Case law

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.

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

Gomez v. New York City Housing Authority

217 A.D.2d 110 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1995

Clearly, Ms. Mallette and Ms. … Ann Burgess, an eminently qualified expert on rape trauma syndrome who, in addition to extensive clinical experience with victims, has lectured and authored books and articles on the subject; and Dr.

Delta Resources, Inc. v. Harkin

118 A.D.2d 133 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1986

In our view, plaintiffs have a strong probability of success in qualifying for a Mohawk permanent injunction. … The defendants’ reliance upon the expiration of Harkin’s covenant not to compete against plaintiffs is clearly misplaced.

In re the Arbitration between Shand & Aetna Insurance

74 A.D.2d 442 · Appellate Division of the Supreme Court of the State of New York · May 19, 1980

Co., 49 NY2d 907 ) while failing to clearly articulate guidelines for the future. … Having concluded that *445 the award was rationally based under the standard for mandatory arbitration established in Mount St.

Rainbow v. Albert Elia Building Co.

79 A.D.2d 287 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1981

Clearly distinguishable under present New York law is a strict products liability claim of design defect, based as it is on a balancing of risk and *293 utility factors, and involving considerations of reasonable care [3] … The difficulty with that conclusion is that the trial court sustained objections to some of the testimony offered by plaintiff's well-qualified expert which might well have established defective design sufficiently for the

Scaringe v. Ackerman

119 A.D.2d 327 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1986

Thus, if a proceeding had been brought to challenge these qualifications, respondents clearly could not make the argument that such a challenge was in fact a challenge to the designating petition. … "Mere land without a dwelling place does not establish a domicil” (49 NY Jur 2d, Domicil and Residence, § 2, at 7).

Duane Reade, Inc. v. Cardtronics, LP

54 A.D.3d 137 · Appellate Division of the Supreme Court of the State of New York · Aug 5, 2008

Relative or qualifying words or clauses in a statute ordinarily are to be applied to words or phrases immediately preceding, and are not to be construed as extending to others more remote, unless the intent clearly indicates … In the instant case, the construction of the sentence seems to establish that the demonstrative adjective “these” modifies “lost surcharge transactions,” and the nominative phrase “these lost surcharge transactions” can only

People v. Byrd

51 A.D.3d 267 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 2008

This instruction ensured that the jury did not improperly rely on Professor Burgess’s testimony to establish the assault. … A shod foot is clearly a foot “furnished or equipped with a shoe” (Merriam Webster’s Collegiate Dictionary 1150 [11th ed 2007]).

People v. Vilella

2026 NY Slip Op 00097 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2026

tenets of CPL 310.30 and qualifies as a mode of proceedings error" ( Silva , 24 NY3d at 300 [internal citations omitted]). … To hold otherwise is a deviation from established precedent.

Ause v. Regan

59 A.D.2d 317 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1977

other than those specifically excepted, shall "hold over and continue to discharge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified … Meyer Memorial Hospital by operation of section 129-a of the General Municipal Law, section 1602 of the Erie County Charter, and section 16.02 of the Erie County Administrative Code (see Point IV, infra), establish that as

Kelly v. Home Savings Bank of City of Albany

92 N.Y.S. 578 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1905

Sibbalds to create a joint ownership, with the right to the survivor to take the entire account, was not established. … 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

HARPER, BRANDON E., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Oct 2, 2015

“[I]t should be obvious that the more the defendant shoots . . . the victim, the more clearly intentional is the homicide” (People v Payne, 3 NY3d 266, 272, rearg denied 3 NY3d 767). … Here, the evidence established that there were multiple shots fired at the victim.

People v. Harper

132 A.D.3d 1230 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2015

“[I]t should be obvious that the more the defendant shoots . . . the victim, the more clearly intentional is the homicide” (People v Payne, 3 NY3d 266, 272 [2004], rearg denied 3 NY3d 767 [2004]). … Here, the evidence established that there were multiple shots fired at the victim.

Matter of Jorling v. Adirondack Park Agency

2023 NY Slip Op 01118 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 2023

[FN2] In order to establish standing to challenge the permit/order, petitioner was "obliged to show an actual stake in the controversy by establishing both an injury-in-fact and that the asserted injury is within the zone … Pursuant to such an analysis, however, two factors would not qualify as "more than one" and, as such, this interpretation conflicts with a plain reading of the regulations.

Cover v. Cohen

113 A.D.2d 502 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1985

"The statutory apportionment established under G.O.L. Section 15-108 is available only in cases where plaintiff discharged one of the tortfeasors prior to the taking of a verdict and entry of judgment in an action. … More importantly, the Court of Appeals did not qualify the phrase "pre-existing judgment” in the limited manner suggested by defendant Cohen.

Ryan v. City of New York

179 A.D. 181 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1917

The rule that where a release contains general words which are followed or preceded by a particular recital, the particular recital qualifies the general words, is peculiarly applicable where the general words are part of … The issue, of fact raised by this conflict was submitted to the jury, and the finding was clearly against the weight of the evidence.

West Virginia Pulp & Paper Co. v. Peck

189 A.D. 286 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1919

The rule is well established that nothing passes in such grants as the above by implication or except such as is expressed in unequivocal language. … In the instant case the description clearly begins west of the river. And the river is never mentioned in the description independently of one or both of its “ sides.”

In re the Estate of Hunter

6 A.D.3d 117 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2004

Under articles Eighth (A) and (B) of her will, she had established two equal residuary trusts for the benefit of each of two granddaughters, Alice F. … 2d 678, 681 [1958], affd 8 AD2d 829 [1959]; 7 Warren’s Heaton, Surrogates’ Courts § 102.03, at 102-134-102-138 [6th ed rev]). “ ‘Matters embraced in a decree and in the account . . . include only those matters which are clearly

Fallica v. Town of Brookhaven

69 A.D.2d 579 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 1979

By contrast, in Erie County Water Auth. v County of Erie ( 47 AD2d 17 ) the court held that certain property held by the water authority did not qualify for tax exemption because it was not employed for the proper purposes … A fire district, once it is established, is a separate entity from the town board.