Case law
Opinions from 1658 to today.
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4 A.D. 301 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1896
J., we thinlc was abundantly established by the evidence. … Wé think that this order was clearly within the .discretion of the ".«county' judge. Orders'affirmed, with costs and disbursements. All concurred. ■Orders affirmed, with costs and disbursements.
Cited 0 timesPublishedMatter of TBA Global, LLC v. Fidus Partners, LLC
132 A.D.3d 195 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2015
This language clearly indicates that the compensation to be paid Fidus was consideration for all of the services Fidus was to provide. … The transaction fee similarly does not qualify as a "finder's fee."
Cited 20 timesPublished43 A.D. 303 · Appellate Division of the Supreme Court of the State of New York · Sep 15, 1899
Under the provisions of such statute the duly qualified voters belonging to the Democratic party, .residing in the second district of the ninth ward of said ‘city, were entitled to vote for five delegates to each .of the … If -it should appear that a, paster of any kind or a mark of any kind Was put upon a ballot for the purpose of identifying -the same, clearly such ballot would fall within the prohibition.
Cited 2 timesPublished102 A.D.2d 193 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1984
The defense called appellant’s mother and father, his sister, his sister’s close friend, and his 14-year-old niece, in an effort to establish that appellant was home in bed on Sunday morning, October 19, 1980, when the crime … Thus, in any event, appellant clearly waived any objection to the introduction of such evidence and therefore the error, if any, has not been preserved for appeal.
Cited 4 timesPublishedPeople ex rel. City of New York v. Belt Line Railway Corp.
193 A.D. 92 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1920
Such plans had been prepared as far as the establishment of the grades for the new pavement, but further progress was deferred because of the subway work going on under said street. … I am unable to find in such general terms the expression of any legislative intention to confer upon any company operating a railroad in Fifty-ninth street immunity from duties and responsibilities which ordinarily attend
Cited 0 timesPublished275 A.D.2d 181 · Appellate Division of the Supreme Court of the State of New York · May 4, 1949
When the Legislature in 1897, added the qualifying words 1 ‘ but in no other ’ ’ to the enumerated grounds in section 313 of the Code of Criminal Procedure, upon which an indictment may be set aside on motion (L. 1897, ch … Pour grounds are urged by defendant to establish that the indictment was based on illegal and insufficient evidence: (1) that the Grand Jury improperly received proof of defendant’s prior crime; (2) that there was no direct
Cited 0 timesPublishedElmer W. Davis, Inc. v. Commissioner of Taxation & Finance
104 A.D.3d 50 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2012
We agree with the Tribunal’s decision insofar as it concluded that General Municipal Law- article 18-A, taken in its entirety, *55 clearly contemplates and speaks in terms of improvements to project facilities, i.e., real … Such a result — requiring established private developers to restrict their future customer base to only those business opportunities that are within an agency’s geographic location, or risk forgoing otherwise available financial
Cited 0 timesPublishedElmer W. Davis, Inc. v. Commissioner of Taxation & Finance
104 A.D.3d 50 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 2012
We agree with the Tribunal’s decision insofar as it concluded that General Municipal Law- article 18-A, taken in its entirety, *55 clearly contemplates and speaks in terms of improvements to project facilities, i.e., real … Such a result — requiring established private developers to restrict their future customer base to only those business opportunities that are within an agency’s geographic location, or risk forgoing otherwise available financial
Cited 0 timesPublishedChemical Bank & Trust Co. v. Streat
237 A.D. 441 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1933
The trust agreement itself is clear and unambiguous, and expresses beyond any question the settlor’s motive in creating the trust for his sister upon certain conditions therein clearly set forth. … Said committee duly qualified and, until the death of said Bertha Streat, performed their duties as such committee and received the income upon the individual property of the said incompetent, and which income amounted to
Cited 2 timesPublished2018 NY Slip Op 278 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2018
In type 1 diabetes, the body's immune system attacks the part of the pancreas that makes insulin. Type 2 diabetes was related to a person's weight. … I explained that to you previously, but here a party must establish their case by clear and convincing evidence.
