Case law

Cunningham v. Shea

111 A.D. 624 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1906

We think an examination of the rules offered, which are contained in the record, clearly shows that they had no relevancy to any issue involved in this case. … We think it will not do for the defendants to say that upon their ex $>arte statement and without hearing the plaintiff, the keeper ratified their action and that now they may claim immunity from the consequences of their

Toussaint v. Port Auth. of N.Y. & N.J.

2019 NY Slip Op 4302 · Appellate Division of the Supreme Court of the State of New York · May 30, 2019

that the operating engineer was "horse playing" prior to operating the power buggy does not absolve defendant from liability under Labor Law § 241(6) ( see Christey v Gelyon , 88 AD2d 769, 770 [4th Dept 1982] ["It is well established … This is clearly not supported by Industrial Code § 23-9.9(a).

Suppiah v. Kalish

76 A.D.2d 829 · Appellate Division of the Supreme Court of the State of New York · Sep 7, 2010

Whether plaintiffs employment separation with WFI was caused by self-abandonment or benching, there was clearly a 16-month break in his employment resulting in revocation of his visa and precluding visa renewal. … Here, the court is uniquely qualified and able to assess the adequacy of the legal services rendered, and requires no expert guidance.

Ainsberg v. McCoy

32 A.D.2d 397 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1969

The Administrative Board of the Judicial Conference of the State of New York, in establishing a civil service structure for the unified court system (see N. Y. Const., art. VI, § 28;. … Court Clerk III and IV were placed in a noncompetitive class, which gives the Administrative Board great flexibility in the assignment of duties to those formerly qualified special deputies (Court Clerk II).

People v. Lee

116 A.D.3d 493 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2014

When discussing how to respond to the notes, defense counsel urged the court to respond to the notes together because the *495 jury was clearly “struggling with the idea of intent in the assault charge.” … The Court clarified the rule: “nonwillful, negligent loss or destruction of Rosario material does not mandate a sanction unless the defendant establishes prejudice” (id. at 567).

Acme Realty Co. v. Schinasi

154 A.D. 397 · Appellate Division of the Supreme Court of the State of New York · Jan 3, 1913

was, an ordinance of the municipal assembly, and if it authorized a permanent encroachment upon the street, of which character the structures at bar clearly were, then said *402 ordinance was in direct conflict with the … But this fee is a qualified one, being held by it in trust for the public use and benefit, and that use cannot be departed from without violating an essential condition of the contract between it and the abutting property

Terrace Court, LLC v. New York State Division of Housing & Community Renewal

79 A.D.3d 630 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2010

The record contains copies of the canceled checks tendered by petitioner that clearly evidence payment for the work. … . & Community Renewal ( 150 AD2d 378 [1989]) are unavailing because there, too, the work did not qualify as a major capital improvement. To reiterate, in our case, no one contests that the work did so qualify.

Matter of Wiener

122 N.Y.S.3d 304 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2020

[FN1] New York's CPL 1.20(13) clearly defines a conviction as occurring at the time a guilty plea is entered. … If the language of the statutes do not encompass the same misconduct, then "essential similarity" may be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information

Johnson v. New York City Transit Authority

88 A.D.3d 321 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2011

Significantly, the Second Department has held that a New York City firefighter’s *336 line-of-duty accident disability pension benefits (which clearly parallel the instant plaintiffs police pension benefits) “correspond directly … Auth., 49 AD3d 10, 19 [2007], lv denied 11 NY3d 708 [2008]) and therefore qualify as “a collateral source within the meaning of CPLR 4545 (c) that must be set off against the amount of the verdict” ( 49 AD3d at 20 ).

In re William C.

64 A.D.3d 277 · Appellate Division of the Supreme Court of the State of New York · May 26, 2009

and prevent a relapse, and that money management services were required, given that William C. was unable or unwilling to pay his doctor bills and other bills, thereby resulting in his failure to receive medication and qualify … The Supreme Court found that the evidence clearly indicated the need for such service, and that unless William C. participated in the AOT program, his welfare and ability to survive in the community would be jeopardized.

