Case law

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

Koulajian v. Smith

101 A.D.3d 498 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2012

and that the child herself, being two years old, could not be found negligent (see Verni v Johnson, 295 NY 436, 438 [1946]), while a parent cannot be held liable for lack of supervision of a child unless the accident was clearly … As the Rios Court explained, “[w]hether a particular object qualifies as a dangerous instrument depends on the nature of the instrument and the facts pertaining to its use, including the particular attributes of the minor

Koulajian v. Smith

101 A.D.3d 498 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2012

and that the child herself, being two years old, could not be found negligent (see Verni v Johnson, 295 NY 436, 438 [1946]), while a parent cannot be held liable for lack of supervision of a child unless the accident was clearly … As the Rios Court explained, “[w]hether a particular object qualifies as a dangerous instrument depends on the nature of the instrument and the facts pertaining to its use, including the particular attributes of the minor

Neponsit Holding Corp. v. Ansorge

215 A.D. 371 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1926

If there ever was a rule that mutuality of remedy existing, not merely at the time of the decree, but at the time of the formation of the contract, is a condition of equitable relief, it has been so qualified by exceptions … shall be treated as a conveyance of land, or as an executory contract for a conveyance depends upon the intention of the parties as gathered from all the language used, read in the light of all the circumstances; and here clearly

People v. Witherspoon

2022 NY Slip Op 05866 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2022

Here, it is undisputed that the defendant's 1990 conviction of attempted grand larceny in the third degree qualified as an "eligible offense" (CPL 160.59[1][a]). … Under well-established rules of statutory construction, we begin our analysis with the language of CPL 160.59, "because our primary consideration is to ascertain the legislature's intent, of which the text itself is generally

People v. Brown

2024 NY Slip Op 06550 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 2024

In addition to attempts to establish that the child had a basis to fabricate, counsel attempted to establish an alibi defense ( id. ). … "To be sufficient, clear and convincing evidence must establish that the claim asserted is 'highly probable.'

Republic Metalware Co. v. General Reinsurance Corp.

245 A.D. 232 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1935

The contract is in terms one of reinsurance between the plaintiff, which is recited in the contract to be a duly qualified self-insurer authorized under the Illinois and New York Workmen’s Compensation Acts to pay compensation … The rule is firmly established that a contract for reinsurance is primarily one of indemnity to the person or corporation reinsured and binds the reinsurer to pay to the reinsured the whole loss sustained by him whether or

Ranieri v. Ranieri

146 A.D.2d 34 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1989

When a church is established, they decide on the types of meetings they wish to have. We have no control over the way you conduct your church services. We recognize everyone’s belief. … In the case at bar, where the parties were married for only four months before the matrimonial action was commenced, and lived together for less then three months, the parties can clearly be. restored to their prenuptial

People ex rel. Gilon v. Coler

78 A.D. 248 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

omissions which are established. … Gilon, and that this continued until the appointment of an assistant cashier, after he was sufficiently qualified to serve, and that even during his appointment he frequently acted as cashier; that the system in vogue kept

Brady v. Williams Capital Group, L.P.

64 A.D.3d 127 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2009

If a party establishes that an adverse material inconsistency exists between the arbitration agreement and these rules, the arbitrator shall apply these rules.” … The AAA declined to appear, taking the position that arbitrators and arbitral organizations are immune from suits like this one.

White Plains Properties Corp. v. Tax Assesor

71 A.D.2d 677 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1979

Hotel Paramount Corp. v Chambers, which, in my view, is clearly applicable to the subject property. … Hotel Paramount Corp. which clearly fits the subject structure and the imposition as a condition of qualifying as a specialty that such a structure also fit one of the other definitions of a specialty to be found in Matter

Laurelton Estates, LLC v. Prince

2025 NY Slip Op 05226 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 2025

"The report of a referee should be confirmed whenever the findings are substantially supported by the record, and the referee has clearly defined the issues and resolved matters of credibility" ( Citimortgage, Inc. v Kidd … Here, there is no dispute that the property qualifies as "heirs property" under the statute ( see id. § 993[2][e][i], [ii], [iii], [iv][B]).

McNamara v. Board of Education of City School District

54 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1976

Contrary to respondent’s claim, petitioners’ employment records do not "clearly indicate” that family nursery school teachers were treated as being in a separate tenure area. … It is an established fact that, for administrative purposes, kindergarten is part of the elementary school. This bill recognizes this fact by defining elementary tenure area as kindergarten through.grade six.

Princeton Bank & Trust Co. v. Berley

57 A.D.2d 348 · Appellate Division of the Supreme Court of the State of New York · May 23, 1977

Errors of detail which are clearly not prejudicial and, as here, are minor, or are balanced by other details which correct them, should not have the devastating effect of invalidating the judgment. … Any other measures taken by the judgment creditor, no matter how diligent, on an absolute or comparative basis, do not suffice to qualify for priority.

Friedenburg v. New York State Department of Environmental Conservation

3 A.D.3d 86 · Appellate Division of the Supreme Court of the State of New York · Nov 24, 2003

The Court reiterated that the “statute [in Lucas] that ‘wholly eliminated the value’ [of the property interest] clearly qualified as a taking,” but the holding in Lucas was “limited to ‘the extraordinary circumstances when … VI Notwithstanding that the petitioners have not established a per se taking, they have demonstrated a taking using the balancing test of Penn Cent. Transp.

Brennan v. New York City Housing Authority

72 A.D.2d 410 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1980

That case clearly involved an article 78 proceeding to invalidate the actions of respondents therein, in relation to the "Model Cities *418 Program,” to provide residents of Model Cities areas with preferential treatment … Thereafter, each of them established residence outside of New York State in either of the neighboring States of New Jersey or Connecticut.

O'Brien v. O'Brien

115 A.D.3d 720 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2014

To prevail on a motion to punish for civil contempt pursuant to Judiciary Law § 753, based on a violation of a court order, the movant must “establish by clear and convincing evidence that a lawful court order clearly expressing … Filosa v Donnelly, 94 AD3d at 760), the purchase of a mailbox for $47, the refinishing of a stained-wood floor for $324, the cleaning of the home’s chimneys for $205, and the replacement of chimney caps for $150 did not qualify

Gersten v. 56 7th Avenue LLC

88 A.D.3d 189 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 2011

The City’s J-51 tax incentive program allows property owners who complete qualifying multiple dwelling improvements to receive tax exemptions and abatements for a period of years. … In addition, this Court found that the agency’s determinations of those issues were rational and completely in accord with well-established principles (id).

Amazon.com, LLC v. New York State Department of Taxation & Finance

81 A.D.3d 183 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2010

Clearly, Amazon’s program, reasonably, is not designed for the passive advertiser, but seeks growth by reliance upon repre *198 sentatives who will look to solicit business. … An advertisement in a newspaper is clearly not solicitation, as it is geared to the public at large.

O'Brien v. O'Brien

115 A.D.3d 720 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2014

To prevail on a motion to punish for civil contempt pursuant to Judiciary Law § 753, based on a violation of a court order, the movant must “establish by clear and convincing evidence that a lawful court order clearly expressing … Filosa v Donnelly, 94 AD3d at 760), the purchase of a mailbox for $47, the refinishing of a stained-wood floor for $324, the cleaning of the home’s chimneys for $205, and the replacement of chimney caps for $150 did not qualify