Case law

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

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

Virelli v. Goodson-Todman Enterprises, Ltd.

142 A.D.2d 479 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 1989

Unlike Brock , the Federal rule does not qualify the nature of the mistake. … New York has done so, requiring establishment in such cases that the "publisher acted in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed

Matter of Progressive Advanced Ins. Co. (Widdecombe)

2018 NY Slip Op 61 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 2018

In State Farm , the Court held that, for purposes of an uninsured motorist [*3]endorsement, when an occurrence is — from the insured's perspective — "unexpected, unusual and unforeseen," it qualifies as an "accident" ( id … As in State Farm , this event "was clearly an accident from the insured's point of view," since having his leg trapped and being dragged was sudden and "unexpected, unusual and unforeseen" ( State Farm Mut. Auto. Inc.

Wagner v. Buffalo & Rochester Transit Co.

59 A.D. 419 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1901

If the first signal to pass to the left or starboard side was given by the Kwk it was and is plaintiffs contention that defendant’s negligence would then be clearly established. … The requests to charge made by plaintiff’s counsel were manifestly for the purpose of having this rule of law properly and clearly presented to the jury.

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.

Di Giacomo v. City of New York

58 A.D.2d 347 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1977

Ordinarily, the Court would direct a trial on an issue so clearly established. … However, this assertion is qualified by respondents to the effect that petitioners are "receiving precisely the benefit * * * under the provisions of Section B18-46.0 of the Code” which they point out does not contain a provision

Jun Chi Guan v. Tuscan Dairy Farms

24 A.D.3d 725 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2005

I do not agree that such a conclusion is contrary to established precedent. … An aunt, no matter how closely bonded to the plaintiff, who had literally served as a substitute mother, could not qualify as a member of the “immediate family.”

Matter of Church of Scientology of New York v. Tax Comm'n of the City of New York

120 A.D.2d 376 · Appellate Division of the Supreme Court of the State of New York · May 13, 1985

Clearly, a full exploration of the facts is needed to determine whether petitioner is organized or conducted for bona fide religious purposes. … This issue is critical in that the statute expressly provides that, in order to qualify for an exemption, the property must be "used exclusively” for such religious purposes.

Bergold v. Nassau Electric Railroad

30 A.D. 438 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Huber, who appears to have been a competent driver, sober and in every way qualified, sat on the right-hand side of the buggy and drove the horse. They drove up Linden avenue. … This is clearly reversible error. The plaintiff, in an action for damages due to negligence, cannot he held responsible for the negligence of third parties.

Columbus Park Corp. v. Department of Housing Preservation & Development

170 A.D.2d 145 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1991

Clearly, the purpose of section 35 (2) was to make participation in the program more attractive to private developers by a reduction of the minimum period of participation in the program and an acceleration of the time for … We do not agree that the covenants on which the city relies can be read to establish such a waiver.

Bushe v. Wright

118 A.D. 320 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1907

Neither Fiske nor Bushe accepted the appointment or qualified, but the widow qualified and acted alone. … or trustees or trustee; and. fix the commissions and compensations to which each of them is entitled as executor and as trustee ; and authorize them to pay from said trust estate all proper charges thereon that, may be established

Manocherian v. Lenox Hill Hospital

229 A.D.2d 197 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1997

The intended occupants concededly never occupied the apartment as their primary residence and eventually their son moved in, establishing it as his primary residence. … Hence, the applicable law clearly and unambiguously states that the subtenant nurses are not entitled to renewal leases in their own names.

Tammis v. Panama Railroad

202 A.D. 226 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1922

The plain intention of the act was to extend to the seamen the various rights and immunities enjoyed by other employees engaged in interstate commerce. … Nothing more was done by the Constitution than to extend the judicial power of the United States to specified cases and controversies; leaving to Congress to determine whether the courts to be established by it from time

Mak Tech. Holdings Inc. v. Anyvision Interactive Tech. Ltd.

2022 NY Slip Op 07507 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 2022

"Qualified Transaction" is defined in Section 1.2 to mean certain commercial transactions, and MAK would be entitled to fees from a Qualified Transaction with approved customers for a period of four years, i.e., three years … The fact that the clause is clearly susceptible of multiple reasonable interpretations renders it ambiguous ( see Schulte Roth & Zabel LLP v Metropolitan 919 3rd Ave.

Potenza v. Kane

79 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1981

He testified at petitioner’s trial under a grant of immunity and with his personal lawyer sitting next to him during his examination. … If he does, then the court may fairly say that society’s interest in a new trial to establish defendant’s guilt or innocence has been superseded by an overriding necessity to protect the integrity of the judicial process.

Dawbarn v. Fleischmann

146 A.D. 57 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1911

Hirshfield died April 6, 1910, and defendant duly qualified as executor of his last will and testament. The complaint sets forth due demand upon defendant and his refusal to pay the claim. … Rep. 322 ) the surrogate distinguished between the case where an executor had a doubt as to the validity of a claim, not sufficiently well established to warrant him in absolutely rejecting it and, therefore, doubted its

Saratoga Citizen, Inc. v. Franck

95 A.D.3d 172 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2012

The creation of a new position of city manager in the proposed amendments to titles 2 and 3 of the Charter of the City of Sara-toga Springs likewise did not require a fiscal note, as no “specific salar[y]” is required or established … Pursuant to this clear legislative intent, the proposed amendment here, changing the form of government under the city charter but not, on its face, clearly increasing salaries or expenditures, did not require a fiscal note

People v. Gennaro

261 A.D. 533 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1941

This distinction is clearly enunciated by the United States Supreme Court in the case of Blockburger v. United States ( 284 U. … The People were under a duty to establish that the accused is not within such exceptions or provisos. (People v. Devinny, 227 N. Y. 397, 401 ; People v. Stedeker, 175 id. 57; Rowell v. Janvrin, 151 id. 60.)

In re the Estate of James

172 A.D. 800 · Appellate Division of the Supreme Court of the State of New York · May 18, 1916

The value of the estate in Europe and of the appellant’s property is not clearly shown. We infer from the record that the American property was of the value of about $600,000; the European property of about $300,000. … The estate is a large one; the husband selected his wife as his executrix when he must have known that she had no business capacity qualifying her for that position.