Case law

In re the Accounting of Syracuse Trust Co.

270 A.D. 712 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1946

Both qualified, Mrs. Wade as executrix and the trust company as executor and trustee. Letters testamentary were issued to them on April 7, 1930. … Scant as this record is — it does not even show the inventory and accounts — it seems fairly adequate to establish a basis for that decree.

Harrison v. New York Central Railroad

255 A.D. 183 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1938

adverse user of railroad property than would be required to establish adverse user of property devoted solely to private purposes. … That this was the theory of the plaintiffs and of the court is clearly shown by the record.

O'Neill v. New York University

97 A.D.3d 199 · Appellate Division of the Supreme Court of the State of New York · May 8, 2012

Corp., 24 NY2d 682, 685-686 [1969] [holding that once a fixed term contract is established, the burden shifts to the employer to show cause for dismissal]). … Thus, the challenged statements fall within the qualified privilege (Foster, 87 NY2d at 751 ).

City of New York v. Hudson & Manhattan Railroad

188 A.D. 294 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1919

The plaintiff invokes in its aid the police power; but that, as pointed out, is an attribute of sovereignty to be exercised only by the State, or the agents of the State, to which such power has been clearly delegated. … The power of the Legislature in respect to them is qualified by the Constitution alone. For ordinary and general transportation and traffic, the streets and highways are free and common to all citizens.

People v. Drayton

47 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1975

Baldwin established the rule that a jury trial is mandated if the sentence which may be imposed can exceed six months’ incarceration. The Y. … Surely if one is old enough to enjoy all the privileges and immunities of citizenship, as well as bearing the duties thereof, such a person is old enough to be amenable to the adult criminal justice system.

O'Neill v. New York University

97 A.D.3d 199 · Appellate Division of the Supreme Court of the State of New York · May 8, 2012

Corp., 24 NY2d 682, 685-686 [1969] [holding that once a fixed term contract is established, the burden shifts to the employer to show cause for dismissal]). … Thus, the challenged statements fall within the qualified privilege (Foster, 87 NY2d at 751 ).

Town of North Hempstead v. Incorporated Village of Westbury

182 A.D.2d 272 · Appellate Division of the Supreme Court of the State of New York · Aug 17, 1992

We believe that any interpretation which effectively defeats this purpose should not be condoned, unless it is clearly unavoidable. … While other paragraphs in the contracts make specific references to recyclable solid waste, article II uses the words "solid waste” without qualifying it with the word "recyclable”.

Vantage Petroleum v. Board of Assessment Review

91 A.D.2d 1037 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 1983

Although the intervention motion was unopposed, Special Term denied it on the ground that the Suffolk County Tax Act (L 1920, ch 311, § 3, as amd by L 1958, ch 95, L 1980, ch 837) renders school districts in Suffolk County immune … Realty Co. v Bandler, 233 NY 24, 30 ), its 1980 amendment to the Suffolk County Tax Act should not be construed as abrogating for Suffolk the general rule permitting intervention unless such an intention to abrogate has been clearly

Little v. Gallus

4 A.D. 569 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1896

.- It Appears that Gallus received only the ordinary wages of a boy engaged in ordinary" labor,- until he was ’made superintendent of the ribbon department, and. then only.such wages as one who had qualified himself for that … If the process and formulae are not clearly and definitely disclosed, how can the court ascertain whether there is any infringement ? How could it enforce an injunction upon such evidence ?

O'Connor v. Ginsberg

106 A.D.3d 1207 · Appellate Division of the Supreme Court of the State of New York · May 9, 2013

Specifically, the Commission explained that it had received information that petitioner had secured employment for Susan Bruno, the daughter of former State Senate Majority Leader Joseph Bruno, “for which she was not qualified … Conversely, to interpret the regulation as precluding investigation into new evidence, based solely on the fact that a NORC had been issued, would clearly impede the truth seeking function of the Commission.

