Case law

New York State Assn. for Affordable Hous. v. Council of the City of N.Y.

141 A.D.3d 208 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2016

Cases establish that where a local law frustrates the operation of state law, the local law must give way. … As those provisions illustrate, when the statutory scheme contemplates the assignment of authority to the City Council, it is clearly stated ( see e.g.

Elmaliach v. Bank of China Ltd.

110 A.D.3d 192 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 2013

Clearly outside the scope of “routine” banking services would be allegations that a bank knew or had reason to know that it was providing material support to terrorists, or that the bank was involved in, had knowledge of, … Plaintiffs make the intriguing but unpersuasive argument that if, as BOG argues, banks are entirely immune from liability to non-customers, then the purpose of any law addressing a bank’s duty of care to third parties would

In re the Estate of Prevratil

121 A.D.3d 137 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2014

Matter of Duke, 87 NY2d at 473 [“Removal of a fiduciary constitutes a judicial nullification of the testator’s choice and may only be decreed when the grounds set forth in the relevant statutes have been clearly established … Our courts have regularly recognized the importance of a testator’s choice of executor, acknowledging that it “should be given great deference and not disregarded unless that executor is not legally qualified to act as a

Callahan v. O'Rourke

110 A.D. 779 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1905

The continued use of the machine in the promotion 'of his own business interests, with knowledge of its imperfections, was an unequivocal act of acceptance which no words' of his own could qualify.” … They are offered to establish-a. transaction of. the"sort which men usually want to define with great care' and .put in written, form. • - ■ The talk to which Mr.

Louis v. Connecticut Mutual Life Insurance

58 A.D. 137 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

The learned trial judge in submitting this case to the jury imposed upon the •defendant the burden of establishing a fraudulent intent on the part •of the assured in procuring the policy instead of leaving it for the jury … We think it was clearly the duty of the trial court upon this evidence to have directed a verdict for the defendant.”

T.D. v. New York State Office of Mental Health

228 A.D.2d 95 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1996

procedures for the protection of children established in the Social Services Law and the Family Court Act. … The reference to experimental drugs or procedures is clearly a reference to their therapeutic use in treatment. .

In re the Probate of the Will of Conklin

14 A.D.2d 171 · Appellate Division of the Supreme Court of the State of New York · Aug 1, 1961

insistence, would ordinarily be treated as an especially significant indication of his intent; but that result would not follow if, in context, the language should be unintelligible or be found frustrative of an otherwise clearly … It is familiar and long-established law that, ‘1 Where there is an absolute gift of real or personal property, in order to qualify it, or to cut it down, the latter part of the will should show an equally clear intention

Matter of Town of Copake v. New York State Off. of Renewable Energy Siting

2023 NY Slip Op 02721 · Appellate Division of the Supreme Court of the State of New York · May 18, 2023

[FN2] When reading both 6 NYCRR 617.2 and 617.4 together, the promulgation of regulations is clearly not intended to be excluded from type I action designation. … Notably, this Court has determined that "comprehensive regulatory schemes relating to the siting of public utilities have been found to qualify as a 'general law' preempting local zoning ordinances" ( id. ; see Matter of

State ex rel. Harkavy v. Consilvio

34 A.D.3d 67 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2006

This clearly does not implicate any fundamental interest. … However, the memorandum clearly advises that any commitments under the policy are to be based on the well-established guidelines and standards of the Mental Hygiene Law.

People ex rel. Mexican Telegraph Co. v. State Tax Commission

219 A.D. 401 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1927

It appears clearly from relator’s Exhibit 4, paragraph 8, that the rental of the leased wires, approximately $8,300 a year (which entered into the item described as “ Rent of Pole Lines,” $18,946.63 for the year 1921 and … S.-): “ Not every person who uses his property or derives a profit, in his dealings with the government, may clothe himself with immunity from taxation on the theory that either he or his property is an instrumentality of

Alston v. Starrett City, Inc.

2018 NY Slip Op 2420 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2018

For those who qualify, LINC provides rental supplements or vouchers, usually paid by HRA directly to the landlord. The program also pays other costs such as moving expenses, security deposits and broker commissions. … Here, the effect of the LINC lease riders clearly and improperly expands City regulatory control to housing units not presently subject to that control.

JDS Dev. LLC v. Parkside Constr. Bldrs. Corp.

2024 NY Slip Op 04227 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 2024

The form "was developed to define clearly . . . the 'trigger' of the surety's obligation to perform," among other variables ( id. ). … to perform and complete the Construction Contract; or Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or Obtain bids or negotiated proposals from qualified

People v. Bissert

71 A.D. 118 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1902

Ho provision of that Code is pointed out which would qualify the rule. … But where such evidence is not consistent, abounds in contradictions and shows a disregard of the truth, clearly it cannot form the basis of a judgment establishing crime.”

Braddock v. Braddock

60 A.D.3d 84 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 2009

Only a waiver of that claim could extinguish it, and no such waiver is established by defendants. … No such intentional relinquishment by John of a known right of action is established by the record before us.

Palestine Monetary Authority v. Strachman

62 A.D.3d 213 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2009

Clearly, the word “transfer” in the injunction and state restraining notice is not used in the same way as in the term of art, “wire-fund transfer.” … Testimony at the August hearing established only the following: that the PIB opened its correspondent account with the BNY in 2001 and that the PMA opened its account with the PIB in 2003.

Matter of Christopher YY. v. Jessica ZZ.

2018 NY Slip Op 495 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 2018

However, this directive is qualified by an exception providing that "[n]o such test shall be ordered . . . upon a written [*3]finding by the court that it is not in the best interests of the child on the basis of res judicata … Footnote 15: Although Family Court's decision did not clearly make a best interests determination, the record is sufficient to permit this Court doing so ( compare Matter of Mario WW. v Kristin XX. , 149 AD3d at 1228).

New York Institute for Education of Blind v. United Federation of Teachers' Committee

83 A.D.2d 390 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1981

To qualify for such reimbursement, the Institute is required to justify its proposed and actual expenses to the commissioner. … Clearly, the Taylor Law definition of “public employer” is more specific than the National Board’s standard for exemption as a political subdivision under the National Labor Relations Act.

Morpheus Capital Advisors LLC v. UBS AG

105 A.D.3d 145 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2013

To accept MCA’s reasoning requires casting the SNB in a role it clearly does not play—that of broker. … To qualify under MCA’s theory of recovery, this Court would be required to accept the notion that the SNB “introduced” UBS AG to the StabFund. There are several deficiencies in this concept.

390 West End Associates v. Wildfoerster

241 A.D.2d 402 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1997

In my opinion, the evidence clearly establishes that respondent qualifies as a “family member” of the decedent, the tenant of record, such that respondent should be found to have acquired succession rights to the rent stabilized

Feigman v. Klepak

62 A.D.2d 816 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1978

That fact is insufficient to raise a triable issue; nor does it prima facie establish selective enforcement of the rules. … It does not (and indeed cannot be expected to) qualify as a methadone maintenance treatment program.