Case law

Wilson v. PBM, LLC

2021 NY Slip Op 00593 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2021

To this end, the parties, notwithstanding the continuing disagreement between them described below, establish the following system of mediation and arbitration applicable to all such claims, whenever they arise . . . . … Here, the mandatory arbitration clause "clearly and unmistakably" waives the plaintiff's right to proceed in a judicial forum.

Wilson v. PBM, LLC

2021 NY Slip Op 00593 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2021

To this end, the parties, notwithstanding the continuing disagreement between them described below, establish the following system of mediation and arbitration applicable to all such claims, whenever they arise . . . . … Here, the mandatory arbitration clause "clearly and unmistakably" waives the plaintiff's right to proceed in a judicial forum.

Migel v. Heller, Hirsh & Co.

151 A.D. 637 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1912

Heller, to qualify them to act as directors. It was further provided in the agreement of March 31, 1909, that G-ustave E. … Meadows and the Atlantic Fertilizer and Oil Company which recites that the company was about to purchase said property “ at the instance and request of said Meadows and with a view to establishing a fishing and fertilizer

Vulcan Detinning Co. v. Assmann

185 A.D. 399 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1918

will follow the well established rule referred to in the case of Lopez v. … How this difficulty was surmounted is not precisely stated by any witness or clearly shown by any exhibit.

People v. Chambers

125 A.D.2d 88 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1987

What seems to me apparent in this situation is that the House Committee Report effectively denies jurors the right to make precisely the kind of factual evaluation that jurors are qualified to make, and that it limits the … Under the rule favored by scholars, the statement would be admissible to establish that the deceased had gone to that place if that were relevant to an issue in the case, but would not be admissible to the extent to which

People v. Liebman

179 A.D.2d 245 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1992

There can be no question that the initial component of the defense was established by the present defendant. … It should be stressed that the issue in this case is not whether the defendant’s act of killing his wife was a reasonable response under the circumstances for, clearly, it was not.

Suffolk Outdoor Advertising Co. v. Hulse

56 A.D.2d 365 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1977

Clearly the cogent dissent by Judge Finch in Matter of Mid-State Adv. Corp. v Bond (274 NY 82, supra) has now become the prevailing viewpoint in New York. … Nor does the taking of such action by the town qualify as even a "colorable” State interest. Nor can the ordinance be upheld as an exercise of the police power.

Hughes v. Lenox Hill Hospital

226 A.D.2d 4 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1996

However, he also testified that when people ask him where he lives, he gives the Georgia address, without qualifying it as a temporary residence. … The question is not whether Matthew maintains a primary residence elsewhere, although the record clearly indicates that he does. The operative question is whether Matthew abandoned the premises.

Aristy-Farer v. State of New York

143 A.D.3d 101 · Appellate Division of the Supreme Court of the State of New York · Sep 8, 2016

Specifically, the State contends that its funding statutes did not establish a consitutional floor for education funding. … The Court clearly intended this number to serve as a floor for at least four years.

Consolidated Edison Co. of New York, Inc. v. Moore

277 A.D.2d 245 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1950

A deadline for both was established — April 1, 1952 (§ 15). … Burton, members of this board and they duly qualified and proceeded to act as such.

Forcelli v. Gelco Corp.

109 A.D.3d 244 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2013

. *249 The record clearly demonstrates that Greene, as a representative of the Gelco defendants’ insurer, was clothed with apparent authority to settle the case on behalf of the insured. … Courts have long recognized that traditional correspondence can qualify as an enforceable stipulation of settlement under CPLR 2104.

In re Gissette Angela P.

172 A.D.2d 117 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1991

Nor is it the case, as the majority implies, that the motion court’s findings on the issue of voluntariness are somehow immune from appellate review. … Clearly, it is entirely appropriate for an appellate court, when called upon, to review the record to determine whether, as a matter of law, the prosecution has met its considerable burden. (See, e.g., supra.)

Laidlaw v. Sage

2 A.D. 374 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1896

Identity may be established by circumstantial evidence, and the cases have gone so far as to hold that similarity of name is sufficient, to prove it. (Hatcher v. Rocheleau, 18 N. Y. 86 .) … The respective versions of the two parties were clearly put before the. jury, who believed Laidlaw.

Grumet v. Board of Education of Kiryas Joel Village School District

187 A.D.2d 16 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1992

Clearly, plaintiffs have raised a challenge to the validity of the statute as applied in the second amended complaint and the submissions on their motion for summary judgment. … That proposition, however, is clearly contested by the Village District and, thus, cannot properly form the basis for granting plaintiffs’ motion for summary judgment.

Matter of New York Taxi Workers Alliance v. New York City Taxi & Limousine Commission

2025 NY Slip Op 06551 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2025

However, a claim based on the number of drivers added to the road by virtue of the pilot program is clearly speculative at this juncture. … A CPLR article 78 petitioner challenging governmental agency action has the burden of establishing that it has standing to challenge that action; it satisfies that burden by establishing that it suffered an "injury in fact

Chase Manhattan Bank v. Akin, Gump, Strauss, Hauer & Feld L.L.P.

309 A.D.2d 173 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2003

It has long been established, however, that General Obligations Law § 15-108 does not apply to settlements agreed upon after there has been an adjudication of the liability of the settling tortfeasor to the injured party … the settling tortfeasor’s right of contribution against the nonsettling tortfeasor), the Court of Appeals explained: “The overall scheme and purpose of the section is to promote settlements in multiple-party tort cases by clearly

Rizzo v. New York State Division of Housing & Community Renewal

16 A.D.3d 72 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2005

Subsequent to the entry of that judgment, the tenant accumulated the requisite 20 years of occupancy to qualify him for protection from eviction and this Court reversed the Supreme Court, granted the petition and vacated … Clearly, restricting the scope of DHCR’s review to a financial schematic which, plainly, no longer exists, *89 would inure not to the benefit of the tenant, but would, quite probably, provide a windfall to the landlord, an

Rose v. State

29 A.D.2d 1003 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1968

Although the experts for both the claimants and the State used the term “salvage value”, the record clearly shows that the testimony reflected the experts’ opinions of the market value of the improvements concerning which … Where the facts establish a particular highest and best use, the so-called rules are relied upon to establish the monetary value for such use.

Ripley v. International Railways of Central America

8 A.D.2d 310 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1959

Primarily, it must be noted that the United States Court of Appeals, in that case, in affirming the dismissal did so on the ground of the absence of a qualified stockholder plaintiff, and expressly said it was unnecessary … In summary, we agree that plaintiffs clearly established a case of domination and control of IRCA by UFCo, which imposed upon UFCo a fiduciary obligation to treat fairly with IRCA.

In re Port Authority Trans-Hudson Corp.

27 A.D.2d 32 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1966

In the case before us it is clearly shown that HRT is inherently incapable of profitable operations. … New York law establishes a 4% rate. Four per cent should be applied to the award for the entire property wherever situated.