Case law

In re the Removal from Office of Bolte

97 A.D. 551 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

The respondent was-, eligible for the office when elected and when he qualified and entered upon the performance of his duties; but it is claimed that, he thereafter moved to White Plains, H. Y. … This charge is, therefore, fairly sustained, and while we might hesitate to remove the respondent upon it alone, yet it is important in connection with other charges which we also deem established. *571 The evidence also

Mulacek v. ExxonMobil Corp.

2023 NY Slip Op 02829 · Appellate Division of the Supreme Court of the State of New York · May 25, 2023

By accepting an EVR, each Holder consented to the establishment of that Holder [*2]Committee and its membership. … CRP agreement § 3.05(d) clearly demonstrates that Exxon contemplated a nonjudicial manner in which to address certain disputes.

Vasquez v. Urbahn Associates Inc.

79 A.D.3d 493 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2010

This case is clearly distinguishable from Jones v 414 Equities LLC ( 57 AD3d 65 [2008]), on which the majority relies. … Jackhammers were employed, and renovation necessitated making holes in the side walls to loosen and remove beams, which clearly compromised the integrity of the floors.

Prahar v. Tousey

93 A.D. 507 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1904

The law surrounds contracts with special protections against interference even by the sovereign power, and it is of the greatest importance that the mutual and lawful obligations of persons qualified to enter into contracts … Clair Tousey, and we are clearly of opinion that this did not establish fraud on the part of the plaintiff.

Charlebois v. J. M. Weller Associates, Inc.

136 A.D.2d 214 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1988

There are specific statutory provisions establishing criteria for professional services in corporate form, including those involved herein (Business Corporation Law art 15; see, Education Law § 7209 [4]). … Clearly, there would be no reason for laws governing professional services by qualified professional service corporations if any business corporation could evade their provisions merely by employing a licensed professional

Kelly v. Home Savings Bank

103 A.D. 141 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1905

Sibbalds to create a joint ownership with the right to the survivor to take the entire account was not established. It expressly states that the intent of the donor is an essential element in determining such question. … The opinion was given by the executor without showing that he was qualified to express such an opinion, and without the slightest evidence that such securities had become of doubtful value subsequent to the time when the

People v. Darby

263 A.D.2d 112 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2000

Max Solomon, was qualified as an expert in chemical analysis who had analyzed PCP more than 100 times, mainly in connection with criminal cases, although he had not done so within the past 12 years. … The majority treats several matters as established fact, disregarding the credibility findings of the Supreme Court.

Moritz v. Board of Education

60 A.D.2d 161 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1977

There is nothing in the legislation, however, evincing an intention that the qualifications for tenure should be relaxed or that tenure protection should be conferred on those who do not qualify. … On the contrary, the provisions of the tenure statutes establishing minimum requirements for tenure were clearly designed to assure the public that only those who meet the statutory qualifications could receive the permanent

Wormser v. Metropolitan Street Railway Co.

98 A.D. 29 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

We are. not able to perceive that anything done or said at'that meeting was of such a character as to require the court to set aside the clearly expressed will of the majority of the owners of stock. … ownership and administration of that road was turned over to others than its stockholders and in fraud of the rights of such stockholders, there would be no doubt of the aid of the court being extended to a *38 properly qualified

National Restaurant Ass'n v. Commissioner of Labor

141 A.D.3d 185 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2016

Petitioner further asserts that the wage order violates the dormant Commerce Clause even if it is facially nondiscriminatory, but makes little effort to show how “the burden imposed on [interstate] commerce is clearly excessive … challenge to a facially valid appointment offends the rule that “the acts of one who carries out the functions of a public office under color of authority are generally valid as to third persons and the public, and hence *195 immune

National Restaurant Ass'n v. Commissioner of Labor

141 A.D.3d 185 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 2016

Petitioner further asserts that the wage order violates the dormant Commerce Clause even if it is facially nondiscriminatory, but makes little effort to show how “the burden imposed on [interstate] commerce is clearly excessive … challenge to a facially valid appointment offends the rule that “the acts of one who carries out the functions of a public office under color of authority are generally valid as to third persons and the public, and hence *195 immune

People v. Washington

99 A.D.2d 848 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 1984

While the court apparently acknowledged that Grier’s confession would qualify as a statement against penal interest, the arresting officer was precluded from testifying. … In the court’s view, Grier’s statements did not exculpate the defendant since placing Grier at the scene would merely tend to establish that Grier was the second robber.

Wehringer v. Newman

60 A.D.2d 385 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 1978

Special Term held that even if the article could be construed as- having a defamatory meaning, it deals with a matter of public interest and is legally protected by a qualified privilege. … Clearly, the opinion being uttered by defendants as to plaintiff’s conduct was in the context of a statement of facts upon which the opinion was based.

In Re the Estate of Ginsburg

144 A.D.3d 1357 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 2016

regulations applicable to Cornell as the administrator of such funds would apply, that the recipient(s) would have to be financial aid eligible, and that the recipient(s) would receive only the amount they would otherwise be qualified … As the scholarship itself clearly was not an asset of decedent's estate, Surrogate's Court did not abuse its discretion in computing respondents' respective counsel fees based solely upon the $100,000 monetary settlement

Sims v. Manley

120 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · May 15, 1986

The designated trustee, having qualified, became incapacitated in 1981. … Such determination was clearly within the Surrogate’s discretion.

Jeanpierre v. Arbury

3 A.D.2d 514 · Appellate Division of the Supreme Court of the State of New York · May 7, 1957

The record is clear, however, that absent the questioned work record, the petitioner was otherwise fully qualified. … Arbury, 2 N Y 2d 596) clearly establish that the commission has two major functions.

Boskowitz v. Held

15 A.D. 306 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1897

Zerlina Held, the widow, and one Bernhard Hecht qualified as executors. The testator left him surviving his widow, three sons, S. Julien Held, Reuben Held and Clarence Held, and a daughter, Jeanne Held. … These facts, of which the mortgagee was well aware, clearly showed that this mortgage was not executed in pursuance of any power conferred by the will of the testator, but was for a purpose in violation of the duties of the

Petry v. Petry

186 A.D. 738 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1919

After citing many English cases, Judge Andrews, writing for a unanimous court, said: “ It is *740 settled that under a gift to ‘ issue ’ where the word is used without any terms in the context to qualify its meaning, the … (supra) have shown an inclination to abandon the rule laid down so clearly in *748 Soper v. Brown (supra). We can only express the hope that the Court of Appeals will do so.

People v. Santiago

51 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1975

People v Kerr, 43 AD2d 895 ); nevertheless, it is also the fact that the eligible youth cannot claim youthful offender status simply because he is within the qualified age group. … In Drummond’s case the record shows clearly that the plea was made by her in contemplation of a sentence to an indeterminate term of imprisonment having a maximum of 12 years.

Pace Publications, Inc. v. Bank of New York

183 A.D.2d 601 · Appellate Division of the Supreme Court of the State of New York · May 21, 1992

He further explained that Check 85414 was received by M & I on April 10, 1989 from the Federal Reserve Bank in Jericho via the Milwaukee office of the Federal Reserve Bank of Chicago as a Qualified Return Item. … Clearly, the posting process had not been completed at the time BNY determined to reject the check.