Case law

Farrell v. City of Buffalo

118 A.D. 597 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1907

tied to recover foreman’s wages would establish a most dangerous precedent. If such is the law, a municipality can never know the extent of its obligations to its employees. … Y. 291 ), also cited by the respondent, is clearly distinguishable from the case at bar.

Bell v. New York City Health & Hospital Corp.

90 A.D.2d 270 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1982

Upon the establishment of a prima facie case the issue of legal causation is appropriate for jury resolution (see Derdiarian v Felix Contr. … Furthermore, the defendants were clearly in a position to prevent the “avoidable” mistake had proper care been exercised.

Of Doe 44 v. Erik P.R.

2022 NY Slip Op 04839 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 2022

"Collateral estoppel prevents a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party . . . whether or not the . . . causes of … Finally, I note that it is well settled that determinations rendered by quasi-judicial administrative agencies will qualify for collateral estoppel effect ( see Auqui v Seven Thirty One Ltd.

Wertheim v. New York City Teachers' Retirement System

91 A.D.2d 514 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1982

The law that established the 20 Year Pension Plan required the teacher to elect to join the plan within two years. … under procedures established in article 14.

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

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.

People v. Lashkowitz

257 A.D. 518 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1939

Both were promised and received immunity for their participation in this crime as a reward for their testimony against defendant. Both are desperate and depraved characters. … These authorities expressly hold that defendant’s silence as to Weiner’s accusation is without any probative force to establish his guilt.

Schmidt v. Magnetic Head Corp.

97 A.D.2d 151 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1983

Although to carry out that intention, words may be transplanted, supplied, or rejected to make its meaning more clear (Castellano v State of New York, 43 NY2d 909, 911 ), where the intention of the parties is clearly and … The express “provisions establish the rights of the parties and prevail over conclusory allegations of the complaint” (805 Third Ave. Co. v M. W.

Public Administrator v. Odeco, Inc.

88 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · May 20, 1982

Parenthetically, it should be noted that the present action has already been dismissed against Petrobras because of its sovereign immunity. … Odeco and its parent are named as the same entity when they clearly have different names.

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.

Landsman v. Village of Hancock

296 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2002

As the Court of Appeals has stated, “the Federal Bill of Rights * * * establish [es] minimal standards for individual rights applicable throughout the Nation. … The jury clearly accepted this testimony over that of plaintiff.

Gant v. Novello

302 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2003

Clearly, he was qualified as an expert for the purpose of determining whether petitioner’s conduct met accepted standards of care for physicians in New York, despite his minimal training or background in nonconventional medicine … Next, our review of the voluminous record establishes that petitioner’s contention that Maliha’s hearing testimony reflected his bias against nonconventional medicine is unfounded.

Quigley v. Roche

71 A.D.2d 636 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1979

The petitioner qualified for, and passed, a competitive examination for the position of borough foreman (highway maintenance). An eligible list was prepared which placed him 10th out of 13 persons. … Such exclusion rendered the list inaccurate as to him, and he was clearly aggrieved thereby.

Streets v. Grand Trunk Ry. Co.

78 N.Y.S. 729 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1902

Mags of the proper color must be used by day, and lamps of the proper color by night, or whenever, from fog or other cause, the day signals cannot be clearly seen.” “Rule 30. … The evidence fails to establish negligence on the part of the defendant the Grand Trunk Railway Company in the respects claimed by plaintiff’s counsel.

States Import & Export Corp. v. Hartford Fire Insurance

210 A.D. 374 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 1924

It was opinion evidence and as such was inadmissible to establish the amount of the profits. B. … I think this was clearly error — that the terms of the policy clearly provided that the loss of profits should not exceed the amount that would have been receivable by the insured on the date of the fire from the sale of

DelVecchio v. Collins

2019 NY Slip Op 9344 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2019

The proof also establishes that defendant has attempted to remedy this in various ways, although he admits that it is impossible to eliminate the dust and noise completely. … These resolutions reveal that the variance was issued without restriction as to the size of the business, although the business must comply with the plot plan submitted to the Planning Board, which does not clearly illustrate

In re Kelsey

186 A.D. 95 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1919

If there were, the court could pursue its established practice, and then the question *96 of staying the attorney in his alleged unlawful practice could be considered. … The Legislature has clearly evidenced its intention not only in the general language referred to, but has particularized various acts and transactions as offending the prohibition, and this court in the case cited said through

Roughan v. Chenango Valley Savings Bank

158 A.D. 786 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1913

Justice Lyon of that court having been disqualified from sitting and the remaining justices qualified to hear said appeal being equally divided in the determination thereof. … Not alone by her testimony is such intention borne out, but it clearly appears from the manner in which she made the deposits, her withholding the knowledge thereof from her mother and nephew, her occasional withdrawals from

St. Joe Resources Co. v. New York State Tax Commission

132 A.D.2d 98 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1987

Since statutes creating exemptions are to be strictly and narrowly interpreted, to prevail petitioner must establish that "its interpretation is the only reasonable construction” (Dental Socy. v New York State Tax Commn., … Clearly, petitioner’s trucks used inside the mines are more akin to the former, given their intimate and direct connection with the production process, while those of petitioner’s trucks engaged in hauling ore down the road

Kellogg v. Trubee

272 A.D.2d 950 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1947

‘ legitimate child ’ in the well-established meaning of the term as a child born in lawful wedlock, and effectively embodied in the law of descent a provision that the adopted child was the heir at law and next of kin of … We think the trust should be construed by holding that the adopted son qualified Spencer, Jr.’s, line to take under the trust instrument.