Case law

Jennings v. Commissioner

71 A.D.3d 98 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2010

Clearly, given the statutory framework and the enforcing agency’s regulations, Hammond’s Social Security and pension income, which funded Frediland’s SNT, could not be excluded from her NAMI. … To qualify for an exception to the rules in this section, the trust must contain a provision stating that, upon the death of the individual, the State receives all amounts remaining in the trust, up to an amount equal to

Crawford v. Dexter

178 A.D. 764 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1917

and approval of the two other executors, or such of them as shall qualify, I direct that the sum of Fifteen hundred dollars per annum be paid to S. … We deem it unnecessary to cite further the cases in line with these determinations, believing that they sufficiently establish the law applicable to the question before us.

Meyer Bank v. Board of Education

280 A.D. 58 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1952

The absorption of the appropriation for the whole construction project by the general construction and electrical contracts alone, was clearly illegal. … The verdict was conservative in amount, was clearly warranted, and the judgment appealed from should be affirmed, with costs. Cohn, J.

Leibowitz v. Bank Leumi Trust Co.

152 A.D.2d 169 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1989

Significantly, the court rejected that argument, specifically stating: "In this case, the phrase in subdivision 2 (c)—'any such activity, policy or practice’—clearly has as its antecedent the unlawful activity, policy or … practice referred to in paragraph (a), which unlawful activity is unequivocally qualified by the requirement that it create and present a substantial and specific danger to the *179 public health or safety.

St. John v. Andrews Institute for Girls

117 A.D. 698 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1907

Letters testamentary were issued to the plaintiff as sole surviving executor on the 23d day of May, 1899, and he qualified and has ever since acted as executor and trustee under the will. … If the statute^ refers to the- family status at the time of making the will, it must refer "to his: property status at that time also; which clearly it does not.

Williams v. Hooper

82 A.D.3d 448 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 2011

As to plaintiff’s comparative negligence, there was no dispute that plaintiff stepped onto Madison Avenue north of the crosswalk at 125th Street without first checking for oncoming vehicles, an act that qualifies as negligent … On appeal, plaintiffs sole argument is that “this ‘cushion of space’ doctrine is clearly supported” by Bello v New York City Tr. Auth. ( 50 AD3d 511 [2008]).

Seward Park Housing Corp. v. Cohen

287 A.D.2d 157 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2001

This “open and visible or notorious” use is also required to establish an easement by prescription (2 NY Jur 2d, Adverse Possession, § 43). 2 It is essential that the owner have knowledge of the adverse possession or use. … If the ordinance provides tenants with protection by deeming a waiver, it is not up to this Court to substitute its own judgment by questioning who qualifies to be an agent.

People v. Norton

164 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1990

Furthermore, Roídos clearly had a motive—revenge—to fabricate his initial statements. … We note that this refusal by Roídos, who testified in the Grand Jury but subsequently recanted, was unwavering; despite a promise of immunity from the prosecutor, he persistently asserted his Fifth Amendment right against

People v. Wood

58 A.D.3d 242 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2008

A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime of mental culpability.” … Having established that possession must be knowing and voluntary, however, does not end the matter.

In re Silkman

88 A.D. 102 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

In passing, it may be proper to suggest that, while the definitions quoted from the standard dictionaries correctly defined the word “ malpractice ” in the abstract, I am clearly of the opinion that as applied to practitioners … contained in it, and each clause explained and qualified by every other (People ex rel.

Young v. City of Rochester

76 N.Y.S. 224 · Appellate Division of the Supreme Court of the State of New York · May 13, 1902

The principles laid down in such cases are too well established to permit of dispute, or even doubt. They are conceded by the plaintiff in this case. … If it had, clearly, it would have attempted to give a bonus or gratuity, and would have been void.

Matter of Vincent v. Adams

2025 NY Slip Op 04146 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2025

for rent for qualified individuals (18 NYCRR 352.3[a][1]). … On appeal, the City Council argues that the Social Services Law does not preempt the field of rental assistance because that law does not clearly evince a [*5]desire by the State Legislature for statewide uniformity in that

RITE AID CORPORATION v. HAYWOOD, STEPHEN

Appellate Division of the Supreme Court of the State of New York · Jul 10, 2015

Those eight properties were clearly within the recognized parameters of the national net lease drugstore submarket. The average sale price for those comparables was $4,716,648. … While it is well established that “a property valuation by the tax assessor is presumptively valid” (Matter of FMC Corp. [Peroxygen Chems.

Mitchell v. Borakove

225 A.D.2d 435 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1996

The Charter section in question, established by Local Laws, 1977, No. 102 of the City of New York, falls within the health and well-being provisions. … Thus, New York City Charter § 557 (g) qualifies as an exemption under the provisions of FOIL, specifically Public Officers Law § 87 (2) (a) (see, Matter of Assakaf v Arden, 210 AD2d 325 ; see also, Matter of Mullady v Bogard

People v. Johnston

186 A.D. 248 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1919

That is the only reason I will let it go to the jury. * * * It is clearly admissible, and that *257 is the only purpose for which I admit it. It is a question of fact for the jury. … And yet, the right thus to cross-examine a party offering himself as a witness is an established one.

People v. Marcus

235 A.D. 397 · Appellate Division of the Supreme Court of the State of New York · May 20, 1932

They say the prosecution failed to prove any crime and that neither moral turpitude nor evil intent was established. … It is not that if they reject the vote of a person duly qualified they may be convicted, but they must do it willfully, and that means with knowledge aforethought, and with a wicked design.

People v. Simmons

2022 NY Slip Op 00284 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2022

In any event, the remarks quoted by the People are too vague to establish that the legislature intended to include all sexually motivated felony offenses as registerable under SORA. … The Second Department held that the "the omission of a critical grammatical signpost or a parenthetical number preceding 'as a sexually motivated felony' [in subparagraph (iii) of section 168-a(2)(a)] clearly limits the qualifying

Faith Assembly v. Titledge of New York Abstract, LLC

106 A.D.3d 47 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2013

Moreover, the underwriting agreement clearly contemplates Titledge taking possession of escrow funds for a variety of purposes. … “A breach of fiduciary duty cause of action must be pleaded with the requisite particularity under CPLR 3016 (b)” (Parekh v Cain, 96 AD3d 812, 816 [2012]; see Palmetto Partners, L.P. v AJW Qualified Partners, LLC, 83 AD3d

People v. Adams

164 A.D.2d 546 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1991

The fact finder’s determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ). … Some two years after the judgment of conviction was rendered in this case, the defendant moved, pursuant to CPL 440.20, to vacate his sentence on the grounds that his Canadian conviction did not qualify as a predicate felony

New York Central & Hudson River Railroad

187 A.D. 131 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1919

They qualified as such executors and are adults and parties to this action. The evidence fairly establishes the fact that both Octavius 0. Cottle and Clayton L. Hill were large creditors of John J. P. … So that the relation of Read as vendor and the railway company as vendee was clearly established by that adjudication.