Case law

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.

People v. Ryan

121 A.D.2d 34 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1986

Burke eventually established an alibi for his whereabouts on the evening of Pius’ murder. . … A similar evidentiary request was made in Robert Brensic’s trial and following a Settles hearing (People v Settles, 46 NY2d 154 ) the court determined that Peter Quartararo’s statement qualified under the declaration against

James v. Libby, McNeil & Libby

92 N.Y.S. 1047 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 1905

The agreement was that, if a.claim was made that the sausages contained too much fat, the defendants were to make good, which clearly meant that they would be responsible for any loss sustained by the vendee in consequence … That evidence was controverted by the defendant, who endeavored to establish the fact that the sausages were properly manufactured, and did not have an excess of fat or moisture when delivered to the plaintiff’s assignor.

Ætna Casualty & Surety Co. v. O'Connor

8 A.D.2d 530 · Appellate Division of the Supreme Court of the State of New York · Aug 3, 1959

On this authority the Plan was established and was in effect when the policy issued to O’Connor pursuant to the terms and procedures of the Plan. … Clearly therefore the parties did not intend to use the word ‘ ‘ cancellation ’ ’ in any way as the equivalent of rescission.

People ex rel. Jerome v. Court of General Sessions of the Peace

112 A.D. 424 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1906

‘When' the verdict is contrary to law or clearly against evidence; “ 7. … The affidavits upon which the motion was made did not make a case upon which within the established rule a new trial could be granted.”

Gibbs v. Breed, Abbott & Morgan

271 A.D.2d 180 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 2000

Initially, the “solicitation” of one’s own partners to make a joint move simply does not qualify as a breach of fiduciary duty. … In affirming a denial of Moskovitz’s motion for summary judgment, the Court of Appeals articulated certain basic principles regarding which conduct is clearly proper and which is clearly improper in withdrawing from a law

Boreali v. Axelrod

130 A.D.2d 107 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1987

Clearly, the limited statutory enactment of a ban on smoking in public libraries, museums and theatres (Public Health Law art 13-E) and legislative rejection of various proposals to extend that prohibition in other public … The regulations under review qualify under all of the foregoing criteria.

People v. Cole

163 A.D. 292 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1914

part of His Being and had no real existence, and I told her that man was the image and likeness of God, and was entitled to dominion, and that his birth-right was dominion and that he had the right to affirm and secure immunity … Therefore this act for the first time clearly defines by statute the phrase, “ the practice of medicine. ” The definition is broad enough to cover the acts of the defendant, because he “holds himself out as being able to

Jacobs v. Northwestern Mutual Life Insurance

103 A.D.3d 78 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2012

Here, the plaintiffs disability insurance policies provide that, in order to qualify for disability benefits, the plaintiff is required to establish that he is totally disabled and no longer able to perform the functions … The most straightforward situations involving claims when the insured has both a factual and a legal disability are those in which one clearly precedes the other and precludes performance of the principal tasks of the occupation

Fisher v. City of Mechanicville

172 A.D. 426 · Appellate Division of the Supreme Court of the State of New York · May 3, 1916

. * It is then alleged that the council of said city did, upon the 29th day of June, 1915, duly appoint a city attorney and fix his salary, and that said attorney thereupon duly qualified and entered upon the duties of his … This is clearly indicated by the opinion of the court, and the action being brought against the city of Hew York, as the successor in liability to the village of Far Eockaway, w;as properly concluded in favor of *431 the

Colbert v. International Security Bureau, Inc.

79 A.D.2d 448 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 1981

which denied" the material allegations of the complaint and set forth the following four defenses: (1) failure to state a cause of action, (2) lack of personal jurisdiction over the answering defendants, (3) truth, and (4) qualified … The hearing minutes in the instant case clearly establish that plaintiffs’ attorney claimed that Schultheiss was a volunteer because he had not made a special appearance.

Jacobs v. Northwestern Mutual Life Insurance

103 A.D.3d 78 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2012

Here, the plaintiffs disability insurance policies provide that, in order to qualify for disability benefits, the plaintiff is required to establish that he is totally disabled and no longer able to perform the functions … The most straightforward situations involving claims when the insured has both a factual and a legal disability are those in which one clearly precedes the other and precludes performance of the principal tasks of the occupation

In re Northup's Will

87 N.Y.S. 318 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1904

The executor qualified, and ever since that time has been . acting as such. No accounting was ever had until the present proceeding. … It clearly appears that, in the service for which he was paid this sum, Breaznell was employéd by Stewart A.'

People v. Rao

53 A.D.2d 904 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 1976

Upon the argument of this appeal I stated that a reading of the Grand Jury minutes clearly established that this had been a "sloppy” presentation. … It was established to secure to the subject a right to appeal to his peers, under the immunity of secrecy and irresponsibility, before the government could bring him to trial.

Insurance Co. of State of Pennsylvania v. HSBC Bank USA

37 A.D.3d 251 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2007

Clearly, ICSP’s claim for money had and received could not have accrued any earlier than February 25, 1998. … This conclusion is amply supported by the well-established principle (which this Court has previously recog- *268 nized) that a bankruptcy court order approving a sale of estate property (see 11 USC § 363 [b])—clearly analogous

People v. Grout

174 A.D. 608 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1916

In that view and decision, that such proof could not be received to establish the falsification alleged in the indictment, I agree. … That the ultimate object to be attained by the perjury may be beneficent or indifferent in no way absolves or qualifies the criminality of the act.”

Doctors Council v. New York City Employees' Retirement System

127 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · May 5, 1987

This is because the statute upon which plaintiffs rely in their first cause of action clearly entitles them to the relief they seek as a matter of law. … employees, the Corporation Counsel set forth certain general guidelines to aid the Board of Estimate (the predecessor to the present NYCERS board of trustees) in determining what service could be classified as employment qualifying

Rockaway Park Improvement Co. v. City of New York

140 A.D. 160 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 1910

Two years later in the Dongan grant of 1686 to Jamaica this agreement and memorandum are recited, and the grant as described in the Hicolls patent confirmed, qualified by the line established by the towns. … This line, so clearly fixed by varieties of express statement, should not be disturbed by attempted interpretation. There is no ambiguity and construction is not required or proper.

Bernal v. Baptist Fresh Air Home Society

275 A.D.2d 88 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1949

But that case is clearly distinguishable on its facts from the case at bar. … So far as alleged common-law negligence is concerned, defendant did not claim immunity as a charitable organization. No actual notice of the allegedly defective condition of the duck-board in question was claimed.