Southgate v. Continental Trust Co.

74 A.D. 150 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1902

It appears clearly from the peculiar provisions of the second codicil that the relations between the testator and Harriet A. … After the establishment of the trust fund for *160 Harriet A. Hume or Whitmore, the remainder of the estate is to he divided equally between Mrs.'Southgate and the children of Alcander Hutchinson, both Hiram H.

Pace University v. New York City Commission on Human Rights

200 A.D.2d 173 · Appellate Division of the Supreme Court of the State of New York · May 5, 1994

Clearly, Dr. Pastore’s letter cannot be read as enlarging the plain language of the contract complainant signed on May 15, 1986 and in succeeding years. … Complainant’s contention that her announcement to Dean Bonaparte, who hired her as an adjunct, to the effect that she had no intention of taking any steps in pursuit of a Ph.D. degree, somehow immunized her from this tenure

La Penna v. Union Free School District No. 9

20 A.D.2d 366 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1964

. * * * The adjustments are necessary in order to attract qualified people and to pay them a sum sufficient for them to live on in this metropolitan area. … After a board of education has clearly complied with the minimum requirements of the statute, both as to amounts of salary and amounts and number of increments, it has always been the view of myself and my predecessors in

In re City of New York

258 A.D. 191 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1939

I am of opinion that the change in translation, even if accepted, is not only immaterial, but indicates just as clearly that the southerly boundary was the ocean. … The principal difficulty in seeking to exclude the broken lands from the scope of the patent is the effort to find something in the description which limits or qualifies the length of the Strom kill as it comes from the sea

P.S. Fin., LLC v. Eureka Woodworks, Inc.

2023 NY Slip Op 00877 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2023

Contrary to PSF's contention, commencing an action by summary judgment in lieu of complaint does not immunize a plaintiff from a finding that it waived whatever rights it had to arbitration. … a term defined under the GCCF Final Rules Governing Payment Options, Eligibility and Substantiation Criteria, and Final Payment Methodology (hereinafter the GCCF Rules), and which the GCCF made because Eureka ostensibly qualified

People v. Gutierrez-Lucero

103 A.D.3d 89 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2012

Counsel added, “[h]e’s clearly not even in the country, as far as we know. He has a right to know this. We have no idea if [the defendant] even received notice in this case. … Legal Analysis A SORA proceeding “determines the risk of reoffense by a person convicted of a qualifying sex offense and requires that individual to register with law enforcement officials according to that risk level” (People

Matter of Dumpling Cove, LLC v. Commissioner of Taxation & Fin.

2024 NY Slip Op 04288 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2024

These are clearly issues with the "collection of taxes," over which the Division does not have jurisdiction (20 NYCRR 3000.1 [d]). … Significantly, the Tribunal has repeatedly held, and I agree, that "[a] consolidated statement of tax liabilities[*5]. . . does not qualify as a statutory notice.

People ex rel. Peabody v. Chanler

133 A.D. 159 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1909

Such commitment is based upon an order ‘adjudging such person to be insane upon a certificate of lunacy • made by two qualified medical examiners in lunacy.’ … He could not be detained a moment after establishing his restoration to sanity.

Matter of Dumpling Cove, LLC v. Commissioner of Taxation & Fin.

2024 NY Slip Op 04288 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2024

These are clearly issues with the "collection of taxes," over which the Division does not have jurisdiction (20 NYCRR 3000.1 [d]). … Significantly, the Tribunal has repeatedly held, and I agree, that "[a] consolidated statement of tax liabilities[*5]. . . does not qualify as a statutory notice.

Myer v. Myer

271 A.D.2d 465 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1946

These circumstances readily establish the reasonableness of the classification, and remove any basis for a claim of lack of equal protection of the laws. … Clearly, any such transactions occurring before April 18, 1943, would be barred by a three-year statute.