Case law

People v. First American Corp.

76 A.D.2d 68 · Appellate Division of the Supreme Court of the State of New York · Jun 8, 2010

[by] *74 establishing] a system of uniform national real estate appraisal standards. … This presumption can be reversed only if the law can clearly be shown to fit within the confines of paragraph (c). For these purposes, paragraph (c) is intended to be interpreted narrowly.

Matter of James v. Fariña

2019 NY Slip Op 1729 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2019

Clearly, this judicial summary inquiry will not have Supreme Court encroach on or supplant the State's power to control educational affairs [FN6] . … First, the majority finds that, in order to qualify for a summary inquiry, the "neglect of duty" alleged must be subject to disciplinary action or more serious sanction.

Greater New York Taxi Ass'n v. New York City Taxi & Limousine Commission

121 A.D.3d 21 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2014

Although the Charter’s directions included establishing standards and specifications, the agency was not limited to establishing standards and specifications. … Importantly, here, unlike the situation in both Boreali and Coalition of Hispanic Chambers of Commerce, the legislature had clearly articulated its policy regarding the TLC’s assigned task, namely, the goal of ensuring and

Greater New York Taxi Ass'n v. New York City Taxi & Limousine Commission

121 A.D.3d 21 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2014

Although the Charter’s directions included establishing standards and specifications, the agency was not limited to establishing standards and specifications. … Importantly, here, unlike the situation in both Boreali and Coalition of Hispanic Chambers of Commerce, the legislature had clearly articulated its policy regarding the TLC’s assigned task, namely, the goal of ensuring and

In re the Hearing on Motion of the Commission

220 A.D. 80 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1927

As stated before, the provisions of the act clearly indicate that it was not intended to apply to all grade crossings regardless of conditions. … S. 394 , is qualified by the provisions of the Transportation Act.” The appellant also finds balm in a dictum of Judge Pound, in McAneny v. N. Y. C. R. R. Co. ( 238 N.

Harway Improvement Co. v. Partridge

203 A.D. 174 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 1922

The premises however having beene duely considered, it is thought fitting to qualify both partyes and the Governr and Councill doe order and declare that there shall bee assigned and made over unto Gravesend two third part … I think the plaintiff established title to the upland.

People v. Watson

141 A.D.3d 23 · Appellate Division of the Supreme Court of the State of New York · May 10, 2016

After inquiry was made of Hewitt regarding his encounters with the police, an unnamed juror stated, "You know, the stop and frisk policy, that happens to me every day, five days out of the week," but qualified that "that's … Hewitt, clearly he's had such experiences himself with being harassed himself, and Prosser — "MR. MARAYNES [the prosecutor]: Also just to add to my record, Mr.

Stock v. Schnader Harrison Segal & Lewis LLP

142 A.D.3d 210 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 2016

Clearly then, the rights of the beneficiaries would have been the foremost consideration in Mr. Porter’s consultations and communications with his legal advisers. … In this regard, it should be borne in mind that the attorney-client privilege “applies only to confidential communications with counsel (see, CLPR 4503), it does not immunize the underlying factual information . . . from

Elmaliach v. Bank of China Ltd.

110 A.D.3d 192 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 2013

Clearly outside the scope of “routine” banking services would be allegations that a bank knew or had reason to know that it was providing material support to terrorists, or that the bank was involved in, had knowledge of, … Plaintiffs make the intriguing but unpersuasive argument that if, as BOG argues, banks are entirely immune from liability to non-customers, then the purpose of any law addressing a bank’s duty of care to third parties would

New York City Council v. City of New York

4 A.D.3d 85 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2004

Although the parties cannot agree on the correct definition of “real property” under the City Charter, 2 the conflict is irrelevant in this instance because, under well-established principles of property law, there was no … In support of their interpretation, petitioners submitted a series of engineering maps titled “Plans and Profiles,” 4 which petitioners contend were made part of the City Map by the 1928 Act, and which clearly depict the

People v. Jones

81 A.D.2d 22 · Appellate Division of the Supreme Court of the State of New York · May 26, 1981

Moreover, it is important to note that the mere fact that an alleged assignment of error may implicate or concern the venerated provisions of the Federal Bill of Rights does not alone render it immune from the need and requirement … The instant case ■ involves both of these aspects, but clearly it is the second which is the more significant.

Roosevelt Islanders for Responsible Southtown Development v. Roosevelt Island Operating Corp.

291 A.D.2d 40 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2001

RIRSD, however, proffered the additional argument that a majority of RIOC’s directors had not voted for the September 22, 1999 resolution, or that there was not a quorum of qualified voters at the meeting. … The court, in addressing the merits of RIRSD’s petition, determined that RIOC had established that a sufficient number of Board members had approved the September 22, 1999 resolution.

Gloria S. v. Richard B.

80 A.D.2d 72 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1981

And yet, the facts concerning this removal were clearly in dispute. … (supra), of the Meredith rule establishing the prima facie right to the custody of an illegitimate child in its mother.

In re the Judicial Settlement of the Account of Meng

188 A.D. 69 · Appellate Division of the Supreme Court of the State of New York · May 2, 1919

This refers very clearly to section 98 of the Decedent Estate Law (Consol. … The validity of contingent fee contracts has been long established. In Morehouse v. Brooklyn Heights R. R. Co. ( 185 N.

Westchester Fire Ins. Co. v. Schorsch

2020 NY Slip Op 4627 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2020

The authority to establish a post-confirmation litigation trust or estate representative to pursue causes of action is found in Section 1123(b)(3)(B) of the Bankruptcy Code. … Significantly, in determining whether, as the appointed party, the Creditor Trust's responsibilities qualified as a representative of the estate, the bankruptcy court's primary concern was whether a successful recovery by

Westchester Fire Ins. Co. v. Schorsch

2020 NY Slip Op 04627 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2020

The authority to establish a post-confirmation litigation trust or estate representative to pursue causes of action is found in Section 1123(b)(3)(B) of the Bankruptcy Code. … Significantly, in determining whether, as the appointed party, the Creditor Trust's responsibilities qualified as a representative of the estate, the bankruptcy court's primary concern was whether a successful recovery by

Blaustein v. Pan American Petroleum & Transport Co.

263 A.D. 97 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 1941

The accounting decreed is clearly erroneous. Crude Production. … Thereafter on March 12, 1933, Tappen, Pan Am’s general counsel, and Steinmann discussed whether a producing company should be formed in Texas or in Delaware and qualified in Texas.

O'Halloran v. Metropolitan Transportation Authority

154 A.D.3d 83 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2017

Moreover, this is clearly not a case fitting within the Buran rubric in which plaintiff’s counsel made a pleading error in the original complaint and now, more than three years after raising plaintiff’s original discrimination … Even viewed in the light most favorable to plaintiff, these allegations, without more, are insufficient to establish that defendants’ alleged discriminatory acts were motivated by animus against plaintiff’s sexual orientation

Torres v. Cergnul

146 A.D.3d 509 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2017

Accordingly, plaintiff has clearly raised an issue of fact as to whether she was offered an appropriate option. … Cergnul and Bronx-Lebanon established, prima facie, their entitlement to summary judgment by submitting the expert opinion of Shonda Corbett, M.D., which addressed plaintiff's allegations and established that the treatment

Reinisch v. Metropolitan Life Insurance

97 A.D.2d 135 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1983

The document forwarded to plaintiff’s decedent clearly states that the “[d]ate of [Germination” of his insurance was August 27,1981, the date he was “separated” from government service. … Clearly, both regulations are substantive rules of law, having no less pre-emptive effect than a Federal statute (see Fidelity Fed.