Case law

Gulf Oil Corp. v. State Tax Commission

65 A.D.2d 157 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1978

On September 18, 1968, the stockholders of petitioner Gulf Oil Corporation, a publicly held, multinational Pennsylvania corporation which has been qualified to do business in New York State since 1936, adopted a resolution … because no valuation needs to be established *160 for such consideration as long as it is legal consideration for the valid transfer of stock.

Gabay v. Doane

66 A.D. 507 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1901

It has long been the settled law •of this State, and has now been made law by statute, that every person negotiating a negotiable instrument by delivery or by a qualified indorsement, warrants that the instrument is genuine … Turning to the second defense, it must be, we think, conceded that the facts alleged fail to establish a defense to this cause of action to recover the damages sustained by the plaintiff.

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.

Jerome M. Eisenberg, Inc. v. Hall

147 A.D.3d 602 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 2017

The record establishes that defendants presented the Faustina Bust and Etruscan Warrior to plaintiff as ancient items. … The painting was clearly not worth the contract price and there is no basis for allowing defendant to receive much more for the painting than what it is worth” (id. at *4).

Matter of Carver v. Nassau County Interim Fin. Auth.

142 A.D.3d 1003 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 2016

During the designated control period which was established in 2011, NIFA imposed successive wage freezes upon County employees pursuant to Public Authorities Law § 3669 (3) (a). … Accordingly, the NIFA respondents and the County respondents established their objections in point of law (see CPLR 7804 [f]). The parties’ remaining contentions are without merit.

Antokol v. Myers

30 A.D.3d 843 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2006

fact regarding plaintiffs malpractice precluded summary judgment dismissing her counterclaim, plaintiff—as movant—sufficiently carried its burden in asserting that Antokol was prepared for the divorce trial, his failure to establish … The jury then quickly returned a verdict in plaintiffs favor on the new verdict sheet with exactly the same answers as the original verdict sheet, absent the qualifier “poorly.”

Arbeeny v. Kennedy Executive Search, Inc.

71 A.D.3d 177 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2010

Plaintiffs claim for $12,500 in unpaid salary for the reduction in pay from $125,000 to $100,000 is unavailing inasmuch as the agreement clearly stated that “any adjustment to such Salary shall be in the sole discretion of … The employee in Yudell , by contrast, sought commissions from two specific placements allegedly originated by her and could “point to a contract provision that establishes this calculation method and that supports the inference

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.

Matter of Beeline.Com, Inc. v. State of N.Y. Tax Appeals Trib.

2026 NY Slip Op 00175 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2026

Footnote 2: To the extent that petitioner suggests that no consideration is paid by the client, we agree with the Tribunal's rejection of that assertion, as petitioner's agreements clearly provide that the obligation to pay … Because petitioner did not separately state charges for other services that may have been nontaxable, the Tribunal concluded that those services did not qualify for this exemption.

Cornell University v. Beer

16 A.D.3d 890 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 2005

The second constraint is ILPC’s obligation to strike an appropriate balance between the public interests in historical preservation and in educational uses, “which by their very nature also are ‘clearly in furtherance of … The undisputed evidence before ILPC established that the parking lot would be located wholly within the wooded portion of the historic district and that, as a result of existing and proposed vegetation and site contouring

People v. Seaberg

139 A.D.2d 53 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1988

Sentencing took place on December 4, 1986, having been adjourned a number of times to allow the defendant to qualify for admission to the "TASC” program. … More recently, the Appellate Division, Third Department, in dismissing a defendant’s appeal from a sentence as being harsh and excessive, held "that where, as part of a negotiated plea, a defendant clearly waives his right

Claim of Donato v. Aquarian Designs, Inc.

96 A.D.3d 1302 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2012

As a result of the accident, claimant suffered established injuries to his ribs, head, neck, back, left shoulder and left clavicle, including a right orbital fracture, pulmonary contusions, collapsed lungs and a traumatic … Finally, we cannot agree that claimant’s response to a question regarding whether he “ever loaded large corrugated plastic pipe onto trailers” qualified as a knowingly false statement pursuant to Workers’ Compensation Law

People v. Kane

43 A.D. 472 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1899

All of this may be admitted and yet the defendant act clearly within the law, and with the most scrupulous regard for the interests of the city. … Y. 402 ) the court, per Selden, J., says: “ These qualifying words being found in the enacting clause of the statute, an indictment would not be good which failed to show that the defendant was not within their protection

Chessin v. New York City Conciliation & Appeals Board

100 A.D.2d 297 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1984

Subdivision b of section 12 of the ETPA clearly leaves it up to CAB as a matter of discretion, whether and how to enforce the provisions of that law in accordance with the Rent Stabilization Law. … certain relief to petitioner to the extent of directing the termination or suspension of the landlord’s status in good standing in the Rent Stabilization Association, determining that the lease in question was for a term qualifying

People v. Kresel

243 A.D. 137 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1935

In a case otherwise free from objection, if the guilt of the defendant were clearly established, the prejudicial remarks of the district attorney might perhaps be overlooked, but in this case where the defendant had to contend … It is undisputed that defendant qualified his approval of the plan by requiring that it be submitted to and approved by Broderick, who testified that his approval was not given.

Miller v. New York State Tax Commission

115 A.D.2d 132 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1985

We cannot overrule respondent’s determination unless it is shown to be clearly erroneous (Matter of Young v Bragalini, 3 NY2d 602, 605 ). Petitioner has failed to meet that burden here. … Merely performing services for a *134 corporation located without the State does not establish a regular place of business there (20 NYCRR 207.2 [b]).

Hall v. Schiff

179 A.D. 699 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 1917

That was an important point in the case and while perhaps it became a question of fact on the theory that it may not be said that the evidence adduced in behalf of the defendant conclusively established the inability of the … clear that the jury passed upon the question of fact as to whether the contract was canceled owing to the inability of the company, represented by defendant, to perform it, but if they did their verdict in that regard is clearly

Claim of Donato v. Aquarian Designs, Inc.

96 A.D.3d 1302 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2012

As a result of the accident, claimant suffered established injuries to his ribs, head, neck, back, left shoulder and left clavicle, including a right orbital fracture, pulmonary contusions, collapsed lungs and a traumatic … Finally, we cannot agree that claimant’s response to a question regarding whether he “ever loaded large corrugated plastic pipe onto trailers” qualified as a knowingly false statement pursuant to Workers’ Compensation Law

Congregation Machne Ger v. Berliner

2022 NY Slip Op 00483 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 2022

"The party seeking to invoke [the doctrine] has the burden of showing the identity of issues, while the party trying to avoid application of the doctrine must establish the lack of a full and fair opportunity to litigate" … The court clearly did not pass upon or even address the bona fides of the 2017 election; indeed, it could reasonably be argued that the court implicitly made a contrary ruling by leaving plaintiffs' board in place, despite

Garcia v. Martin

285 A.D.2d 391 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 2001

As noted, the statute exempts qualifying homeowners who neither direct nor supervise the work. … Rimoldi v Schanzer ( 147 AD2d 541 ), also relied on by the majority, is clearly dis *402 tinguishable.