Case law

Hirschfeld v. Horton

88 A.D.3d 401 · Appellate Division of the Supreme Court of the State of New York · Sep 13, 2011

MHLS asserted that Mental Hygiene Law article 81 clearly contemplated that MHLS would receive compensation when appointed as counsel in guardianship proceedings, as Mental Hygiene Law § 81.10 (f) provides that “[t]he court … Luke’s decisions, stated, inter alia, “[T]he Court of Appeals clearly indicates that the city must pay when counsel is court appointed in [a Mental Hygiene Law article 81], guardianship proceeding.

Harvey v. Mazal American Partners

165 A.D.2d 242 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 1991

Defendants Assay Partners, HRH and Gem Steel urge that the damage awards are clearly excessive and must be set aside. … The medical testimony established that plaintiff Harvey required such 24-hour nursing care.

People v. Hudson Valley Construction Co.

165 A.D. 626 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 1915

People ( 195 Ill. 430 ) an agent of the insurance company was permitted to testify, in a suit to recover a statutory penalty, to facts establishing the guilt of the company. … The evidence shows clearly that not one barrel was used.

In re Axtell

235 A.D. 350 · Appellate Division of the Supreme Court of the State of New York · May 20, 1932

The petitioner’s knowledge of the material printed in The Windlass was clearly established. ' The attitude of defiance of the court assumed by Mr. … The claim of privilege is qualified by the condition that it must be asserted in good faith.”. In Matter of Levy and Matter of Hartman ( 228 App.

Fields v. New York City Campaign Finance Board

81 A.D.3d 441 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2011

Respondent New York City Campaign Finance Board (CFB) administers the campaign finance program established in 1988 by the New York City Campaign Finance Act (Administrative Code of City of NY § 3-701 et seq.). … Because Fields could not qualify for public funding for her 2005 mayoral campaign unless that debt was repaid (52 RCNY 5-01 [f] [3]), on October 7, 2004, her 2005 campaign lawfully transferred $93,000 raised for the 2005

GRACE, JOHN W. v. LAW, MICHAEL R.

108 A.D.3d 1173 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 2013

determine if an individual or other entity equitably should be considered an “employee” of the federal government for purposes of the Federal Tort Claims Act ([FTCA] 28 USC § 2671 et seq.) because the FTCA waives sovereign immunity … In denying the government’s motion for summary judgment dismissing the complaint, the court determined that “a reasonable factfinder could conclude that [the physician] qualifie[d] under the FTCA as an ‘employee’ of the Bronx

Matter of National Fuel Gas Supply Corp. v. Schueckler

2018 NY Slip Op 7550 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2018

Finally, we note that the FERC has clearly and unambiguously stated that the conditions in its initial order need not be satisfied prior to petitioner commencing a taking proceeding under the eminent domain law. … Congress did not establish any prerequisite for eminent domain authority beyond the Commission's decision to issue the certificate " (emphasis added).

Atkin v. Hill, Darlington & Grimm

15 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1962

It clearly desired the specific security and its issuer to be sufficiently sound, in the judgment of the Superintendent, to warrant the purchase of the security by our citizens with a reasonable degree of safety. … The contemplation was that the Superintendent would “ establish standards, for the protection of the public, to which the securities must conform in order that their sale be permitted” (Insurance Law Revision, Tentative Draft

Matter of Rochester Police Locust Club, Inc. v. City of Rochester

2021 NY Slip Op 03787 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2021

The gravamen of plaintiffs' lawsuit is that Local Law No. 2 is invalid in certain key aspects, and "it is well established that an article 78 proceeding is not the proper vehicle to test the validity of a legislative enactment … Schenectady thus clearly contemplates the potential repeal of a preexisting law concerning police discipline that would have otherwise qualified for the PBA-created exception to mandatory collective bargaining.

Caprer v. Nussbaum

36 A.D.3d 176 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2006

The absence of a direct fiduciary relationship, however, does not immunize the accountants from the plaintiffs’ claims here. … Here, the defendants other than the sponsor clearly made a showing of their entitlement to summary judgment dismissing the claims related to breach of the offering plan.

