary capacity, there is no immunity against adverse possession (see, Starner Tree Serv. … No further action was taken by the School District other than to continue to offer the subject parcel for sale as a clearly delineated plot of land. The case of Matter of City of New York (Mileau Corp.)

Dagvadorj v. DeFleur

70 A.D.3d 1275 · Appellate Division of the Supreme Court of the State of New York · Feb 25, 2010

An alien may be granted a visa to enter the United States if he or she “is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of … We do not arrive at the same conclusion as to petitioner’s state due process claims, which were dismissed in the federal action but clearly not addressed.

Rastetter v. Hoenninger

151 A.D. 853 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1912

husband and John and Barbara, her son and daughter; that on March 29, 1905, the aforesaid' mutual and joint will was duly admitted to probate upon the petition of Franz, to whom letters testamentary were issued and who qualified … and definitely established by full and satisfactory proof.

People v. Shapolsky

8 A.D.2d 122 · Appellate Division of the Supreme Court of the State of New York · May 12, 1959

When he appeared, immunity was not conferred. The questioning was very limited in scope. … Here the inference alone is insufficient to establish the fact in light of the circumstances referred to.

In re the Judicial Settlement of the Account of Proceedings of Kingsbury

192 A.D. 206 · Appellate Division of the Supreme Court of the State of New York · May 28, 1920

But the contention of the respondent is clearly untenable. … But the legislative power which brought into existence rights of adoption of adults was also broad enough to permit the Legislature to amend its prior enactment and to limit and qualify any rights theretofore granted, which