Cited 0 timesPublished2023 NY Slip Op 02768 · Appellate Division of the Supreme Court of the State of New York · May 23, 2023
Jenerson, Office of Appellate Defender, New York (Sean Nuttall, Karena Rahall of counsel), and Clearly Gottlieb Steen & Hamilton, LLP, New York (Lev L. … A list of qualifying crimes is contained in Section 1101(a)(15)(U)(iii) of the Act.
Cited 0 timesPublished272 A.D.2d 297 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1947
The facts clearly indicate, and plaintiff admitted, that McCampbell dealt with Sportscloth Corporation only because of its confidence in Seager. … The fabric supplied was a new one, and McCampbell’s policy was to place it with converters who were best qualified by experience to convert and to sell and promote.
Cited 0 timesPublishedBiaca-Neto v. Boston Rd. II Hous. Dev. Fund Corp.
2019 NY Slip Op 6142 · Appellate Division of the Supreme Court of the State of New York · Aug 13, 2019
No evidence was submitted to establish that the scaffold was improperly constructed or that necessary safety devices were unavailable. … Doyne v Barry, Bette & Led Duke , 246 AD2d 756, 759 [3rd Dept 1998] [bar joists, which plaintiff was required to traverse, may qualify as an " elevated working surface'"]).
Cited 1 timesPublishedBiaca-Neto v. Boston Rd. II Hous. Dev. Fund Corp.
2019 NY Slip Op 6142 · Appellate Division of the Supreme Court of the State of New York · Aug 13, 2019
No evidence was submitted to establish that the scaffold was improperly constructed or that necessary safety devices were unavailable. … Doyne v Barry, Bette & Led Duke , 246 AD2d 756, 759 [3rd Dept 1998] [bar joists, which plaintiff was required to traverse, may qualify as an " elevated working surface'"]).
Cited 1 timesPublishedMatter of TCR Sports Broadcasting Holding, LLP v. WN Partner, LLC
153 A.D.3d 140 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 2017
relationship with a party” but fails to disclose it, “(a) reasonable person would have to conclude that (the) arbitrator who failed to disclose under such circumstances was partial to one side,” even where the award itself was not clearly … Thus, given the small pool of qualified arbitrators available, there would be no assurance that all potential conflicts or bias would be removed or that MASN and the Orioles would be satisfied with the RSDC’s successor and
Cited 5 timesPublished198 A.D. 205 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1921
The doubt is whether,going farther, it may wipe out the condition altogether, and transform a consent that was qualified into one that is absolute. * * * In deciding the Quinby case, we left that question open, as we leave … The opinion clearly intimated that such power did exist.”
Cited 3 timesPublished63 A.D.2d 11 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 1978
Plaintiffs motion papers allege that plaintiff is qualified as a proper representative of a duly constituted class and that she complies with the requisites of CPLR 901. … if the class action establishes the fraud.
Cited 30 timesPublished74 A.D.3d 697 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2010
Clearly, the archbishop’s intention is to divert some of the property to the archdiocese. … The parish was apparently named for the Diocese of Vilna, established in Lithuania in 1387.
Cited 1 timesPublished49 A.D.3d 160 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2007
Notably, although clearly not connected to one another, each of those witnesses implicated Creedon and/or Jerry Steuerman in the Tankleff murders. … The defendant did not establish entitlement to this relief.
Cited 47 timesPublished73 A.D.3d 103 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2010
NY County 2006]), this problem has begun to receive increasing attention. 2 New York, however, does not yet have a statute specifically addressing a situation in which a person takes unfair advantage of an individual who clearly … The record that was before the Supreme Court in this matter establishes that Nidia was aware of this lack of capacity.
Cited 23 timesPublished
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