New York City Health & Hospitals Corp. v. Bane

208 A.D.2d 97 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1995

the relief sought’ in order to resolve which Statute of Limitations is applicable ( 49 NY2d, at 229 ; cf., Koerner v State of New York, 62 NY2d 442, 447 [Solnick rule does not govern when 'a specific limitations period is clearly … Plaintiffs assert that McBarnette (supra) cannot be applied retroactively, since it established a new principle of law concerning the Statute of Limitations, and such a new principle should be applied prospectively only.

Stewart Family LLC v. Stewart

2020 NY Slip Op 3465 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2020

Stewart LLC's ownership of the paintings is established by the contract by which the paintings were conveyed to it by the trusts. Barbara's refusal to relinquish possession of the paintings is not disputed. … [FN5] Barbara's second argument is that, as manager of Stewart LLC, she had a power of attorney coupled with an interest that rendered her immune from removal as manager unless she consented to her removal.

Hotel des Artistes, Inc. v. General Accident Insurance of America

9 A.D.3d 181 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 2004

There is no damage alleged that would qualify under the definition of ‘bodily injury,’ ‘property damage’ . . . which are the only damages your policy covers.” … In our view, the allegations in the underlying complaint against the hotel clearly fall within the embrace of the policy.

Matter of Keanu S.

2018 NY Slip Op 6918 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2018

Clearly, the facts and circumstances of [the child's] history do not fit within the legislative scheme of the SIJS statute, which is concerned with providing special protection to immigrant children who have experienced maltreatment … Moreover, it is a well-established State policy that we do not equate children adjudicated as juvenile delinquents with adults convicted of crimes.

People ex rel. Valenti v. McCloskey

8 A.D.2d 74 · Appellate Division of the Supreme Court of the State of New York · May 5, 1959

immunity granted (Penal Law, § 2447). … Div. 57, 63 , supra) it was emphasized that “ There is a distinction between the untruthful statement which does not clearly appear to be such from the face of the record but is uncovered only with the aid of extrinsic evidence

In re the Final & Judicial Settlement of the Accounts of Halsted

110 A.D. 909 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1905

I entertain no doubt that these facts establish both joint possession and joint control,- either of which is sufficient under the well-settled law of this State to bring the surviving trustee under the rule established in … The rule governing the liability of trustees'in such cases has been clearly stated in the case of Purdy v.

Gouert v. Mechanics & Metals National Bank

191 A.D. 854 · Appellate Division of the Supreme Court of the State of New York · May 14, 1920

On May 18, 1914, Stoppani & Hotchkin, individually and as partners, made an assignment for the benefit of their creditors to the defendant Gilbert, who qualified and acted as assignee and thereafter qualified and is now acting … The decision of this court on the former appeal was based upon the theory, as clearly appears from the opinion ( 176 App. Div. 507 ), that the only controversy was between the plaintiff and Fisher.

People v. Spencer

135 A.D.3d 608 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2016

Nonetheless, after the court ended the colloquy with the jurors, counsel immediately moved for a mistrial on the ground she was no longer qualified to be a juror in this case. … The record here clearly supports the fact that the court coerced the juror, who may have surrendered her conscientious belief, to render a verdict.

People v. Hopkins

56 A.D.2d 820 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 2008

While references to defendant as a “rapist” and “monster,” and descriptions of the time he spent with the victim as “conjugal visits,” were clearly inappropriate, we cannot conclude, in light of the other evidence presented … call a witness for this purpose because, as the court stated, this individual was not employed at the facility when the victim first disclosed the intimate nature of her relationship with defendant and was, therefore, not qualified

Koehler v. Syracuse Specialty Manufacturing Co.

12 A.D. 50 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

established the same Or either of them. … The plaintiff, at the time of receiving the injury complained of, was upwards of sixteen years of age; he was, therefore, sui juris, and, in the absence of evidence tending to show that he was not qualified to understand