Case law

Xerox Corp. v. New York State Tax Appeals Tribunal

110 A.D.3d 1262 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 2013

Under well-established law, “an agency’s interpretation of the statutes it administers must be upheld absent demonstrated irrationality or unreasonableness” (Lorillard Tobacco Co. v Roth, 99 NY2d 316, 322 [2003] [internal … The interpretation urged by petitioner runs counter to the wording of the enabling statute, which clearly limits investment capital to “stocks, bonds and other securities” (Tax Law § 208 [5]), i.e., to investments in securities

Little Joseph Realty, Inc. v. Town of Babylon

51 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 1976

It is equally established that the disposition of rubbish and refuse "must today be stamped a governmental function” (id., p 195). … Since it itself is not exempt where the contemplated activity is proprietary, it cannot immunize such activity from zoning law restrictions by transfer to a private business entity.

In re the Estate of Haas

33 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1969

The executors named in the will — an attorney and a Watertown bank — subsequently qualified and have been represented by a firm of attorneys two of whose members are among the petitioners herein. … The purpose for writing the opinion is clearly stated in the answer of the Surrogate in this proceeding as follows: “ (The attorneys appearing in the proceeding) had been well aware for over two years that the (Surrogate)

People v. Fisher

2023 NY Slip Op 00248 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2023

The court observed that the Monday incident probably did not happen, but juror No. 6 clearly thought otherwise, expressing a 95% degree of certainty. … That extraordinary qualifier necessitated further inquiry by the court, but there was none.

People v. Fisher

2023 NY Slip Op 00248 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 2023

The court observed that the Monday incident probably did not happen, but juror No. 6 clearly thought otherwise, expressing a 95% degree of certainty. … That extraordinary qualifier necessitated further inquiry by the court, but there was none.

Curtis v. Brookdale Hospital Center

62 A.D.2d 749 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1978

Section 148-a of the Judiciary Law provides for the establishment of a panel to facilitate the disposition of medical malpractice actions. … Greenstein was qualified, if only from the fact that he had been selected as a member of the panel.

Phoenix v. Trustees of Columbia College

87 A.D. 438 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

That act provided that all the rights, privileges and immunities theretofore vested in the college be vested in the Regents of the University, who were erected into a corporation and enabled to hold, possess and enjoy those … We think the legislative intent is clearly expressed that the new authority conferred upon the college is over and above and beyond and irrespective of the real estate which it held prior to the year 1810.

Balaban v. Rubin

20 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1964

It clearly appears that all of the 51 white children on whose behalf this proceeding was instituted live closer to or no further from J. H. S. 275 than from J. H. S. 285. Therefore, J. H. … prescribed, every child residing in that zone, if he has the necessary educational qualifications, may go to that junior high school, regardless of race or color and without any limitation as to percentage or number of qualified

In re O'Brien

39 A.D. 321 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1899

a last will and testament, which was duly admitted to probate by the Surrogate’s Court of Wayne county on the 5th day of August, 1895; that the petitioner, in and by said will, was named as sole executrix; that she duly qualified … Pr. 300 ) the head note reads as follows: “ Where, however, the debt of the administrator thus established before the surrogate, or any part of it, is caused by the application of the moneys of the estate to the payment of

Carlisle v. Bennett

243 A.D. 186 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1935

The injunction order appealed from only precludes the Attorney-General from obtaining information clearly irrelevant and immaterial and restricts him from examining into the personal affairs of the plaintiff, respondent, … Neither branch of the legislative department, still less any merely administrative body, established by Congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen

Burns v. Mullin

42 A.D. 116 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1899

It is also clearly established by the proof that the moneys so received by the plaintiff’s parents were used, in whole or in part, in the payment of interest upon mortgages or in satisfaction of other charges upon some of … The plaintiff’s claim respecting the relations established between herself and her parents with regard to the moneys is as before stated.

In re the Estate of Johnson

93 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1983

Johnson created was clearly vulnerable to an equal protection challenge. … Clearly, the reform ordered in Wilson (supra) had substantially less impact than the one made by the Surrogate at bar.

People v. Bell

153 A.D.3d 401 · Appellate Division of the Supreme Court of the State of New York · Aug 1, 2017

Louis, who was qualified as an expert in internal medicine. Dr. St. Louis had been Russo’s primary physician for two years preceding trial. … A rational jury could have concluded that Bell’s guilt was established beyond a reasonable doubt.

Horton v. Thomas McNally Co.

155 A.D. 322 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1913

He was likewise chosen as vice-president of the Thomas McNally Company, and was clearly the dominating spirit of the entire transaction. … It is a well-established principle that that to which a person assents is not esteemed in law an injury (Broom Leg.

People v. Bethune

105 A.D.2d 262 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1984

Lowell Levine, who was qualified as an expert in the field of forensic odontology. 2 Dr. … Levine clearly intended “ ‘to signify a probability supported by some rational basis’ ” (Matott v Ward, supra, p 461 , citing Matter of Miller v National Cabinet Co., supra, p 282), and his opinion therefore reflected an

Rothschild v. Goldenberg

103 A.D. 235 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1905

appointing the plaintiffs the executors and trustees under his will, which was admitted to probate by the surrogate of the county of Hew York, and letters testamentary thereon were issued to the plaintiffs, who subsequently duly qualified … The court, in speaking of the provisions of the will, said: “ While the place where Graves Home for the Aged ’ is to be located is stated, and the general object of the charity is clearly given, namely, to provide a home

Lombardi v. Stout

178 A.D.2d 208 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1991

To the extent that the Fourth Department in that case denied summary judgment to the wife-co-owner solely because she was present and observed the operation, we disagree with such holding as contrary to the long established … He was present at the time the ladder was placed against the tree, and clearly was inspecting the job site where I was injured as it happened.

In re Daniel Richard D.

34 A.D.2d 41 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1970

Of equally compelling importance, the record clearly shows that neither the second petition nor appellant’s admission was considered until after the denial of the last of his several motions for a jury trial. … Bather, the right is established by our system of government to protect the people to whom it is made available.

Hirson v. United Stores Corp.

263 A.D. 646 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1942

Having qualified as receiver, plaintiff brought this action for an accounting against United Stores Corporation, the majority stockholder of Tobacco Products Corporation of Delaware, and against the directors of the latter … The domestic receiver, under section 977-b, was clearly entitled to proceed under such circumstances.

Kineon v. Bonsall

194 A.D. 110 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 1920

At the Trial Term she succeeded by the verdict of a jury in establishing her claim and recovered a judgment for upwards of $11,000. … Originally the stock of all belonged, at least nominally, to him, excepting a share to each of several employees to qualify to act as directors.