Case law

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

De'L. A. v. City of New York

2017 NY Slip Op 8897 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2017

However, since that manual is not in the record, JCCA has failed to establish that. In any event, there is no evidence in the record establishing that a JCCA employee ever advised Ms. … In this case, where all three criteria are satisfied, the causal connection is clearly severed.

AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A.

2018 NY Slip Op 928 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2018

5302), and therefore is not "conclusive" (CPLR 5303), because the formula it sets forth for calculating the bulk of the damages (for seven of the eight years at issue) uses a variable — the price of energy — that is not clearly … Moreover, we do not believe that such an extension of Abu Dhabi 's holding would be consistent with the decision itself, which expressly qualified its holding by stating that it applied "[u]nder these circumstances," referring

People v. Charles Schweinler Press

163 A.D. 620 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1914

The courts have gone very far in upholding legislative enactments, framed clearly for the welfare, comfort and health of the community, and that a *623 wide range in the exercise of the police power of the State should be … The bad effect of night work upon the individual seems to be the unanimous opinion of all those who are qualified to judge, *626 And that the practical effect of the lack of normal rest upon women is more pronounced than

Hauben v. Morris

255 A.D. 35 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1938

It was incorporated on February 16, 1914, and shortly thereafter qualified to do business in the State of New York. … The testimony establishes that Hartfield advised Morris at that time that if Markle’s holdings were not acquired it would mean a long and acrimonious litigation, injurious to Morris, Markle and the corporation and that he

People ex rel. Third Avenue Railroad v. State Board of Tax Commissioners

157 A.D. 731 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 1913

There is evidence, of no practical probative force, for it does not appear that the witness was qualified to speak on the subject, tending to show that the company held it for its future needs, and on that theory it claims … By these provisions, the Legislature clearly recognizes that such payments are in the nature of taxes.

Collier v. Postum Cereal Co.

149 A.D. 143 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1912

“During our present campaign against patent medicines, however, it is not possible for us to publish, in any advertisement, symptoms of heart trouble, stomach troubles, and nervous diseases, which are clearly subject for … If the article was not privileged, it was clearly libelous per se, for it charged Collier’s with having attacked defendant because it did not advertise in Collier’s on the conditions imposed, which was in effect a charge

Dunn v. Eickhoff

43 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1973

Adams’ continuance as plaintiffs’ trial counsel was not only clearly a violation of this court’s rules but also constituted the commission of a misdemeanor by him, since section 486 of the Judiciary Law, so far as relevant … It is, therefore, not a matter of penalizing anyone (other than the person guilty of the offense), but, rather, a matter of vindicating the dignity of the court and of an honorable profession that the rule has been established

Dudley v. API Indus., Inc.

2025 NY Slip Op 07379 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2025

The plaintiffs further contend that should this Court conclude that the private nuisance cause of action belongs only to an individual or a few, the defendant would, in effect, be permitted immunity from liability for its … Indeed, the Court of Appeals specifically chose to qualify "few" with the word "relatively," thereby inherently requiring consideration of the various factors presented in each distinct case, for example, not only the number

In re Jessica R.

163 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1990

Contrary to the penal aspect of criminal proceedings, the purpose of article 10 proceedings is to "establish procedures to help protect children from injury or mistreatment and to help safeguard their physical, mental and … Nonetheless, it clearly overrules prior case law.

Lippman v. Public Employment Relations Board

263 A.D.2d 891 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 1999

However, the hearing that respondent afforded to the UCS on its application to designate these employees as management/confidential was discretionary and was clearly not required by law (see, 4 NYCRR 201.10 [h] [the Director … Importantly, work that employees perform for a person who is managerial due to the formulation of policy does not qualify the employees for confidential designation (see, Matter of City of White Plains, 19 PERB ¶ 4005).

In re the Estate of Kummer

93 A.D.2d 135 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1983

The jurisdiction of the Surrogate’s Court to exercise its power over the property and affairs of infants is qualified in SCPA 1702, which states in relevant part: “§ 1702. … That provision clearly does not apply in this case since here it is conceded that the father had ample resources to pay for the care of the children.

