Case law

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

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.

People v. National Mutual Insurance

19 A.D. 247 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1897

Anthony qualified as receiver, but precisely when this was done does not appear. … It was made to appear in the' case that this note was a part of the reserve fund of the company; but there is nothing to show' for- what purposes the -reserve fund was 'established, and certainly, in the .absence of proof

People ex rel. Einsfeld v. Murray

4 A.D. 185 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1896

The taxes are not levied upon, persons nor upon property, for a license is not property except in a qualified sense, and as it is made so by the terms or operation of a statute, and the taxes are, and are declared to he, … We think clearly it is not. The public moneys and property therein mentioned and referred to are those belonging to the State. Prohibited appropriation is of such moneys only. In The Board of Supervisors v.

Cooper v. Gossett

237 A.D. 700 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 1933

It does not prescribe such prior payment as necessary to qualify one to make or enforce such a contract.” … It was clearly the intention of the Legislature, in enacting section 278 of the Tax Law, to bar a recovery only in a case where the plaintiff was required to establish the transfer and to offer proof thereof in evidence.

Schoepflin v. Coffey

25 A.D. 438 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1898

He did, however, as the established facts of the case clearly indicate, furnish the information which was published, and he furnished it to a representative of these papers under circumstances which will permit the inference … And if this language was in no wise qualified by what preceded or followed it, there would possibly be much force in the defendant’s contention ; but, upon referring to the body of the charge, we find that the learned trial

Schermerhorn v. Rosenberg

73 A.D.2d 276 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1980

In March, 1973 he proposed a bill to establish a public benefit development corporation to finance the redevelopment of portions of the City of Newburgh. … I want to be able to have qualified Blacks that can serve.

Yevoli v. Cristenfeld

37 A.D.2d 153 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1971

To point up the issue more clearly, we may consider the Conservative and Liberal Parties, the views of which, on basic issues, are known to be antithetical. … The rules establish, in advance, a standard for action by each party committee.

Rye Town/King Civic Ass'n v. Town of Rye

82 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1981

The plot of land involved herein is part of the first PUD established pursuant to the ordinance; indeed, this PUD was established the same day as the ordinance was approved. … Accordingly, this case is clearly distinguishable from H.O.M.E.S. v New York State Urban Dev.

People v. Washington

196 A.D.2d 346 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1994

The holdings in United States v Rosa (supra) and People v Santiago (supra) are clearly supported by the history, composition, and duties of OCME. … Rather, they are doctors who are qualified as pathologists and microscopists (NY City Charter § 557 [a], [c]).

Di Lorenzo v. Carey

62 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · May 26, 1978

University shall give special consideration for placement within the University to an employee whose services might be terminated as a result of retrenchment, provided that a suitable position for which the employee is otherwise qualified … This is clearly within the purview of an article 78 proceeding to review.

Majique Fashions, Ltd. v. Warwick & Co.

67 A.D.2d 321 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1979

We agree with Special Term’s observations that defendant Warwick is not a resident of New York, has offices in Hong Kong, Taiwan and Korea, is not qualified to do business in New York, has never maintained an office, mailing … Justice Marshall in delivering the opinion of the court in Shaffer v Heitner ( 433 US 186, 209 , supra) clearly acknowledged that the type of quasi in rem action affected by the new holding is one in which the property which

Lawson v. Eggleston

28 A.D. 52 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

These witnesses were qualified by intelligence, personal observation of the deceased on the morning in question, and from long acquaintance with him, his conduct and personal appearance, both drunk and sober, to express an … The authority thus conferred should not be exercised and applied unless it clearly appears that the weight and convincing force of the proof is such that the verdict is the *55 result of misapprehension, prejudice, passion

Schieffelin v. Craig

183 A.D. 515 · Appellate Division of the Supreme Court of the State of New York · May 3, 1918

For a proper understanding of section 174, it is necessary to consider section 173 (as amd. by Laws of 1910, chap. 683), which provides for the establishment of the fund for street and park openings which was to be made up … The term “ revenue-producing ” improvements is defined in the act, and the opening and widening of streets clearly do not come within that definition.

Merchants Mutual Insurance v. Arzillo

98 A.D.2d 495 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1984

Does the entry, then, of a Serrano or Alford guilty plea call for a different result and somehow make the criminal conviction based on such a plea immune from the doctrine of issue preclusion? Our answer is “no”. … The record of the criminal proceeding shows clearly that the defendant was aware of what he was doing when he knowingly and voluntarily entered such plea and he must be held bound both criminally and civilly by his plea.

People v. Maull

2023 NY Slip Op 04022 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2023

"A single error may qualify as ineffective assistance, but only when the error is sufficiently egregious and prejudicial as to compromise a defendant's right to a fair trial" ( People v Caban , 5 NY3d 143, 152 [2005]). … That statement is belied by the contents of the detective's notes, which clearly show that law enforcement listened while defendant and his attorney discussed aspects of the murder case.

Onondaga-Cortland-Madison Board of Cooperative Educational Services v. McGowan

285 A.D.2d 36 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2001

Despite the project’s ancillary use in training petitioner’s students, the primary purpose of the work performed by both the building contractors and the student workers clearly was the construction of an office building … Although petitioner has not established the applicability of this section by showing that its program complied with the regulations of the Commissioner of Education, it nonetheless reflects a public policy to exempt unpaid

Delaney v. Kelly

92 N.Y.S. 1021 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1905

member, the invalidity of the certificate is established, provided he dies before he has been reinstated (Roehner v. … Rep. 660 , is clearly distinguishable from this one.

People v. Stern

201 A.D. 687 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1922

The rule, it seems to me, is clearly stated in People v. Downs ( 123 N. … asked the court to charge ‘ that no state of proof ever changes the burden of proof; the burden remains throughout the trial upon the People,’ to which the learned judge replied: ‘ I decline to charge it in those words; I qualify

In re Friedman

196 A.D.2d 280 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1994

In addition, in May of 1987, respondent waived immunity and testified before a Manhattan Grand Jury concerning the Krieger case. … As a result, respondent was charged with violating DR 7-102 (B) (2) (a lawyer who receives information clearly establishing that a person other than his client has perpetrated a fraud upon a tribunal shall promptly reveal