Case law

Southwestern Shipping Corp. v. National City Bank

11 Misc. 2d 397 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1958

the value of the foreign exchange, securities, merchandise, etc. involved in the violation. ‘ ‘ The same fine may be levied on whoever performs- qualified acts unequivocally intended for the purpose of violating one of the … With these pertinent authorities established, I find the testimony of Dr.

People v. Insignares

109 A.D.2d 221 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 1985

The record clearly shows he sold almost two ounces of cocaine, to an undercover officer, for almost $4,000. In addition, he was offering to sell a pound for $29,000. … His ‘exemplary’ background, likewise, does not immunize him from the normal processes of the criminal law * * * defendant * * * committed this crime out of greed, not financial need or to obtain money to support a drug addiction

Delgado v. Bretz & Coven, LLP

109 A.D.3d 38 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2013

The court found that plaintiff had failed to establish that she would have succeeded on the appeal but for defendants’ negligence, noting that her deportation to Ecuador was consistent with prevailing law. … Congress did not consider those who reenter the United States in defiance of a prior deportation order to be qualified for § 1255(i)’s amnesty” (id. at 1164-1165, 1167-1168).

Davis v. Kerr

73 N.Y. St. Rep. 726 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1896

The controversy in this case arises out of á trust of $4,000, established by the will of Catharine E. Sinclair. In’order to understand the questions to be considered it is essential to set out the trust clause in full. … Bing was clearly made out. The account in the surrogate’s court was proof of the receipt and joint possession of the trust money by both trustees. Glacius v. Fogel, 88 N. Y. 434, 443 .

People v. Welch

2026 NY Slip Op 00700 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2026

Under CPL 440.47, a defendant who committed certain qualifying crimes prior to the effective date of the DVSJA and whose sentence meets certain requirements may seek resentencing in the court in which their sentence was imposed … Such a narrow construction of CPL 440.47 is not compelled by the statutory language and is contrary to well established rules of construction for remedial statutes ( see Brown , 25 NY3d at 251 ; Dewine , 89 AD3d at 92 ; see

People v. Hobot

200 A.D.2d 586 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1994

Jean-Pierre had also testified as an expert in the field of gynecology in more than five previous court proceedings, and he was qualified as an expert in gynecology by the trial court. … However, these arguments are clearly refuted by the testimony elicited at the hearing on the defendant’s motion to vacate his judgment of conviction. While Dr.

Harris v. Bedell Co.

222 A.D. 467 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1928

Bedell, their president, who holds all except directors’ qualifying shares. The main place of business of the Bedell Company is its building at No. 19 West Thirty-fourth street, borough of Manhattan, city of New York. … They are chiefly matters of record established by documents filed in public offices and admitted in evidence.

People v. Rosario

2022 NY Slip Op 03351 · Appellate Division of the Supreme Court of the State of New York · May 24, 2022

Because the complainant could not identify the defendant, the court held that the evidence did not establish the defendant's guilt beyond a reasonable doubt. … Schlesser-Perry did not state with absolute certainty that the DNA did not come from the seatbelt, this was not an impediment to finding that the verdict was supported by sufficient evidence, since, taken as a whole, her testimony clearly

In re the Estate of Aaronson

20 A.D.2d 133 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1963

A power of invasion vested in a trustee of a residuary trust qualifying as a sufficient benefit under the statute on behalf of a person other than the surviving spouse may have the effect of so diluting the trust as to give … It was held that the power to invade the principal for the benefit of “my wife and/or mother” was “potentially destructive, wholly or in part, of that trust corpus which the statute * * * clearly contemplates shall be the

Board of Education v. Graves

214 A.D. 40 · Appellate Division of the Supreme Court of the State of New York · May 26, 1925

Qualified electors of a district may, by a majority of the votes of those present, provide by tax or otherwise for the conveyance of children of school age whenever there are any such children in the district who reside so … Clearly the “ system” intended could have been that which the Legislature had adopted and approved for thirty years prior to the granting of the special constitutional power to the Legislature.