Branic International Realty Corp. v. Pitt

106 A.D.3d 178 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2013

Thus, even if Pitt and Branic did not have an express or implied landlord-tenant relationship, Pitt nevertheless qualified as a “permanent tenant,” entitling him to the enumerated protections of the Rent Stabilization Code … Pitt’s status as a “permanent tenant” was established by his long-term resi *184 dence in the hotel, not by the agreement.

Rice v. Chapman

234 A.D. 279 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1932

The receiver thus appointed has duly qualified. Thereupon the four defendants made the motion resulting in the order appealed from to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice. … If plaintiff is able to establish the allegations of the complaint, a barefaced fraud will be revealed whereby the defendants, appellants, have -attempted to defeat the honest and just claims of creditors.

Voorhis v. Consolidated Rail Corp.

92 A.D.2d 501 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 1983

But in the very next paragraph (pp 302-303), the Riviello court was careful to qualify this statement, by continuing: “Thus formulated, the rule may appear deceptively simple but, because it depends largely on the facts and … For, while clearly intended to cover an act undertaken at the explicit direction of the employer, hardly a debatable proposition, it also encompasses the far more elastic idea of liability for ‘any act which can fairly and

O'Connor v. Ginsberg

106 A.D.3d 1207 · Appellate Division of the Supreme Court of the State of New York · May 9, 2013

Specifically, the Commission explained that it had received information that petitioner had secured employment for Susan Bruno, the daughter of former State Senate Majority Leader Joseph Bruno, “for which she was not qualified … Conversely, to interpret the regulation as precluding investigation into new evidence, based solely on the fact that a NORC had been issued, would clearly impede the truth seeking function of the Commission.

Sandra M. v. St. Luke's Roosevelt Hospital Center

33 A.D.3d 875 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 2006

Hospital was not negligent since it had the right to rely upon a warranty of United contained in the contract between United and the Hospital “that the personnel supplied pursuant to the contract would be appropriately qualified … Prior employment history clearly may have a bearing on future conduct and may be considered in conjunction with prior relevant criminal history in determining foreseeability (see Great Northern Ins.

In re the City of New York

17 A.D.2d 534 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1963

But, clearly, the fixing or limitation of a condemnation award on basis of market value depends upon a competent and realistic showing of such value, and I feel that the purport of the majority opinion, considered as a whole … potentialities; availability and demand for the lots for other suitable uses; sales, if any, of similarly comparable property; and, particularly, due regard should be given to the well-grounded appraisal estimates of duly qualified

Branic International Realty Corp. v. Pitt

106 A.D.3d 178 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 2013

Thus, even if Pitt and Branic did not have an express or implied landlord-tenant relationship, Pitt nevertheless qualified as a “permanent tenant,” entitling him to the enumerated protections of the Rent Stabilization Code … Pitt’s status as a “permanent tenant” was established by his long-term resi *184 dence in the hotel, not by the agreement.

In re the Accounting of Whiton

281 A.D. 470 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1953

The words ££ except as hereinafter stated ” relate to and qualify the words immediately preceding them, ££ to my following named cousins, or the survivor or survivors of them ”. … The ££ except ” clause colors the words of survivorship and clearly relates them to the time specified in the text of the exception ££ [t] hereinafter stated ”.

Fairly v. Fahey

79 A.D.2d 35 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1981

The regulations qualify the statutory bar by permitting legal services organizations to provide counsel in fee-generating cases as a matter of last resort if no other adequate private representation is available. … Such a patently contradictory result should not be permitted unless clearly intended by Congress.

Vailes v. D'Elia

77 A.D.2d 45 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 1980

In the case at bar, the two minor children receiving OASDI benefits were clearly not responsible for the support of their mother or sibling. … Therefore, since petitioner seeks not only prospective relief, but, also, retroactive relief to the date of the agency’s reduction of her ADC grant, the State commissioner’s qualified concession to petitioner’s challenge