Sport Rock International, Inc. v. American Casualty Co.

65 A.D.3d 12 · Appellate Division of the Supreme Court of the State of New York · May 12, 2009

The above-quoted “other insurance” clause of the Evanston policy does not qualify in any way “[t]he coverage afforded the insured under this Coverage Part” to which it applies. … As this Court also noted in Fieldston, the two policies at issue in that case also clearly covered different risks to the extent their respective periods of coverage did not overlap (see 61 AD3d at 191 -192 n 2; see also

WL, LLC v. Department of Economic Development

97 A.D.3d 24 · Appellate Division of the Supreme Court of the State of New York · May 3, 2012

program could retain its certification to participate in the program and remain eligible for its tax credits and benefits. 2 One such standard — the “1:1 benefit-cost test” — required an *27 entity, to be certified, to establish … Assoc., LLC v Empire Zone Designation Bd., 95 AD3d 1402 , 1405 [2012] [decided herewith]), the rationale of the Board in denying petitioner’s appeal is clearly based upon an application of 5 NYCRR 11.9 (c) (2) (see Matter

WL, LLC v. Department of Economic Development

97 A.D.3d 24 · Appellate Division of the Supreme Court of the State of New York · May 3, 2012

program could retain its certification to participate in the program and remain eligible for its tax credits and benefits. 2 One such standard — the “1:1 benefit-cost test” — required an *27 entity, to be certified, to establish … Assoc., LLC v Empire Zone Designation Bd., 95 AD3d 1402 , 1405 [2012] [decided herewith]), the rationale of the Board in denying petitioner’s appeal is clearly based upon an application of 5 NYCRR 11.9 (c) (2) (see Matter

Kickertz v. New York University

110 A.D.3d 268 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2013

policy restraints against judicial interference with the judgment of professional educators, but conclusory allegations . . . that a defendant maliciously and deceitfully interfered with the consummation of a contract[ ] are clearly … Supreme Court dismissed plaintiff’s discrimination claims because plaintiff did not show that she was “otherwise qualified” to graduate since she admittedly falsified patient treatment records and thereby violated the ethical

Kickertz v. New York University

110 A.D.3d 268 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2013

policy restraints against judicial interference with the judgment of professional educators, but conclusory allegations . . . that a defendant maliciously and deceitfully interfered with the consummation of a contract[ ] are clearly … Supreme Court dismissed plaintiff’s discrimination claims because plaintiff did not show that she was “otherwise qualified” to graduate since she admittedly falsified patient treatment records and thereby violated the ethical

City of New York v. Interborough Rapid Transit Co.

232 A.D. 233 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1931

of the local authorities, full power to provide for the maintenance, supervision and operation of railroads to be constructed at the expense of the city and to enter into a contract with any person, firm or corporation qualified … these rates; that the Legislature has not given it any of its sovereign power to regulate the rates; and that since all doubt should be resolved against the jurisdiction of regulatory tribunals and no such jurisdiction clearly

People v. Clermont

95 A.D.3d 1349 · Appellate Division of the Supreme Court of the State of New York · May 30, 2012

While a single error may qualify as ineffective assistance, it may only do so when the error is sufficiently egregious and prejudicial as to compromise a defendant’s right to a fair trial (see People v Caban, 5 NY3d 143, … The Supreme Court stated that the defendant dropped the weapon before the chase began even though the People’s sole witness clearly testified that the defendant allegedly threw the weapon after a significant period of police

Beadell v. Eros Mgt. Reality, LLC

2024 NY Slip Op 02496 · Appellate Division of the Supreme Court of the State of New York · May 7, 2024

Notably, this opinion was given by hotel staff, not a medical professional qualified to determine the risk of suicide ( see Gillern v Mahoney , 154 AD3d 438, 439 [1st Dept 2017] ["[a]ny opinions rendered about medical attention … Specifically, the record on appeal clearly shows, and plaintiffs acknowledge, that despite defendants' delay in calling the police, a period of at least thirty minutes elapsed from the time the police entered the hotel and