Case law

Asian Americans for Equality v. Koch

128 A.D.2d 99 · Appellate Division of the Supreme Court of the State of New York · May 5, 1987

The Planning Commission’s proposal to establish the District includes regulations for its administration. … action was commenced approximately four months after the Board of Estimate approved the establishment of the District.

Grannan v. Westchester Racing Ass'n

16 A.D. 8 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

The 1st section of the Civil Rights Act is absolute in its declaration of right, and is not qualified by anything contained in its subsequent sections. … It does not aim in any respect to qualify the declaration •contained in the 1st section.

11 Essex St. Corp. v. Tower Ins. Co. of N.Y.

153 A.D.3d 1190 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2017

. *1192 In support of its motion for a directed verdict, Berzak argued that the court had already found that Smith was not qualified to opine about whether, by the professional standards in place in 2002, when the underpinning … However, the plain language clearly contemplates such full indemnification.

Moyle v. Franz

267 A.D. 423 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1944

Up to this point the defendants’ conduct was clearly within their legal rights under the doctrine above stated. … These views make it unnecessary to pass upon whether the defense of qualified privilege was established as. a matter of law.

People v. Abussalam

196 A.D.3d 1000 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 2021

On September 6, 2017, defendant appeared for the grand jury proceeding and stated that, although he would testify, he would not sign a waiver of immunity. … County Court clearly acknowledged that defendant exercised his constitutional right to trial and that he was "not being punished for going to trial."

State v. Enrique T.

93 A.D.3d 158 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2012

It also requires evaluation of available treatment options with the input of qualified professionals as to implementing an effective program of outpatient treatment and supervision. … The statute states clearly that sex offenders in need of civil management are a different population from traditional mental health patients. (Mental Hygiene Law § 10.01 [g].)

Simonson v. Waller

75 N.Y. St. Rep. 1050 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 1896

Lord qualified as executor in England, and Simonson in New York. … Whether it is inconsistent or hot, such is clearly the law which controls this case.

In re Gould's Estate

46 N.Y.S. 506 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 1897

They are charges which qualify the estate, and are first to be paid before there can be any distribution of the personal estate to legatees or next of kin. … This, was not á proceeding by the witness against the estate, wherein he sought, to establish his claim against the estate.

Pettinato v. EQR-Rivertower, LLC

2023 NY Slip Op 00068 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2023

The plaintiff met her initial [*4]burden of showing that the proposed procedures were "potentially harmful and clearly invasive," while "the defendant failed to establish that the intended procedures would not be harmful" … Kiley as not qualified to opine on her long[*11]-term patient's mental health.

Matter of New York State Bd. of Regents v. State Univ. of N.Y.

2019 NY Slip Op 7458 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2019

Petitioners in proceeding No. 1 assert that the Commissioner has exclusive statutory authority to promulgate regulations governing the certification of public school teachers, to certify qualified individuals to teach in … As respondents argue, the operation or "practical work" of a charter school clearly includes the hiring and supervision of teachers.

Berger v. Mayor of New York

65 A.D. 394 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

A careful consideration of all the evidence which we briefly summarize leads to the conclusion that the verdict was clearly against the weight of evidence. … It is a qualified duty, and becomes imperative only when the accumulations of ice or snow render the walk dangerous to pedestrians.

Vieser v. Bellows

209 A.D. 540 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1924

The proof of damage was given by a qualified witness, one Sherman, a dealer in the very goods in question, who swore that the market value on March 23, 1922, was twelve dollars and fifty cents a case, and that he had made … There is no precedent for such *546 a theory, and none should be established.

Coverly v. Terminal Warehouse Co.

70 A.D. 82 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1902

The court seems to have adopted as the law applicable to the facts the rule as established by the case of Marie v. Garrison ( 83 N. Y. 14 ). … , and it is clearly evident that it was the intention of the defendant, acquiesced in at least by the plaintiffs, that the execution of the agreement and the payment of the bonus would result in the plaintiffs’ failing to

Stepanov v. Dow Jones & Co.

120 A.D.3d 28 · Appellate Division of the Supreme Court of the State of New York · May 29, 2014

The article’s statement is clearly true, as plaintiffs made clear that Maxim Stepanov was, in fact, a former Russian diplomat. … Viewed in this context, it is clear that the only implication intended or endorsed by the author is that the Bristoll wire transfer qualifies as a suspicious transaction.

Park Hill Co. v. Herriot

41 A.D. 324 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1899

that George Herriot, a legatee, had died, giving the date of his death; that the will was duly admitted to probate by the surrogate of the county of Westchester, and that the plaintiff and Sarah Matilda Herriot thereupon qualified … It is clearly evident, therefore, that this action is to be treated as one for the construction of the will as well as for the specific 2>erformance of the con *329 tract, and all the parties to such action are bound by its

Colon v. Martin

2019 NY Slip Op 2312 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2019

In strictly construing a statute, courts "will not go beyond the clearly expressed provisions of the act" ( Berger v City of New York , 260 App Div 402, 404 , affd 285 NY 723 [internal quotation marks omitted]). … Here, a plain reading of General Municipal Law § 50-h establishes that it does not contain a provision authorizing the defendants to exclude individuals from the 50-h examination.

Root v. Kapelman

67 A.D.2d 131 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1979

Whatever their differences, all parties to this controversy are in agreement that this court should establish guidelines for the disposition of cases of this nature. … It is now beyond dispute that the right of a defendant to be present at trial "is clearly waivable under both the Federal and State Constitutions” (People v Epps, 37 NY2d 343, 349 ), either by voluntary abstention (Diaz v

People v. Figueroa

153 A.D.2d 576 · Appellate Division of the Supreme Court of the State of New York · Aug 7, 1989

The child’s testimony was, itself, sufficient to establish the defendant’s guilt (see, People v Dickson, 112 AD2d 312 ). … However, the victim clearly stated that the attack took place on the day her parents went shopping for a new car.

Matter of Seon v. New York State Dept. of Motor Vehs.

2018 NY Slip Op 2240 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2018

He never stated that anyone medically qualified to do so told him that the pedestrian died because of his injuries, he merely stated that this was "determined." … Here, the evidence clearly and convincingly supports the finding of a serious injury.

Friedmann v. New York Hospital-Cornell Medical Center

65 A.D.3d 850 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2009

In my opinion, this clearly removes the action from the realms of simple negligence. … Furthermore, a plaintiff may rely on the doctrine of res ipsa loquitur to establish medical malpractice.” ( 220 AD2d at 73 .)