Case law

Woodworth v. Brooklyn Elevated Railroad

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

Section 446 provides for the joinder of ‘ all persons having an interest in the subject of the action and in obtaining the judgment demanded,’ ” and this is clearly the case in the action now before us. (De Puy v. … plaintiff had resorted to the other forum, but as it is, the court has power to do complete justice, and a purpose to render it must have been in the mind of the court upon the first appeal, or its language would have been qualified

Strauss v. University of New York

2 A.D.2d 179 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1956

. * *186 As the Court of Appeals said in the Dubin case: ‘‘ This statute [§ 7108] necessarily qualifies and limits the general rule-making power conferred by section 211 (formerly § 51) and section 7111 (formerly § 1433) … It certainly cannot be said upon this record that it has been established that accepted professional standards condemn the use of all signs “ lighted or self-luminous by any means whatever The record shows, and it is a fact

Nesbit v. Braker

104 A.D. 393 · Appellate Division of the Supreme Court of the State of New York · May 15, 1905

Upon the trial it was established that over five hundred doors were .' supplied by the plaintiffs under their contract. … Witnesses qualified as experts were called by the plaintiffs, who testified that in their opinion the defects in the doors were caused by their being thus subjected alternately to moisture and to heat; and the plaintiffs’

Matter of Shanna O. v. James P.

2019 NY Slip Op 7455 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2019

The Court was not considering "whether to allow a third party to contest or infringe on those rights; rather, the issue [was] who qualifies as a 'parent' with coequal rights" ( id. ). … Therefore, to establish standing to seek custody as a nonparent, the stepmother had to demonstrate extraordinary circumstances.

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]).

People v. Devon Y.

2026 NY Slip Op 01564 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2026

"Pursuant to [the DVSJA], defendant was required to establish three factors listed in Penal Law § 60.12 (1): 'that (a) at the time of the instant offense, the defendant was a victim of domestic violence subjected to substantial … Such an outcome clearly was not the intent of the Legislature when it carefully and intentionally drafted the statute to include three separate and independent factors.

Manrique v. Warshaw Woolen Associates, Inc.

297 A.D.2d 519 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 2002

Specifically, defendants argued that plaintiff could not establish a “serious injury” since: (1) plaintiffs failure to allege any statutory category constituted an admission of her failure to qualify under any of the specific … In the context of those issues as actually framed by defendants in their motion, plaintiff clearly met her burden by submitting proof in admissible form which, if believed, establishes that she has sustained objectively verifiable

Doe v. Bloomberg, L.P.

2019 NY Slip Op 6728 · Appellate Division of the Supreme Court of the State of New York · Sep 24, 2019

The FLSA establishes minimum wage, overtime pay, record keeping and child labor standards. … Bloomberg, the founder, namesake, and majority owner of Bloomberg L.P., clearly qualifies as an (1) individual with an ownership interest; as well as (2) someone with the power to do more than carry out the personnel decisions

In re Kahn

38 A.D.2d 115 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1972

In Donegan it was specifically found, in addition, by the Official Referee in affirmatively declaring the respondents there innocent: “ The testimony of two of the jurors clearly established that the verdict was a most unfortunate … Exercising that discretion, we disaffirm the finding that Charge I was not established and substitute a finding that it was established.

New York City Health & Hospitals Corp. v. Brian H.

51 A.D.3d 412 · Appellate Division of the Supreme Court of the State of New York · May 1, 2008

Faynblut qualified as an expert. They further stipulated to the admission of respondent’s hospital records. … Significantly, respondent offered no testimony from expert or—at the very least—disinterested witnesses to establish that he is able to attend to himself at home. Because we find Dr.

Crane Neck Ass'n v. New York City/Long Island County Services Group

92 A.D.2d 119 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1983

In City of White Plains v Ferraioli ( 34 NY2d 300 ), the court was called upon to decide whether a group home consisting of a *124 married couple, their two children, and 10 foster children qualified as a single-family dwelling … of clearly defined procedures for the selection of locations for community residences, to best protect the interests of the mentally disabled and ensure acceptance of community residences by local communities.

NFS Services, Inc. v. West 73rd Street Associates

102 A.D.2d 388 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1984

NFS is a Delaware corporation, qualified to do business in this State, and with offices here. … Collins Tuttle, however, involving a suit to recover for a share of commissions on the sale of real property located in New Jersey, is clearly distinguishable from our *393 case.

Forcelli v. Gelco Corp.

109 A.D.3d 244 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2013

. *249 The record clearly demonstrates that Greene, as a representative of the Gelco defendants’ insurer, was clothed with apparent authority to settle the case on behalf of the insured. … Courts have long recognized that traditional correspondence can qualify as an enforceable stipulation of settlement under CPLR 2104.

Kiwanis Club of Great Neck, Inc. v. Board of Trustees of Kiwanis International

52 A.D.2d 905 · Appellate Division of the Supreme Court of the State of New York · May 17, 1976

In its accompanying decision Special Term found that the defendants "appear to meet the standards and criteria by which an organization must qualify if it is truly a private club as outlined in the case of Wright v. … It said (p 1033): "The Supreme Court has often stated that private action, as distinguished from state action, is immune from the equal protection restrictions of the fourteenth amendment. Jackson v.

People v. Atkinson

21 A.D.3d 145 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2005

While we have identified instances in which a killing could qualify as depraved indifference murder, a pointblank shooting is ordinarily not one of them. . . . … Moreover, it should be obvious that the more the defendant shoots (or stabs or bludgeons) the victim, the more clearly intentional is the homicide.

People v. Pilotti

127 A.D.2d 23 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1987

Neither established a connection between defendant’s gun and the homicide. … The suppression or withholding of the June 2 DD-5 report clearly misled defendant.

Wiltwyck School for Boys, Inc. v. Hill

14 A.D.2d 198 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1961

For none can deny that, even more than education or religion or beaches or parks, the protection and care of helpless children between 8 and 12 years old “ is clearly in furtherance of the health, safety, morals and general … Div. 707 ); (8) that said section 343, which was attacked as an unconstitutional delegation of power, was held to be constitutional; (9) that such constitutional delegation of power by section 343 clearly denoted the State

GRA V, LLC v. Meenakshi Srinivasan

55 A.D.3d 58 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 2008

To the extent the dissent contends that DOB and BSA acted in an arbitrary and capricious manner in denying Owner’s application, the record establishes that DOB at first was willing to consider the request, based on Owner’ … Petitioners now concede that they do not qualify for statutory vested rights under New York City Zoning Resolution § 11-331.

Matter of Bolen

2018 NY Slip Op 8001 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2018

It is well settled that "a decedent's choice of executor should be given great deference and not disregarded unless that executor is not legally qualified to act as a fiduciary" ( Matter of Palma , 40 AD3d 1157, 1158 [2007 … Because disqualification of a named executor is a "most serious" course of relief, it "may only be decreed when the grounds set forth in [SCPA 707] have been clearly established" ( Matter of Duke , 87 NY2d at 473 ; accord

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.