Case law

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

Clarke v. Town of Newburgh

2025 NY Slip Op 00517 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 2025

The statute provides that a violation of this provision of the NYVRA may be established, inter alia, by a showing that a political subdivision uses "an at-large method of election," and "either . . . … Then, after passage of a contentless resolution that commits a political subdivision to do nothing unless it unilaterally decides that a NYVRA violation "may" exist, a political subdivision enjoys a 90-day immunity from suit

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.

Tompers v. Bank of America

217 A.D. 691 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1926

The usual proxy merely establishes a relation of principal and agent terminable by the principal at will either through revocation or through sale of his stock. … The proxy creates a relation of a temporary character under a restrictive statutory authority; the voting trust is created without the need of statutory license and confers not a revocable authority upon an agent but a qualified

Addo v. Melnick

61 A.D.3d 453 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2009

In relevant part, plaintiffs affidavit in opposition to the motion asserted as follows: “I now clearly recollect that I moved to New Jersey on November 24, 2006. … I disagree, however, with the majority’s conclusion that this admission conclusively established that plaintiff moved to New Jersey before she commenced this action on November 22, 2006.

Weg v. DeBuono

269 A.D.2d 683 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2000

The second through ninth specifications charged petitioner with misconduct pursuant to Education Law § 6530 (40) based on his failure to provide patient records to qualified persons for patients A through D as well as patients … Moreover, while the text of the Bureau’s notice of review referenced an incorrect order number, the caption clearly referenced the correct order number and properly named petitioner.

Matter of AL.C.

2024 NY Slip Op 03799 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 2024

I would contend that this holding fails to contemplate two important and well-established considerations. … It is my contention that this qualifying language is imperative in analyzing the statutory meaning and intent of § 1089, particularly Family Court Act § 1089[c][2][iv] and [d].

Fred S. James & Co. v. Rossia Insurance

220 A.D. 404 · Appellate Division of the Supreme Court of the State of New York · May 6, 1927

establish. *410 As was said by Judge Gray in Trotter v. … It clearly appears that the plaintiff has not exhausted its available remedies against the assets in the country where the claim arose.

JPMorgan Chase Bank v. Motorola, Inc.

47 A.D.3d 293 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 2007

Thus, Motorola’s potential liability in the Indian action may qualify as “property” available for enforcement of Chase’s judgment under CPLR 5201 (b), but only if the proceeds of any future judgment or settlement in the Indian … [“Nothing can be more clearly just, than that a person who has been compelled, by a competent jurisdiction, to pay a debt once, should not be compelled to pay it over again”]).

Minot v. Minot

17 A.D. 521 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

The plaintiff, who was the executor and trustee named in the will, duly qualified and assumed the duties of his office. … the land upon the ceasing of the precedent estate, yet the certainty of his designation did not do away with the uncertainty of the event upon which alone his estate would vest, and, therefore, the remainder to him was clearly

Grace Plaza of Great Neck, Inc. v. Elbaum

183 A.D.2d 10 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1992

Clearly, the plaintiff at no point knew Mrs. Elbaum’s wishes, nor could it ever have known anything more than Mr. Elbaum’s view as to what those wishes were. … Elbaum’s] wishes”, and acted "in violation of her clearly declared wishes”. We see no basis in the record for making this finding of fact.

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

Independence Bank v. Valentine

113 A.D.3d 62 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 2013

Entitlement to a judgment of foreclosure is established, as a matter of law, where the plaintiff produces the mortgage, the unpaid note, and evidence of the default (see Emigrant Mtge. … Real Property Actions and Proceedings Law § 1304 (5) (a) (i)-(iv) defines a qualifying “home loan” as one in which, inter alia, the borrower is a natural person; the borrower incurs the debt “primarily for personal, family

Matter of AL.C.

2024 NY Slip Op 03799 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 2024

I would contend that this holding fails to contemplate two important and well-established considerations. … It is my contention that this qualifying language is imperative in analyzing the statutory meaning and intent of § 1089, particularly Family Court Act § 1089[c][2][iv] and [d].

Pell v. Pell

65 A.D. 388 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

It is urged, however, that the words “ beginning on the east side of Greenwich Hoad ” in this conveyance necessarily exclude the fee to the highway If there were no other words qualifying or limiting this phrase, we might … Warner retained the fee to the easterly half of the highway, and if these facts clearly appeared the purchaser could be compelled to take title. ( Ottinger v. Strasburger, 33 Hun, 466 ; affd., 102 N. Y. 692 ; Carroll v.

In re Ball

184 A.D. 18 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1918

In December, 1905, respondent was appointed by the Surrogate’s Court, Kings county, executor of and trustee under the will of Mary Caulfield, deceased, and duly qualified. … The learned referee states: “ It clearly appears that the effect of the transaction was a deal carried through by him acting as trustee with himself acting individually, thereby violating the well-settled rule of conduct

Hoyos v. NY-1095 Avenue of the Americas, LLC

156 A.D.3d 491 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2017

Indeed, waiting in line to sign in and enter a building cannot possibly qualify as engaged in the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.” … Clearly, this is not the type of accident section 240 (1) was intended to prevent. The cases upon which the majority and plaintiff rely are inapposite.

Haefelin v. McDonald

96 A.D. 213 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1904

This exception was established in .this State by Lawrence v. Fox ( 20 N. … ” The statement of this proposition decided by the court shows clearly that the decision is *228 not an authority for holding the defendant in this action.

Wood v. Wyeth

81 N.Y.S. 1148 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 1903

White, the circumstances seem to clearly indicate that this is a mistake, and that it was Dr. Robertson who acted. Dr. … If the food which the boy had taken into the stomach was digested, and there was nothing but fluid in the stomach at the time of the operation—and this appears to be established by the autopsy, which is in no wise contradicted—the

In re Jacobson

263 A.D. 371 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 1942

That fact is clearly established by the~quotations from the answering affidavit of the respondent in wMch he admitted that Weiss stated that he could not obtain a clerk’s position in a law office for the reason that he could … The respondent, therefore, sought to aid a candidate to gain admission to an honorable profession although he knew the applicant was not qualified for such membersMp.