Case law

Paramount Communications, Inc. v. Horsehead Industries, Inc.

231 A.D.2d 40 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1997

'Superfund’ also establishes funding for cleanup of existing hazardous waste facilities, imposes liability for hazardous waste spills, and sets financial responsibility requirements for operators of hazardous waste treatment … This interpretation is in accord with the customary rule that "where general words occur at the end of a sentence, they refer to and qualify the whole; while, if they are in the middle of a sentence, and sensibly apply to

Brown v. Manhattan Rt. Co.

81 N.Y.S. 755 · Appellate Division of the Supreme Court of the State of New York · Apr 17, 1903

They tended to qualify the rule of law applicable thereto in establishing the liability of the defendant if the plaintiff was guilty of contributory negligence, and this side of the question the defendant was entitled to … The issues are of negligence, contributory negligence, and damage, and if the parties limit this case to a consideration of such questions, it may be easily tried, and the issues clearly comprehended by the jury.

Henn v. City of Mount Vernon

198 A.D. 152 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1921

.: This is a submission upon an agreed statement of facts, the substance of which is the following: Plaintiff, on or about March 16, 1916, was duly appointed city forester of the city of Mount Vernon, and duly qualified and … It is, of course, our duty to presume that the act is constitutional and valid; and the burden rests upon the defendant claiming the contrary to clearly establish its contention in order to require us to make a contrary decision

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.

O'Brien v. Spitzer

24 A.D.3d 9 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2005

Courts clearly exercise sufficient control and supervision over the work of a referee appointed in a foreclosure proceeding to qualify that appointee as an “employee” within the meaning of Public Officers Law § 17. … Bank, supra at 180) and in selling the property, he or she may not expand (id.) or limit (see Strianese v Paradiso, supra) the terms of the sale provided for in the judgment, or “interfere with equities established by the

Vieser v. Bellows

209 A.D. 540 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1924

The proof of damage was given by a qualified witness, one Sherman, a dealer in the very goods in question, who swore that the market value on March 23, 1922, was twelve dollars and fifty cents a case, and that he had made … There is no precedent for such *546 a theory, and none should be established.

Luchetti v. Office of Rent Control

49 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1975

These accommodations therefore do not qualify for decontrol Under Section 2f(9) of the Rent Regulations” (emphasis supplied). … As a corollary to this principle, it is noted that "Such interpretations are controlling on the court unless clearly erroneous.

Bruff v. Trust

218 A.D. 67 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1926

The Fidelity Trust Company of Rochester was named as executor of said will, and it qualified as such and entered on the discharge of its duties. … He was clearly not acquainted with the law concerning his rights, if any, to this fund.

People v. Sunset Bay

76 A.D.2d 592 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1980

To what extent the other police assertions with regard to evidence were inaccurate is less clearly established in this record. … Indisputably, the standard set forth in CPL 60.45 (subd 2, par [b], cl [i]) is phrased differently than the Fifth Amendment standard established by the United States Supreme Court.

Henry v. Lewis

102 A.D.2d 430 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1984

The elements of compulsion are *434 clearly present, but the more difficult issues are whether the tacit averments of the taxpayer are both ‘testimonial’ and ‘incriminating’ for purposes of applying the Fifth Amendment. … Furthermore, since apparently the Superintendent’s own investigation to date has led him to conclude that fraud has been committed, any production of petitioner’s records which establishes that some of his patients were purportedly

Rose Group Park Avenue LLC v. New York State Liquor Authority

93 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2012

Clearly, had the Legislature wanted to specify “in a church building,” it could have easily done so. … Work on the premises by Rose Group clearly involves setup and breakdown of the banquet hall and cocktail area.

White, Corbin & Co. v. Jones

79 N.Y.S. 583 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 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 Vredenburgh was one of the partners, and clearly familiar with the business.

People v. Alizadeh

87 A.D.2d 418 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1982

In 1975 he established the Williams-burg Medical Clinic which was licensed during that year to perform abortions, and commenced doing so in January, 1976. … occurred is that the defendant, a doctor charged with varying forms of Medicaid fraud, was effectively convicted of gross professional indifference to the *433 welfare of his patients on the basis of findings by a presumably qualified

Matter of Acevedo v. New York State Department of Motor Vehicles

132 A.D.3d 112 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 2015

This is clearly a situation where the future event, i.e., the application for a reissued license and the issuance of a restricted license under the regulation, were contemplated by the parties (see Hussein v State of New … This last qualifying phrase, in which the Commissioner has reserved *125 the option of waiving the stay, does not resolve the problem because, by definition, a five-year stay is the standard and not, of itself, a hardship

Hughes v. Board of Higher Education

286 A.D. 180 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1955

It was clearly unwilling at that time to rely alone on the Tenure Law, which was a much older statute. … Hughes can be granted a qualified stay, which would have no practical effect so long as his dismissal under Specification II remains unreversed.

Farrar v. Farmers' Loan & Trust Co.

85 A.D. 478 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

several days, when he went away for a short time, and before his return, and on August 22, *481 1896, he died, also leaving a will which was admitted to probate and letters testamentary were issued to the defendant, who qualified … husband and plaintiff assuming and agreeing to pay the mortgage, taxes, insurance and repairs,, they were entitled to occupy the house instead of receiving the ■ rent; *483 and if this be the correct construction, then, clearly

In re John P.

74 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · May 5, 1980

Although the phrase 'life or limb’ suggests only the most serious of penalties, it has long been established that it encompasses all penalties which may be imposed in criminal proceedings. Breed v. Jones, 421 U. … Review of the sentence shall include review of whether the procedure employed was lawful, the findings made were clearly erroneous, or the sentencing court’s discretion was abused.

Seitz Estates, Inc. v. Seitz

226 A.D. 373 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1929

The Appellate Division clearly indicated that the court was authorized in its discretion to appoint either the foreign committee or a resident committee, and should be guided by the circumstances of the case in its selection … The question of competency has already been duly passed upon and duly established in the foreign jurisdiction.

Harrow v. Axelrod

145 A.D.2d 262 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 1989

The purpose of enacting a regulatory scheme for nursing home administrators under Public Health Law article 28-D was to assure "that the administration of nursing homes is in the hands of qualified individuals” (Governor’ … It was also clearly unethical for petitioner to accept and retain patients who were under physician’s orders for physical therapy, during the almost two months when he well knew that the facility had no physical therapy capability