Case law

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.

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.

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.

Brooklyn Heights Railroad v. Brooklyn City Railroad

151 A.D. 465 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1912

The directors of the plaintiff at this time were in office and must be assumed to have been qualified as the law required. Mr. … This contention upon the part of the defendant is clearly against equity.

People v. Damron

160 A.D. 424 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1913

The statute requires that this should be as clearly shown as that the variation was material. … He got good, qualified men, selected from the qualified citizens of the entire county, and persons with whom he was entirely satisfied after submitting each juror to a personal examination.

People v. Hansen

290 A.D.2d 47 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2002

Prior to her testimony, Davis executed a written waiver of immunity before the Grand Jury. The prosecutor did not inform the Grand Jurors that, in exchange for Davis’s testimony, she would only be charged with robbery. … Although Davis testified that she was “numb” and in “shock” and had not slept during that time, she indicated that she believed she was “thinking clearly” after the murder.

People v. Callicut

101 A.D.3d 1256 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2012

Here, based upon the court’s inquiry of the witness — who was accompanied by counsel — outside the presence of the jury, there was no basis from which to conclude that the witness’s invocation of the privilege was “clearly … Defendant failed to preserve his further contention that the People should have granted immunity to this witness (see People v Grimes, 289 AD2d at 1073). .

Matter of Epstein

2022 NY Slip Op 00658 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2022

"A testator or testatrix has the right to determine who is most suitable among those legally qualified to settle his or her affairs, and that selection is not to be lightly discarded" ( Matter of Venezia , 25 AD3d 717, 718 … established ( see Matter of Duke , 87 NY2d 465, 473 ; Matter of Steward , 193 AD3d 940, 942 ; Matter [*3]of Kaufman , 137 AD3d 1034, 1035 ).

Venecia V. v. August V.

113 A.D.3d 122 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2013

Nothing in the record establishes that the children lacked the capacity for voluntary judgment as required by Rules of the Chief Judge (22 NYCRR) § 7.2. … The relevant clause in the parties’ 2005 agreement clearly designated 2005 as the base year, thus indicating that increases would begin in 2006.

Pennsylvania Railroad v. State

15 A.D.2d 269 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1962

A commitment by the Irving Trust Company was made to loan $15,000,000 to the Long Island, if it qualified as a railroad redevelopment corporation and upon so qualifying, the bank became bound to and did loan the money. … It appears from the statute that the object of a “ Railroad Redevelopment” corporation is to attract fresh money and establish financial stability for such corporation.

In re General Assignment of Henry Thoesen & Bro.

62 A.D. 87 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

The assignment was made in October, 1893, and the assignee accepted the trust and qualified and *89 entered upon the discharge of the same. … This case is clearly distinguishable from Kerr v. Blodgett ( 48 N. Y. 62 ) and the other cases relied upon by appellant.

Harradine v. Board of Supervisors

68 A.D.2d 298 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1979

Clearly, the Legislature designed the Municipal Home Rule Law to afford the public an opportunity to be heard and a forum to discuss proposals. … The genuine good faith of the Board to establish a constitutional apportionment plan for the county and to abide by the judicial decree is evident.

Matter of State of New York v. Timothy R.

2018 NY Slip Op 8940 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2018

all or part of the testimony of one or all of the experts, in order to find that Timothy R. suffers from a mental abnormality, the jury must conclude that at least one of the State's experts, individually or collectively, clearly … and convincingly established that Timothy R. has a congenital or acquired condition, disease, or disorder that predisposes him to commit a sex offense as defined in the statute.

Klupchak v. First East Village Associates

140 A.D.3d 8 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2016

§ 53 was the date of the erection of the fire escape— specifically, whether it was erected after 1929 — and found that whether the building was designated as a tenement, a multifamily dwelling or otherwise, the statute clearly … The court reasoned that the qualifying statement of the first sentence of Multiple Dwelling Law § 53, concerning its applicability only to fire escapes erected after 1929, could not be ignored.

Frazier v. State

100 A.D.2d 270 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1984

has clearly not received such wide application because of the requirement that the employee be under the control of the employer at the time of the injury.” … The officers are required to qualify at least once a year in the use of those weapons.

In re the Estate of Presender

285 A.D. 109 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1954

With respect to the administration of estates of deceased owners there has always been provision for payment or re-issue of the bonds to the qualified representative of the estate, or to persons entitled to share in the estate … Justice Carlin, relying on an earlier dictum of Surrogate Foley, held that the effect of the Federal regulations was clearly to invalidate a gift causa mortis of savings bonds, payable to the donor.

Farage v. Ehrenberg

124 A.D.3d 159 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 2014

Other documentary evidence exists in the record evidencing a termination of the attorney-client relationship within a time frame that clearly preceded the consent to change attorney form dated April 11, 2008, and which was … Frishberg v Toman, 105 AD3d 712 , 713 [2013]), his verified answer, annexed as an exhibit to his motion, set forth evidentiary facts sufficient to qualify as an affidavit of merit (see CPLR 105 [u]; County of Nassau v Cedric

In re Compel an Accounting in the Estate of Varet

181 A.D. 446 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1918

First, that a person has the right by will to dispose of his estate in any way that he desires, qualified only that he shall not contravene some established rule of law or public policy. … The market for eight months after the executor qualified was normal and for at least sixty days thereafter prices could have been realized in excess of the inventoried value.

Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC

2024 NY Slip Op 01744 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2024

Although we acknowledge that printouts from websites may constitute documentary evidence under certain circumstances, in this case, the contents of the website printouts do not so qualify, as they can be controverted by other … Additionally, these cases clearly had more factually developed records than the instant case ( see Crye Precision LLC v Duro Textiles, LLC , 689 Fed [*7]Appx at 106 [citing to expert opinion]).

Matter of People of the State of N.Y. v. Quality King Distribs., Inc.

2022 NY Slip Op 05010 · Appellate Division of the Supreme Court of the State of New York · Aug 23, 2022

Moreover, in order to establish a prima facie showing of price gouging, the AG must submit evidence establishing one of two things: either that the amount charged represents a gross disparity between the price of the consumer … On February 26, 2020, the director of immunization and respiratory diseases at the United States Centers for Disease Control and Prevention (CDC) warned that "[w]e expect we will see community spread in this country"; that