Zimmermann v. Roessler & Hasslacher Chemical Co.

246 A.D. 306 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1935

As far as the contract goes, such credit might be established in one place as well as in another and this shows more clearly than anything else that the contract is not a sale of credit but is just what it expresses upon … This is the testimony of several witnesses well qualified to give evidence of the customs and practices in the foreign exchange business, and of this testimony I find no substantial contradiction.

Matter of Blue v. New York State Off. of Children & Family Servs.

2022 NY Slip Op 03565 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2022

In December 2016, claimant injured his right leg in a work-related accident, and his claim for workers' compensation benefits was later established for injury to the right knee. … Footnote 5: Even in the absence of ambiguity, it bears emphasis that "the guidelines only provide useful criteria that need not be slavishly followed by the Board" when they lead to a clearly inequitable end ( Matter of Haight

In re the Judicial Settlement of the Accounts of Woodward

69 A.D. 286 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1902

Woodward, qualified. In 18.98 the executor filed.a petition with the surrogate of Orange county .for the judicial settlement of his accounts'. Accompanying the petition was a verified account. … It related to an admission made by a party interested against his own interest, and on this ground was clearly admissible. ■ A careful examination of the record leads irresistibly to the conclusion that the referee and the

People v. Rosario

2022 NY Slip Op 03351 · Appellate Division of the Supreme Court of the State of New York · May 24, 2022

Because the complainant could not identify the defendant, the court held that the evidence did not establish the defendant's guilt beyond a reasonable doubt. … Schlesser-Perry did not state with absolute certainty that the DNA did not come from the seatbelt, this was not an impediment to finding that the verdict was supported by sufficient evidence, since, taken as a whole, her testimony clearly

Reif v. Nagy

2019 NY Slip Op 5504 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 2019

The Second Circuit affirmed in a summary order, [FN15] observing that the District Court's finding that the drawing had not been looted by the Nazis was not "clearly erroneous" ( Bakalar , 500 Fed Appx at 8 ). … 894 F3d 406 [DC Cir 2018] [the sale of art during the Holocaust by a Jewish owner was coerced and under duress, covered by both HEAR and a violation of international law such to be an exception to the Foreign Sovereign Immunities

Helme v. Buckelew

191 A.D. 59 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1920

The reason of the rule in so far as it prohibited suits by foreign executors and administrators prosecuting actions in this State is clearly set forth in Petersen v. Chemical Bank ( 32 N. … executor or administrator cannot in his representative capacity, maintain any action, suit or proceeding, either at law or in equity, in the courts of any sovereignty other than those under whose laws he was appointed or qualified

Gomes v. Vermyck, LLC

2025 NY Slip Op 00849 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2025

Thus, qualified plaintiffs can recover compensatory rent overcharges that resulted from improperly treating apartment units as exempt from rent stabilization while the owner accepted J-51 benefits ( see id. at 389-390 ; Gridley … DHCR , it is public policy that the legislature define clearly the scope of the fraud exception to the pre-HSTPA four-year rule for calculating rents which remains unsettled and the subject of litigation where courts have

Woolley v. Stewart

169 A.D. 678 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1915

The principle involved is presented fully and clearly in McKinley v. Hessen ( 135 App. *681 Div. 832 ). … But with full knowledge of the facts, whatever they were, he established the will in its entirety and accepted the trust without possible reservation.

James v. Alpha Painting & Constr. Co., Inc.

152 A.D.3d 447 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2017

Defendants established prima facie that they had only general supervisory authority over plaintiffs' work, which is insufficient to establish liability under Labor Law § 200 or common-law principles ( see Hughes v Tishman … The two vehicles are clearly distinguishable.

Macauley v. Theodore B. Starr, Inc.

194 A.D. 643 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1921

There was clearly no direct authorization to make this identification of the plaintiff as the man, who committed the fraud. … Further, under section 15, the author says: “ While the court should not discourage actions for malicious prosecutions by establishing harsh rules of evidence, or by the rigid principles of law, by force of which a party