Case law

Residential Credit Solutions, Inc. v. Gould

2019 NY Slip Op 3266 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2019

In contrast, the affiant in Aurora submitted with her papers attachments that "clearly show the note's chain of ownership" ( id. at 362 ). … on the Magana or Wood affidavits, both because of the problems with each of those documents identified by the motion court, and because those affidavits were prepared in connection with this litigation, and thus do not qualify

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

Hudson Valley Community College Faculty Ass'n v. Board of Trustees of Hudson Valley Community College

121 A.D.3d 1385 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2014

However, it also provides that “[mjatters relating to [HVCC’s] decision to retrench, fill, refill, establish and/or re-establish bargaining unit positions shall not be arbitrable hereunder. … We agree with Supreme Court that this language clearly and unambiguously manifests the parties’ intention to exclude the subject matter of retrenchment from arbitration.

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.

Hason v. Department of Health

295 A.D.2d 818 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2002

While the ARB was authorized to “wholly” suspend petitioner’s license for one year, the highlighted condition or qualifying language is not authorized by paragraphs (a), (b) or (c) of Public Health Law § 230-a (2), i.e., … Clearly, respondents recognize as much, contending that the period of time it will take petitioner to demonstrate his fitness is “unknowable.”

Lazinsk v. City of New York

163 A.D. 423 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1914

It was stipulated that neither King nor Lingerman, the two draftsmen in the department of bridges at the time the resolution of 1903 was adopted, and for whose benefit it evidently was adopted, ever passed a qualifying examination … designated were subsequently established.

Ira K. v. Frances K.

115 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1985

It is long established that the paramount consideration in child custody proceedings is the best interests of the child. … That record clearly refutes the mother’s contention that the court was intent on punishing her for that life-style.

Johnson v. City of New York

109 A.D. 821 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1905

This is something which neither she nor the jury could know, and.it,would be unreasonable to impose upon a plaintiff the establishment of a fact which rests wholly upon hypothetical conjecture. … Similar immunity may not be accorded to the defendants who were the active wrongdoers, and as such subject to the rule referred tó in Landau v.

Morpheus Capital Advisors LLC v. UBS AG

105 A.D.3d 145 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2013

To accept MCA’s reasoning requires casting the SNB in a role it clearly does not play—that of broker. … To qualify under MCA’s theory of recovery, this Court would be required to accept the notion that the SNB “introduced” UBS AG to the StabFund. There are several deficiencies in this concept.

People v. Silverman

252 A.D. 149 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1937

Before indictment he was promised immunity by the Special Assistant Attorney-General, but after indictment he was told that he could not expect immunity, but that there would be an application to the court for consideration … These statements clearly indicate that the trial court at the conclusion of the case thought differently than at the beginning.

Matter of McCrory v. Village of Mamaroneck Bd. of Trustees

181 A.D.3d 67 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 2020

The statute's purpose is clearly set forth, as follows: "It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be … We note, however, that we find only that the appellants established their standing to maintain this proceeding/action.

In re the Judicial Settlement of the Account of Proceedings of Brooklyn Trust Co.

250 A.D. 60 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1937

As already appears the executors qualified October 9, 1929. … Clearly, if she had given any specific instructions to sell during her visit in May, she would not have so written early in June.

Hudson Valley Community College Faculty Ass'n v. Board of Trustees of Hudson Valley Community College

121 A.D.3d 1385 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2014

However, it also provides that “[mjatters relating to [HVCC’s] decision to retrench, fill, refill, establish and/or re-establish bargaining unit positions shall not be arbitrable hereunder. … We agree with Supreme Court that this language clearly and unambiguously manifests the parties’ intention to exclude the subject matter of retrenchment from arbitration.

Bruce R. Raines Associates, Inc. v. Whitman & Ransom

138 A.D.2d 95 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1988

risk that Salah might refuse, as he ultimately did, or breach any contract he might have had with defendant, should not fall on plaintiff, which performed its obligations by providing a suitable candidate, who was found qualified … That plaintiff previously offered to accept a reduced commission of $21,000 in settlement of its claim should not preclude a recovery on the whole amount, as to which, once a hiring is established, an issue of fact does not

Harrison v. Schultz

240 A.D. 13 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1934

Harrison, a brother of testator, duly qualified as executors and letters testamentary were issued to them. Eliza M. … A legal wrong is clearly established by the *17 facts pleaded. Where there is a wrong, there should be a remedy. It is claimed by these defendants that the remedy is barred by the Statute of Limitations.

City of New York v. Lieutenants Benevolent Ass'n

285 A.D.2d 329 · Appellate Division of the Supreme Court of the State of New York · Sep 6, 2001

Rather, as noted, the statutory terms do not clearly resolve the matter before us. … The City clearly has an interest in preventing fraudulent claims for refunds of section 1127 overpayments.

Matter of Carlson v. Tax Appeals Trib. of the State of N.Y.

2023 NY Slip Op 01328 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2023

The Division submitted an affidavit by a qualified employee, describing the standard process and procedures for receipt of electronic statutory notices. … The online services account terms and conditions clearly lists "notice of determination series" under the categories of bills and related notices.

GKK 2 Herald LLC v. City of New York Tax Appeals Tribunal

154 A.D.3d 213 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2017

The ALJ concluded that the merger of the leasehold and fee interests was clearly contemplated by all parties at the time the debt was released in order to legally convert the property into a condominium form of ownership … Having established that the Tribunal was empowered to apply the doctrine, we now turn to the question of whether the Tribunal had a rational basis for applying the doctrine in this case.

In re the Judicial Settlement of the Accounts of Barker & Knapp

186 A.D. 317 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1919

Page, the substitute executor and trustee, thereupon qualified May 10, 1915, and served until his death, March 5, 1916. Since that time the two surviving executors have administered the trust. … The reference to the law of descent of real property is clearly for the sole purpose of fixing the identity of the persons to take upon the death of the first legatee.

M.T. v. Yeshiva Univ.

2026 NY Slip Op 00218 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2026

immunity under N-PCL 720-a. … McCullough , its progeny, and earlier cases establish that a final money judgment gives rise to a vested due process property right, which entitles the judgment creditor to the same constitutional protections afforded other