Case law

Randall v. Rothwax

161 A.D.2d 70 · Appellate Division of the Supreme Court of the State of New York · Sep 6, 1990

. *74 Notwithstanding the language of the Federal and State double jeopardy provisions which literally read would seem to constitute absolute bars to reprosecution, it is by now well established that a defendant whose judgment … Far from being necessary, such conduct is clearly contrary to the ends of public justice.

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

Taylor v. 72A Realty Assoc., L.P.

2017 NY Slip Op 4218 · Appellate Division of the Supreme Court of the State of New York · May 25, 2017

However, on the other hand, an Owner cannot use the lack of registration or misapprehension of the law as a sword to establish a rent that clearly bears no relation to the appropriate parameters of rent regulation. … We have recognized that at least by March 2012 the law clearly required the retroactive return of apartments like these to rent regulation ( Park at *3-4).

Westchester Rockland Newspapers, Inc. v. Mosczydlowski

58 A.D.2d 234 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1977

Nevertheless, respondents can find no comfort in the exemption of material prepared for litigation from the ambit of the Freedom of Information Law for the subject police report does not qualify as material prepared solely … As to other items or records which are specifically cited as subject to disclosure, only police blotter and booking entries (Public Officers Law, § 88, subd 1, par g) are clearly referable to the law enforcement records category

Torres v. City of New York

177 A.D.2d 97 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 1992

On the contrary, that rule had been established for many years. … This, in turn, would be clearly inconsistent with Supreme Court precedent.

Ratner v. McNeil-PPC, Inc.

91 A.D.3d 63 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 2011

Hence, where a plaintiffs qualified experts offer no novel test or technique, but intend to testify about a novel theory of causation, where such opinion is supported by generally accepted scientific methods, it is proper … Indeed, the authors found that “acetaminophen clearly has a remarkable safety record when taken as directed, and chronic treatment with 4 g daily has been confirmed to be safe.”

Barclay v. Barclay

172 A.D. 548 · Appellate Division of the Supreme Court of the State of New York · May 5, 1916

Only the plaintiff qualified and has acted. … Barclay was at the time of the organization of the corporation the owner of one-half of all the capital and assets of Barclay & Co., as well as one-half of the good will, trade name, etc., for it clearly appears that the

People v. Lloyd F.

2025 NY Slip Op 04583 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 2025

While each case must be assessed on its own unique facts and circumstances, we begin with the presumptions—clearly intended by the Legislature—that the vast majority of adolescent offender cases should be removed to Family … This limited criminal history does not establish that the defendant "is not amenable or would not benefit in any way from the heightened services in the family court" (Assembly tr at 39).

Agulnick v. Agulnick

2020 NY Slip Op 07335 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2020

Conduct that falls short of the statutory definition does not qualify as adultery. There is a dearth of decisional authority addressing summary judgment motions to establish or dismiss claims of adultery. … Clearly, R.L. was the family babysitter and, in that capacity, could be expected to be in the husband's presence on many occasions, including occasional overnight stays.

Verizon New York, Inc. v. New York State Public Service Commission

137 A.D.3d 66 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2016

Respondents’ reading is also linguistically awkward in its treatment of the words “subject enterprise” in the qualifying phrase. … As Supreme Court correctly observed, this language clearly expresses the Legislature’s view that, from its inception, Public Officers Law § 87 (2) (d) was meant to require a showing of substantial competitive injury only

DiDomenico v. C & S Aeromatik Supplies, Inc.

252 A.D.2d 41 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1998

Because UPS acted with knowledge, with persistence, without explanation or excuse, and in violation of two court orders, its behavior was clearly wilful. … In contrast to the newspaper and/or the journalists in the Oak Beach Inn case, the respondent on this appeal does not qualify for any special protection from the reach of CPLR *51 3126.

Matter of Mental Hygiene Legal Serv. v. Daniels

2017 NY Slip Op 8645 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2017

For all of the foregoing reasons, I conclude that petitioner has not clearly established ( see Bloomberg , 6 NY3d at 388 ) that BPC has "failed to perform a duty enjoined upon it by law" (CPLR 7803[1]), and therefore respectfully … More importantly, the attorney for MHLS clearly assailed the assistant attorney general's allegations as events that never took place.

Verizon New York, Inc. v. New York State Public Service Commission

137 A.D.3d 66 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2016

Respondents’ reading is also linguistically awkward in its treatment of the words “subject enterprise” in the qualifying phrase. … As Supreme Court correctly observed, this language clearly expresses the Legislature’s view that, from its inception, Public Officers Law § 87 (2) (d) was meant to require a showing of substantial competitive injury only

McIver-Morgan, Inc. v. Piaz

108 A.D.3d 47 · Appellate Division of the Supreme Court of the State of New York · May 9, 2013

A court may only disturb the award “when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator’s power” (Matter of New York State Correctional Officers … However, the evidence showed that the contract provided that “[d]esign services shall be performed by qualified architects, engineers and other professionals selected and paid by the Design/Builder” (id. at 536 [internal

Armour v. Sound Shore Front Improvement Co.

159 A.D. 213 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 1913

The facts in this case clearly entitle the plaintiffs -to a return of the sum claimed. It is a case of a plain mistake and one which must be deemed material.” Wilson v. Randall ( 67 N. … Other contemporaneous writings between the parties relating to the same subject-matter are admissible in evidence to explain or qualify the agreement before the court. * * * The contract of October 9, 1868, is, therefore,

Steiner v. Wenning

53 A.D.2d 437 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1976

Corp. v Dempsey’s Punch Bowl, 174 Misc 436 , affd 258 App Div 794 , affd 283 NY 601 ), was intended to grant a time immunity against suit greater than that granted to other experts involved in construction. … "Under the facts established, plaintiffs services in preparing plans and data were expressly authorized by the law; his services, consisting of supervision of construction, were not prohibited” (emphasis supplied).

East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.

189 A.D.2d 352 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1993

While there can be no dispute that there is an "emergency” with respect to housing for the homeless, the project herein does not qualify as one necessary on a "limited and temporary basis” within the meaning of the implementing … As noted by the Court of Appeals: "Actually, UDC’s powers stem from the State Constitution itself, article XVIII of which establishes the legislative power to create such an agency in order to alleviate the housing problem

Gernatt Asphalt Products, Inc. v. Town of Sardinia

208 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1995

In order to establish standing to sue in a CPLR article 78 proceeding, a petitioner must satisfy the two-pronged test set forth by the Court of Appeals, i.e., he must "show that the administrative action will in fact have … Consequently, in Matter of Mobil Oil Corp., the Court of Appeals specifically held that "[t]o qualify for standing to raise a SEQRA challenge, a party must demonstrate that it *149 will suffer an injury that is environmental

Rothschild v. Wise

92 N.Y.S. 1076 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1905

plaintiffs the executors and trustees under his will, which was admitted to probate by the surrogate of the county of New York, and letters testamentary thereon were issued to the plaintiffs, who subse *1078 quen’tly duly "qualified … The court, in speaking of the provisions of the will, said: “While the place where ‘Graves Home for the Aged’ is to be located is stated, and the general object of the charity is clearly given, namely, to pro *1080 vide a

Taylor v. New York & Harlem Railroad

27 A.D. 190 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

While the principle of the Story and the Lahr cases, therefore, must apply, the application is qualified by the essential .difference in the manner of the opening of the street, and the purposes for which it was permitted … Indeed it does not appear clearly how long a viaduct thus built had been in existence.