Case law

Jones v. Presbyterian Hospital

3 A.D.3d 225 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2004

Illustrating the concept that even visible hazards do not necessarily qualify as open and obvious is Thornhill v Toys “R” Us *234 NYTEX, 183 AD2d 1071 [1992]), in which summary judgment was denied where a customer tripped … the platform was open and obvious, even though the platform was discernible, and indeed, the plaintiff had initially noticed and avoided it, pointing to photographs revealing that the presence of the platform was not as clearly

Abramson v. Commissioner of Education

1 A.D.2d 366 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1956

It seems that the board had established a two-point zone for rereading of papers of those Avho had barely failed the test and it had accordingly reread the papers of those who had originally attained marks of 58% and 59% … authority, under the commissioner’s decision, to proceed to reread the papers of those who had originally attained marks of 63% and 64%, and whose papers it had not previously reread, because, -with the 5% credit, they had all clearly

People v. Derival

181 A.D.3d 918 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2020

Bellizzi also testified that the medical examiner would be qualified to provide an opinion as to impact calculations only if she had expertise in bio-mechanical engineering. … And the [Toyota] just ahead of me in the right lane and myself being in the left staggered, there was clearly not enough room to pass."

Ioele v. Alden Press, Inc.

145 A.D.2d 29 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1989

In accordance with the holding of McDonnell Douglas, plaintiff bears the initial burden of establishing a prima facie case of age discrimination. … a prima facie case only if he can demonstrate that he was in a protected age group; that he was terminated; that he was sufficiently qualified to continue holding his position; and that his position was subsequently filled

Tobin v. Steisel

98 A.D.2d 671 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1983

The board also decided that “satisfactory correlation between the incident claimed to be the causal event and the disabling symptoms has not been established.” … Moreover, when there is a conflict in medical opinion, the board of trustees is clearly entitled to rely upon the informed judgment of its medical board and reject the evaluation made by petitioner’s physicians.

People v. Trump

2025 NY Slip Op 04756 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2025

Defendants do not dispute the SFCs for 2014 through 2021 qualified as business records. … At trial, defendants submitted testimony by 12 highly qualified experts in relevant fields.

Childs v. Childs

69 A.D.2d 406 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1979

Orr bears a burden he would not bear were he female * * * The burden alone is sufficient to establish standing. … of law, either by overruling clear past precedent on which litigants may have relied * * * or by deciding an issue of first impression whose resolution was not clearly foreshadowed”; (2) does an examination of the prior

Mitchell v. Zoning Board of Appeals

80 A.D.2d 641 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 1981

The instant matter is clearly of the Matter of Fulling v Palumbo ( 21 NY2d 30 ) genre under which an area variance may be granted if the movant can demonstrate significant economic injury and the variance will not adversely … The only evidence advanced to establish Burckel’s significant economic injury was that it was burdensome for an elderly man to pay taxes of about $10,000 on the vacant land.

People v. Davis

74 A.D.2d 801 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1980

question him further with regard to the subject matter of the answer or confront him with the evidence contradicting it in what was an obvious prosecutorial decision to avoid or limit the possibility that the defendant might qualify … Thus, the interviews concerning which this defendant was questioned were clearly relevant to the conduct under investigation.

Lichtman v. Nadler

74 A.D.2d 66 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1980

This statute removes any immunity which the defendant may otherwise claim by reason of the natural condition of her land. … Plaintiffs’ claims clearly establish a cause of action based on either a private nuisance or a public nuisance theory; they have alleged that the conditions on defendant’s property interfere with the use and enjoyment of

People v. Fisher

24 N.Y. Crim. 171 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1909

further complains that he was not allowed to ask the witness Sessler who was the defendant’s accomplice, whether he expected to be prosecuted, but if the sustaining of an objection to that question be error, the error is clearly … Provisions of Code declaring that “ burning of building under circumstances which show beyond a reasonable doubt that there was no intention to destroy, is not arson,” held, only intended to qualify provisions concerning

DiLorenzo v. Windermere Owners LLC

2019 NY Slip Op 4779 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2019

These photographs clearly depict what appears to be new flooring, new tiling and a new bathtub and sink in the bathroom, as well as new appliances and cabinets in the kitchen. … Supreme Court found that the documentary evidence did not establish the claimed improvements.

Alison D. v. Virginia M.

155 A.D.2d 11 · Appellate Division of the Supreme Court of the State of New York · Mar 2, 1990

Clearly, a child’s love for, and attachment to, a person who has assumed the role of parent, is no less merely because that person is not biologically related to the child. … willing to support the child as well as wants the reciprocal rights of custody or visitation afforded to a parent”]; Bryan v Bryan, 132 Ariz 353, 645 P2d 1267, 1272-1273 [stepparent who stands in loco parentis to stepchild qualifies

In re the Rehabilitation of Empire Mutual Insurance

85 A.D.2d 201 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1982

The section does not go on to qualify the broad sweep of the quoted language to exclude from coverage losses occurring “within the course of a business of repairing, servicing, or otherwise maintaining motor vehicles”. … This will most often occur either where the injured person is unable to establish culpability or where the anticipated recovery is not sufficient to justify the expenses and problems of litigation.

People ex rel. Percival v. Cram

50 A.D. 380 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1900

By this act it was clearly intended that before removal opportunity for explanation should be afforded, and until that requirement was complied with there could be no valid removal. … Chapter 199 of the Laws of 1888 provided that when there were no persons appointed and qualified to act as harbor masters, the dock-masters appointed by the commissioner of docks of the city of blew York should be vested

Rich v. East 10th Street Associates LLC

77 A.D.3d 60 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2010

That surely was not the intention of the Legislature when it enacted the RRRA [Rent Regulation Reform Act], Its purpose was to alleviate the burden on honest landlords to retain rent records indefinitely, not to immunize … Clearly, the statute was not intended to diminish DHCR’s power to enforce the owners’ obligation to provide essential services to housing accommodations in New York City.

People v. Karp

158 A.D.2d 378 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1990

If I clearly wanted to hit the person, there’s no way from 15 or 20 feet, I would have missed, no way. As sure as I’m talking to you, no, sir. How sure I am. If I wanted to hit him, I could have hit him. … This is insufficient to establish a taking by force or threat of force (see, Penal Law § 160.00; see also, People v Davis, 71 AD2d 607 ).

COUNTY OF ERIE v. M/A-COM, INC.

104 A.D.3d 1233 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013

Finally, we reject defendant’s contention that he is immune from suit because he exercised discretion in recommending the M/A-Com contract, inasmuch as he is not being sued for an injury to a member of the public (see Valdez … It is well established that Erie County is a municipal corporation with the right to sue and be sued (see NY Const, art X, § 4; County Law § 3; see generally Beneke v Town of Santa Clara, 28 AD3d 998, 999).

Mobil Oil Corp. v. Rubenfeld

48 A.D.2d 428 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1975

The fact that a retailer can refuse to deal does not give the supplier immunity if the arrangement is one of those schemes condemned by the antitrust laws. * * * "The fact that, on failure to renew a lease, another dealer … The cases cited to support that conclusion are clearly distinguishable. In Russell v Shell Oil Co. ( 382 F Supp 395 ), there was no allegation whatsoever of antitrust violations, fraud or coercion.

Singer v. Eli Lilly & Co.

153 A.D.2d 210 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 1990

The statute clearly states that any claim for personal injuries arising out of exposure to DES is revived, "provided such action is commenced within one year from the effective date of this act”. … Thus, they do not qualify as members of the Kelly class.