Case law

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.

Walter J. Schloss Associates v. Arkwin Industries, Inc.

90 A.D.2d 149 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 1982

Nevertheless, it stated that (pp 830-831) “the exclusiveness of this remedy is qualified by a well-recognized exception where fraud and overreaching on the part of the majority may be involved or gross inequity may result … It extended it to cases, such as the one at bar, where the right was apparently not exercised but clearly available. .

In re Silkman

84 N.Y.S. 1025 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1903

contained in it, and each clause explained and qualified by every other (People ex rel. … “They spoke and acted according to the then established doctrines and principles, and in the ordinary language of the day, and no one misunderstood them.

Weiss v. Phillips

2017 NY Slip Op 8209 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2017

This is clearly inadequate under the best evidence rule to establish the contents of the settlement agreement. … Footnote 1: Phillips testified that he did so because he needed funds to renovate a property he owned at 8 West 130th Street, but he was unable to qualify for a mortgage.

Weiss v. Phillips

2017 NY Slip Op 8209 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2017

This is clearly inadequate under the best evidence rule to establish the contents of the settlement agreement. … Footnote 1: Phillips testified that he did so because he needed funds to renovate a property he owned at 8 West 130th Street, but he was unable to qualify for a mortgage.

In re Timmy S.

110 A.D.2d 18 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 1985

The evidence adduced at the revocation hearing established the fact that almost immediately after learning that their baby was afflicted with Down’s Syndrome, the natural parents agreed that they could not keep her. … While I do not purport to be qualified to pronounce one of the educational programs the more worthwhile in all respects or to declare that one set of parents is apodictically more competent to care for the emotional, medical

Hasenstab v. McGuire

178 A.D.2d 217 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 1991

Thus, petitioner was deprived of the opportunity to make effective use of his statutory right to an administrative appeal within the adjudicatory procedure established by section 812 (c) of the New York City Charter. … Civil Service Law § 50 (4) clearly provides otherwise.

Richman v. Consolidated Gas Co.

114 A.D. 216 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 1906

The Commissioners of Gas and Electricity were duly appointed, and they duly qualified and organized under the act. … S. 548 ), and each will proceed, in its own course, to a judgment establishing the right.

In re the City of New York

133 A.D. 321 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1909

It was adopted with reference to all the circumstances and equities of the case in the exercise of a sound ■ judgment by a referee who evidently had a thorough comprehension of the case and was eminently *330 '. qualified … It has been conclusively established by the report of the commissioners, approved by the court without question, that .the owners of the fee and of the private easements, -are entitled to a substantial sum :as just compensation

People ex rel. Gilon v. Coler

79 N.Y.S. 1085 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 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

People v. Mitchell

2024 NY Slip Op 03256 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2024

The DA's office, as a qualified agency entitled to access such information maintained pursuant to statute by DCJS, did not mention any pre-COC attempts to obtain the complainant's criminal history record from DCJS ( see Executive … In amending CPL 245.50 to require parties entitled to disclosure to notify their opponents of any known defects or deficiencies in a COC as soon as practicable, the legislature was clearly aiming to prevent parties—such as

Walker v. Shang

66 A.D.2d 6 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1979

Section 104-a is entitled "Transfer of property for the purpose of qualifying for assistance; presumption.” Section 104-b is entitled "Liens for public assistance and care on claims and suits for personal injuries.” … The public works program was established by chapter 926 of the Laws of 1942. Section 1, of that chapter, as enacted, provided: "Legislative intent.

Matter of Peyton v. New York City Bd. of Stds. & Appeals

2018 NY Slip Op 6870 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2018

In June 2007, Owner, or its affiliate, obtained a permit from DOB to construct 808 Columbus, a 29-story apartment tower, with two single-story attached wings to accommodate commercial establishments. … Thus, the open space requirements would not be met if the 42,500-square-foot rooftop space of 808 Columbus did not qualify as open space.

People v. Kenyon

108 A.D.3d 933 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2013

Nor are we persuaded that the People failed to prove — beyond a reasonable doubt — that defendant qualified as a persistent felony offender within the meaning of Penal Law § 70.10 (1) (see CPL 400.20 [5]). … of conviction documenting defendant’s conviction of vehicular manslaughter in the second degree in 1991, driving while intoxicated as a felony in 1996 and attempted robbery in the first degree in 1997 were sufficient to establish

Zucker v. Whitridge

143 A.D. 191 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1911

The facts of this case, fairly stated and considered in the light of the inferences most favorable to the plaintiffs, do not so clearly establish the contributory negligence of plaintiffs’ intestate as to remove the question … As the court said in conclusion : “ We would hardly feel inclined to reverse this judgment for this error” (referring to the receipt of evidence as to the speed of a train by persons not qualified to testify thereto,) “ but

Brinkley v. Casablancas

80 A.D.2d 428 · Appellate Division of the Supreme Court of the State of New York · May 14, 1981

advertising purposes or for the purposes of trade.” 4 Since its purpose “is remedial and rooted in popular resentment at the refusal of the courts to grant recognition to the newly expounded right of an individual to be immune … Enterprises v Urban Systems ( 72 Misc 2d 788, 790 , mod on other grounds 42 AD2d 544 ), a right of privacy cause of action was upheld despite the plaintiff’s failure to allege injury to his feelings: “The instant action is quite clearly

People v. Bierenbaum

301 A.D.2d 119 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 2002

Beyond that, the proof also clearly shows how he went about it, that she did not kill herself, nor that any boyfriend or drug dealer killed her. … Based on what he said at trial, the interval could have been as long as 24 hours, hardly a typical time span to qualify as an “excited utterance.”

Long Island Pine Barrens Society, Inc. v. Planning Board

178 A.D.2d 18 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1992

At the very least, ECL article 55 qualifies as the announcement of a "governmental * * * policy”. … We decline to construe the many legislative findings and statutes, all of which were clearly intended to foster the careful stewardship and preservation of the Pine Barrens, as something less than a "plan” within the meaning

People v. Perry

27 A.D.2d 154 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1967

The section further establishes a maximum compensation of $1,500 for the defense of a crime punishable by death ($2,000 if more than one attorney is assigned); $500 for the defense of one or more felonies; and $300 for the … On its face, however, the application clearly is not one which commends itself to additional compensation because of ‘ ‘ extraordinary circumstances. ’ ’ In United States v. Owens ( 256 F. Supp. 861 [W. D.

People v. Safian

59 A.D.2d 20 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1977

In the Miner confession he clearly states that he was hired by the appellant to kill the deceased and he goes into all of the gory details of the deal. … When a conspiracy has been established, the admissions of each co-conspirator made or done in the course and furtherance of the conspiracy are admissible against the others.