Case law

Nash v. Port Authority

51 A.D.3d 337 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2008

The precise share of defendant’s fault above the 50% ceiling established by CPLR 1601 is, in the present context, of no practical significance. … The OSP was staffed, at various times, by between 10 and 15 full-time, highly qualified Port Authority employees with impressive experience in law enforcement and other security-related fields.

Feinberg v. Boros

99 A.D.3d 219 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2012

This is clearly unworkable and, in the commercial context where certainty and stability are paramount concerns, would wreak havoc. … The majority’s approach makes little sense given our well-established rules for collateral estoppel.

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.”

Feinberg v. Boros

99 A.D.3d 219 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2012

This is clearly unworkable and, in the commercial context where certainty and stability are paramount concerns, would wreak havoc. … The majority’s approach makes little sense given our well-established rules for collateral estoppel.

CB v. Howard Sec.

2018 NY Slip Op 87 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 2018

Although the contract clearly provides that CB is an intended third-party beneficiary, there are issues of fact as to the benefits that CB is entitled to under the contract. … The duration of the incident must be determined to establish whether there was an opportunity to permit CB to enter the premises safely before the shooting.

Corbett v. St. Vincent's Industrial School

79 A.D. 334 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

in the head note as follows: “ The duty devolves upon a master, before putting a servant, known to him to be unskilled, in charge of dangerous machinery, with the operation of which he is not acquainted^ to instruct and qualify … Chapter 319 of the Laws of 1848, which was amended by chapter 446 of the Laws of 1883, under- which the defendant was incorporated, clearly indicates the purpose of defendant’s incorporation.

In re Anonymous

116 A.D.3d 62 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2014

Here, as in Wiesner , the record, including testimony by a former Supreme Court Justice and by a former Chair of the Second Department’s Grievance Committee, clearly and convincingly establishes that petitioner’s attitude … This testimony convincingly establishes that petitioner has now accepted personal responsibility for his past criminal conduct.

Bua v. Purcell & Ingrao, P.C.

99 A.D.3d 843 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2012

A motion to dismiss a complaint pursuant to CPLR 3211 (a) *845 (1) may be granted only if the documentary evidence submitted by the moving party utterly refutes the factual allegations of the complaint and conclusively establishes … The plaintiff alleges that the defendants should have taken additional steps to “clearly and unambiguously” terminate the contract of sale.

In re Anonymous

116 A.D.3d 62 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2014

Here, as in Wiesner , the record, including testimony by a former Supreme Court Justice and by a former Chair of the Second Department’s Grievance Committee, clearly and convincingly establishes that petitioner’s attitude … This testimony convincingly establishes that petitioner has now accepted personal responsibility for his past criminal conduct.

Rodriguez v. Triborough Bridge & Tunnel Authority

276 A.D.2d 769 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2000

Dresner, it cannot be said that the majority’s analysis that CPLR 4518 (c) mandates receipt into evidence those portions of a hospital record that have been shown to be so clearly incomplete and unreliable. … However, the Louisiana courts have qualified the general rule by stating that while the purpose is to save the proponent of the record the difficulty and expense of presenting foundation witnesses, the trial court retains

New York County Lawyers' Ass'n v. Bloomberg

95 A.D.3d 92 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2012

This is clearly a sea change, not merely a rational supplement to the original 1965 plan as found by the majority, and is proof alone that the City’s plan is not the 1965 Bar Plan. … Under the 1965 Bar Plan, each bar association submits a list of qualified attorneys to an administrator or administrators appointed by the First and Second Departments, and upon receipt of the list, the administrator prepares

Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.

143 A.D.3d 86 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2016

Clearly, the general justification for proration to the insured, i.e., encouraging the purchase of insurance to spread risk, does not hold when there is no insurance to be had. … As with the policies in Con Edison , the “all sums” policy language in the policies at bar is qualified by other *96 language.

People v. Callicut

101 A.D.3d 1256 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2012

Here, based upon the court’s inquiry of the witness — who was accompanied by counsel — outside the presence of the jury, there was no basis from which to conclude that the witness’s invocation of the privilege was “clearly … Defendant failed to preserve his further contention that the People should have granted immunity to this witness (see People v Grimes, 289 AD2d at 1073). .

In re Town of Hempstead

81 A.D.2d 591 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1981

Nevertheless, the record establishes that Malibu’s operation was a consistent financial failure. … Application of the summation method to the instant taking would reward Malibu for what the record clearly indicates was an improvident investment.

Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros.

101 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2012

Awal is a bank established by Al Sanea in Bahrain. … The Texas statute at issue provided that the defendant, as an agency of that state, enjoyed immunity from suit.

Stewart v. O'Dwyer

271 A.D.2d 485 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 1946

Section B3-41.0, entitled “ Safeguards on disability retirement ’ ’, is clearly for the protection of the retirement system in' cases where a pensioner 'retired for ordinary disability has a limited earning capacity. … Section B40-6.1 of the Administrative Code relates only to employees of the city restored from a preferred list established pursuant to section 31 of the Civil Service Law. ■ Section B40-6.1 was formerly Local Law 26 of the

McCallin v. Walsh

64 A.D.2d 46 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 1978

. *59 It is a well-established principle that a Legislature may, as a proper exercise of the police power, require building owners to make improvements essential to the reduction of fire hazards. … Clearly, this is not the test of an unconstitutional taking.

Sawtelle v. Waddell & Reed, Inc.

304 A.D.2d 103 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2003

“[A] court may infer that the arbitrators manifestly disregarded the law if it finds that the error made by [them] is so obvious that it would be instantly perceived by the average person qualified to serve as an arbitrator … Although, under a due process analysis, Gore established the constitutional limits on the imposition of punitive damages, Gore has been applied in cases where it is alleged merely that the damages are “grossly excessive”

People v. West

2018 NY Slip Op 7373 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 2018

being investigated by the Sheriff's Department and potentially prosecuted by the Warren County District Attorney's office — the same two entities that had, respectively, investigated and were now prosecuting defendant — was clearly … He also testified to his 10-year history in the FBI's boat program, his extensive boating experience and the fact that he had been qualified as a boating expert in three previous cases in which he had been called to testify

State v. Philip Morris Inc.

308 A.D.2d 57 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 2003

In addition, none of the class members has sought to appear and qualify to represent the class.” … The counties clearly do not want the lawyers appointed by Justice Ramos; they have told the nonparty respondents to stop acting on their behalf.