Case law

Equitable Trust Co. v. Miller

197 A.D. 391 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1921

$336,373.32 for the benefit of his son, Athol Morton Miller, or his issue; and the third of securities of the par value of $600,000 for his own benefit for life with remainder on his death to the city of Duluth, Minn., to establish … It further contends that on principle and on authority the estate of the first life tenant is clearly entitled to the interest accrued at the time of his death under any one of the three possible constructions.

Kavanaugh v. Kavanaugh

2021 NY Slip Op 07352 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2021

Rather, to qualify as a party aggrieved under CPLR 5511, "[i]t must be shown that [such] party had some legal right or interest in the subject of the determination which was adversely affected thereby" (DeLong, 89 AD2d at … It is well established that a party lacks standing to seek the dismissal of claims not asserted against it (see Cox v NAP Constr.

Loughlin v. Meghji

2020 NY Slip Op 05196 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2020

Here, [*4]notwithstanding the plaintiff's inability to establish a nonspeculative basis for the imposition of significant compensatory damages, it is our view that the plaintiff substantially prevailed by establishing that … Thanks, Peter," does not clearly indicate that the defendant acknowledged and assented to any of the statements in the attached Workstream Overview document.

Ocorr & Rugg Co. v. City of Little Falls

77 A.D. 592 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1902

The members of the boards of education provided for by the Consolidated School Law are elected by the qualified voters of their respective districts, and can only be removed for neglect or malfeasance in office. … It is true it recited that it was made by such city by the persons, naming them, constituting the board of education, but clearly, upon its face, it was a contract between the city and Dove for the erection of the school

Parrott v. Coopers & Lybrand, L. L. P.

263 A.D.2d 316 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2000

This is best understood as a loss-allocating rule, similar to the charitable immunity statute at issue in Schultz and the guest motorist statutes analyzed in Tooker and Babcock . … Since plaintiff was a member of this clearly circumscribed group for whose benefit the periodic reports were prepared, it does not matter that his name was not mentioned to Coopers & Lybrand.

Reilly v. Steinhart

174 A.D. 265 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1916

After charging the jury on the subject of fraud the court charged that “ the burden is on the defendant to establish his defense, whether it is a defense regarding the existence of error, or a defense regarding fraud; ” and … The verdict under the charge was necessarily predicated on another finding of fact, which, if not contrary to the undisputed evidence, is clearly against the weight of the evidence.

Furniss v. Cruikshank

191 A.D. 450 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1920

Zimmerman has been admitted to probate, her executors have qualified as such, and said administrators of Sophia R. C. Furniss, deceased, and said executors of the will of Margaret E. … Y. 471 ), finally established the rule that in the absence of a clear direction in the will to the contrary trustees must amortize from the income of said bonds a fund sufficient to make good the encroachment upon the trust

Corbett v. St. Vincent's Industrial School

79 N.Y.S. 369 · Appellate Division of the Supreme Court of the State of New York · Jan 6, 1903

in the headnote as follows: “The duty devolves upon the 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.

Thoreson v. Penthouse International, Ltd.

179 A.D.2d 29 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1992

Clearly, plaintiff’s motivation in commencing this lawsuit was to recover for what she perceived to be a breach of her management contract. … Defendants countered with personnel from their publicity and promotional departments, as well as an attorney qualified as an expert in the field of entertainment law. .

Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal

2018 NY Slip Op 5797 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2018

This Court rejected the application of CPLR 213-a's four-year look back period "in light of the improper deregulations of the apartment and given that the record does not clearly establish the validity of the rent increase … Footnote 6: In New York City, multiple dwellings may qualify for tax incentives designed to encourage rehabilitation and improvements (see Administrative Code NY § 11-243 [formerly § J51-2.5]).

Great Canal Realty Corp. v. Seneca Insurance Company, Inc.

13 A.D.3d 227 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2004

The Court of Appeals has recognized that New York’s “no-prejudice” standard is an exception to the well-established principle of general contract law that a nonbreaching party must show that a breach was material, or that … In the absence of a definition from insurers, the Court of Appeals in 1979 concluded that the phrase “as soon as practicable” is an elastic one, and that “soon” is expressly qualified by the word “practicable.”

Faith Assembly v. Titledge of New York Abstract, LLC

106 A.D.3d 47 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2013

Moreover, the underwriting agreement clearly contemplates Titledge taking possession of escrow funds for a variety of purposes. … “A breach of fiduciary duty cause of action must be pleaded with the requisite particularity under CPLR 3016 (b)” (Parekh v Cain, 96 AD3d 812, 816 [2012]; see Palmetto Partners, L.P. v AJW Qualified Partners, LLC, 83 AD3d

Matter of Leonard St. Props. Group, Ltd. v. New York State Div. of Hous. & Community Renewal

2019 NY Slip Op 8165 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 2019

By a supplemental submission to DHCR dated February 16, 2010, the landlord, responding to the tenants' December 9, 2009 opposition to the application, now claimed that the application "is clearly premised upon the sudden … The New York City Loft Law therein directs that the landlord "must provide ... to residential occupants qualified for the protection of Article 7-C of" the Multiple Dwelling Law specified building services which are mandatory

Billings v. Albright

66 A.D. 239 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1901

It would seem equally clear that, although perchance unable or not qualified to do or perform those outward or overt acts, it would have been competent to show her protestation of love and affection for her husband, her solicitude … , however,, discloses the fact that the learned court was influenced to such conclusion by the fact that the letter was of such a character as to tend to prove the wrongful act of the defendant, for which purpose it was clearly

In re the Adoption of Doe

58 A.D.3d 186 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2008

The record also reflects that as the relationship developed, ERJ became increasingly involved with an orphanage she had established earlier that year in Cambodia. … The Surrogate stated, “At the time [the MOSAVY Letter and the SCN] were issued, the instant litigation was in full swing, and they were clearly sought for the purpose of influencing the outcome.

In re Eichner

73 A.D.2d 431 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1980

As a matter of established fact, such a patient has no health and, in the true sense, no life, for the State to protect. … He argues that nothing less than proof beyond a reasonable doubt will suffice to establish the appropriate medical criteria.

Aldrich v. Pattison

107 A.D.2d 258 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 1985

PROCEDURAL COMPLIANCE SEQRA and its implementing regulations establish a procedural framework designed to incorporate the consideration of environmental factors into the existing planning, review and decision-making process … According to ECL 8-0109 (2), an environmental impact statement should be clearly written in a concise manner capable of being read and understood by the public, should deal with specific significant environmental impacts

Federal Deposit Insurance v. Herald Square Fabrics Corp.

81 A.D.2d 168 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1981

Paragraph 2 of the dealer agreement established that Leonard’s liability on any note or instrument purchased by the bank would be determined solely by the agreement. … There was certainly a writing, and it clearly set *180 forth an agreement concerning the sale of identified subject matter, i.e., notes and instruments.

People v. Singh

197 A.D.3d 1332 · Appellate Division of the Supreme Court of the State of New York · Sep 29, 2021

Thus, a trial court need not charge a jury with respect to an accused's proffered defense of justification if no view of the evidence establishes the basic elements of the defense ( see id. at 301 ). … What the record evidence clearly shows in this case, and what the jury found, was that the defendant used a dangerous instrument against Gibson.

People v. Gutierrez-Lucero

103 A.D.3d 89 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 2012

Counsel added, “[h]e’s clearly not even in the country, as far as we know. He has a right to know this. We have no idea if [the defendant] even received notice in this case. … Legal Analysis A SORA proceeding “determines the risk of reoffense by a person convicted of a qualifying sex offense and requires that individual to register with law enforcement officials according to that risk level” (People