Case law

Akasa Holdings, LLC v. 214 Lafayette House, LLC

2019 NY Slip Op 6447 · Appellate Division of the Supreme Court of the State of New York · Sep 3, 2019

Sav. & Loan , 190 AD2d at 645-646 [although the plaintiff's mortgage had been "indexed under an erroneous lot number," because "the existence of the mortgage lien was clearly recited in the deed conveying the encumbered property … We find it unnecessary to determine whether Carroll is qualified to offer an expert opinion in this matter, since it appears, as more fully discussed below, that Carroll and Beck substantially agree on the results that would

Matter of Save America's Clocks, Inc. v. City of New York

2017 NY Slip Op 8457 · Appellate Division of the Supreme Court of the State of New York · Nov 30, 2017

This language clearly gives the LPC authority to require the owner to run the clock by its still functioning mechanism and to deny the request to electrify it. … Footnote 16: Currently, there is only one mechanic in the City who appears qualified and available to maintain the mechanical operation of the clock.

People v. Madera

189 A.D.2d 462 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 1993

We must do so clearly and unambiguously. … This Court is not immune from the inconsistent application of De Bour (supra), Howard (supra), and Leung (supra), in flight cases.

Matter of Daesang Corp. v. NutraSweet Co.

2018 NY Slip Op 6331 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2018

Concerning the counterclaims for equitable rescission, the court found that "the Tribunal chose to disregard the well-established principle [invoked by NutraSweet during the arbitration] that a fraud claim can be based on … any error by the arbitrators in deciding this issue (and, again, we make no determination as to whether they in fact erred) was far from "obvious and capable of being readily and instantly perceived by the average person qualified

Greene v. Esplanade Venture Partnership

2019 NY Slip Op 3771 · Appellate Division of the Supreme Court of the State of New York · May 15, 2019

Although the defendant clearly owed a duty of care to the plaintiff's child, the Court refused to recognize a concurrent duty to bystanders who were not "directly involved in the accident" ( id. at 616 ), or to individuals … The commentary specifically indicates that a grandparent may qualify as a close family member ( see id. ).

In re Cohn

118 A.D.2d 15 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1986

Involved here were violations of an escrow, established by a court order which had set forth specific directions for composition of the fund. … The Finkelsteins were qualified, however, as relatives of the testator. . See, p 47, infra. .

Manocherian v. Lenox Hill Hospital

196 A.D.2d 728 · Appellate Division of the Supreme Court of the State of New York · Sep 21, 1993

No longer could he qualify for the benefits of rent stabilization, including the offer of a renewal lease, merely because a subtenant used the apartment as his primary residence. … The permanent deprivation of an owner’s right to reenter and select the next tenant clearly implicates the right to possess and use.

People v. Perez

142 A.D.3d 410 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 2016

Facts that come to light through the subsequent unraveling of events, or that are later established at trial, do not bear upon whether the initial stop was conducted in a constitutionally permissible manner. … Clearly, a different circumstance regarding police intrusion would have been present had this information [*7]been known before defendant was actually arrested.

Carinha v. Action Crane Corp.

58 A.D.2d 261 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1977

Such practice was apparently *272 followed because only qualified persons were permitted to operate the type of crane herein involved * * * Nor was there evidence indicating that [the lessor] had any control over the crane … Clearly, the "S. & S.” defendants were operating under the famous dictum of Dumas’ "Three Musketeers”—"One for all and all for one.”

In re the Probate of the Last Will & Testament of Eno

196 A.D. 131 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1921

This was clearly erroneous. The question of proponents’ counsel did not call for any personal transaction but merely for the fact of Mr. Eno’s presence. … Southack’s denial of one of these clearly improper collateral declarations tending to show that Southack had expressed by equivocal answer a doubt as to Mr.

Matter of Pastor

2017 NY Slip Op 6729 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2017

However, the plain language clearly contemplates such full indemnification. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. … Kemper established that it did not breach its warranty.

People v. Grasso

50 A.D.3d 535 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2008

With respect to his presentation to the Board, Langone repeatedly stated that the amount of Grasso’s CAP award was “give[n]” or “broke[n] . . . out” “very clearly.” … After all, both worksheets expressly stated the full value of Grasso’s proposed “Variable Compensation” and clearly noted that “Mr.

Connell v. Hayden

83 A.D.2d 30 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 1981

The defense in question is not an affirmative one and the plaintiff, in order to establish his right to recovery upon a theory of vicarious liability, will be obligated to prove that the wrongdoing which forms the basis of … The purpose of subdivision (a) of section 1505 was to clearly indicate that, by incorporating, a professional could *59 not insulate himself from personal liability to his clients for injuries sustained due to his own fault

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.

Kaufman v. Kaufman

2020 NY Slip Op 05732 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 2020

Fidelity brokerage account; (c) allowing each party to claim one child as a dependent on tax returns; (d) only the incremental cost of covering the parties' children on health insurance was to be an "add-on" expense; (e) Qualified … Here, interim support was established by an agreement between the parties, a fact which by itself militates strongly against such a credit.

CHIROPRACTIC ASSN. v. Hilleboe

31 Misc. 2d 554 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1961

I think I tried to qualify it but I was not allowed to. ‘ ‘ By the Assistant Attorney-General: I move to strike out ‘ I tried to qualify it, but was not allowed to. ’ “ The official referee: Read the next question and answer … It is a basic principle of biology, well established, that every cell comes from a pre-existing cell.

In re Yawger

61 N.Y.S. 1152 · Appellate Division of the Supreme Court of the State of New York · Nov 28, 1899

Privileges or immunities, and class legislation. … Establishment and enforcement of trust.

Young v. Equitable Life Assur. Society of United States

101 N.Y.S. 1150 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1906

Establishment, construction, and maintenance. … Probate, establishment, and annulment.