Case law

Knobloch v. Royal Globe Insurance

46 A.D.2d 278 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1974

by the plaintiff’s counsel to settle for the policy limits, stating (p. 485): “ We note that substantial evidence before the court revealed a multitude of circumstances which should have impelled Investors to energize a clearly … Needless to say, any such motivation would fail to qualify as a good faith reason for exposing the assured to a full recovery for the serious injuries which the defendant knew to exist. *300 Given what had transpired in this

Matter of Giuliani

146 N.Y.S.3d 266 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 2021

Geels' actual area of expertise or what qualifies him as such ( see Guide to NY Evid Rule 7.01, Opinion of Expert Witness). … Imminent threat to the public is established by this continuing pattern of respondent's offending conduct and behavior.

Campaign for Fiscal Equity, Inc. v. State

29 A.D.3d 175 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2006

the face of the Legislature’s proven inability to agree upon the level of appropriation it was willing to enact in order to comply with CFE II, the fact-finding ordered by the IAS court, and the exact finding made, was clearly … primary domain” (358 NC at 645, 599 SE2d at 395 ), the only remedial directive reversed by the court there was the order requiring the expansion of pre-kindergarten educational programs so that they would reach and serve all qualifying

Bowers v. Male

111 A.D. 209 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1906

The-proofs, in,my judgment, establish the fact. To swell the company’s assets was the very purpose for which that fund was raised. … It is not denied that a transaction falling within the condemnation of this rule may be accepted and ratified by the party entitled to avoid it, but the intention of the party to ratify the particular transaction must be clearly

Pines v. State

115 A.D.3d 80 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2014

of Appeals cited this factor during the course of its analysis, stating that the appropriation “was explicitly made contingent upon the adoption of additional legislation,” and that there would have been no need for the qualifying … Where, as here, the legislature has clearly manifested its intent in enacting legislation, it is the duty of the courts to give effect to that intent, not to disregard it. III.

Ackerman v. Price Waterhouse

252 A.D.2d 179 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1998

Choice of Law Issues Our choice of law rules with respect to tort and contract cases are firmly established. … This obligation to disclose and this withholding of a material fact establish the requisite element of causation in fact.”

Gessin v. Throne-Holst

134 A.D.3d 31 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 2015

Among other things, the plaintiffs maintained that the funds in the Trustees’ accounts were public funds, and that the Trustees had violated Town Law § 64 (1) by exclusively establishing and controlling the expenditures from … However, this contention overlooks the existence of the 1831 statute, in which the legislature clearly and unequivocally set forth the powers and duties of the Freeholders Trust (see L 1831, ch 283).

Neuner v. Weyant

63 A.D.2d 290 · Appellate Division of the Supreme Court of the State of New York · Aug 7, 1978

The new provisions of section 480-a of the Real Property Tax Law contain more stringent eligibility requirements (e.g., to qualify, one must now have at least 50 contiguous acres and *296 must commit his tract "to continued … The Governor’s memorandum further notes (p 397) that the legislation approved "clearly tightens the provisions of § 480-a”. (See, also, Memorandum of Senator Bernard C. Smith, NY Legis Ann, 1976, pp 346-347.)

Bovis Lend Lease LMB, Inc. v. Great American Insurance

53 A.D.3d 140 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 2008

Any person or organization qualifying as an insured under any policy of ‘underlying insurance’. … After all, United’s position is not based on a claim to be subrogated to J & A’s rights, but on the priority of coverage established by the terms of the relevant insurance policies. .

People v. Tohom

109 A.D.3d 253 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2013

The People argued that J qualified as a “special witness” under the Criminal Procedure Law, and that support for allowing Rose to be present with J while she testified could be found in Executive Law § 642-a, which allows … In opposition, the defendant argued, inter alia, that Rose’s presence would “clearly prejudice the jury against” him.

Matter of Kover

134 A.D.3d 64 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2015

While Burton was clearly involved in the representation of Dr. … "Justice Schlesinger clearly misunderstands or misrepresents . . . procedure . . . ."

People ex rel. Balcom v. Mosher

45 A.D. 68 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

additional clauses; but the instrument as. amended must be read as a whole, and as if every part had been adopted at the same time, and as one law, and effect must be given to every part of it, each clause explained and qualified … This language clearly, implies that it is not entirely practicable to fully determine them in that way.

American Intl. Specialty Lines Ins. Co. v. Allied Capital Corp.

2018 NY Slip Op 7194 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2018

In general, an arbitrator will be found to have exceeded his or her power only when the arbitrator has clearly exceeded a specifically enumerated limitation on his/her authority ( Matter of Kowaleski v New York State Depart … The original PFA which only resolved liability would not qualify as final under the separability doctrine.

Grello v. Daszykowski

58 A.D.2d 412 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 1977

Hosp. ( 47 AD2d 500, 505 , affd 39 NY2d 1026 ), "reflects the inescapable conclusion that the changes thus made in the law [allowing a qualified injured employee both to elect to take compensation and to pursue his third-party … The provision established by section 29 of the Workmen’s Compensation Law giving the compensation carrier a lien on any recovery received from a negligent third party not a fellow employee of the injured complainant was clearly

In re Francis S.

206 A.D.2d 4 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1994

Although the People cavil at the hearing court’s decision to qualify Dr. … Indeed, if such a substitution were permissible, the requirement of a psychiatric examiner’s affidavit could be dispensed with altogether, for clearly the affidavit of a qualified psychiatrist is not a necessary vehicle for

Lorisa Capital Corp. v. Gallo

119 A.D.2d 99 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1986

Lorisa additionally alleged that by agreement (apparently *104 with Gallo and clearly not with Melina Mentor) dated February 23, 1983, the three mortgages were consolidated to form a single lien on the property in the amount … This rule is qualified by statute to provide that a corporation retains a limited de jure existence for the purpose of winding up (Business Corporation Law § 1005 [a] [1]; § 1006).

Besser v. E. R. Squibb & Sons, Inc.

146 A.D.2d 107 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1989

(McKinney's Cons Laws of NY, Book 7B, CPLR 214-b, 1989 Pocket Part, at 327.) *117 The Agent Orange and Practice Commentary interpretation clearly governs the identical issue presented here. [5] Indeed, were CPLR 202 not to … As noted, the revival statute commences with the qualifying language that it will apply "[n]otwithstanding any other provision of law", and it then enumerates certain such other limiting provisions of law.

Matter of Sloane v. M.G.

2018 NY Slip Op 5800 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2018

As consistently held by the Court of Appeals, living wills and other written or oral evidence of treatment wishes will provide the basis for withdrawing or withholding life-sustaining measures if the instructions qualify … Footnote 10: Under the common law's traditional best interests analysis, treatment may be withdrawn where the burdens of treatment clearly outweigh any benefit to the patient.

Matter of Sloane v. M.G.

2018 NY Slip Op 5800 · Appellate Division of the Supreme Court of the State of New York · Aug 16, 2018

As consistently held by the Court of Appeals, living wills and other written or oral evidence of treatment wishes will provide the basis for withdrawing or withholding life-sustaining measures if the instructions qualify … Footnote 10: Under the common law's traditional best interests analysis, treatment may be withdrawn where the burdens of treatment clearly outweigh any benefit to the patient.

Keyspan Gas E. Corp. v. Munich Reins. Am., Inc.

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 language.