Case law

Nick's Brick Oven Pizza, Inc. v. Excelsior Insurance

61 A.D.3d 655 · Appellate Division of the Supreme Court of the State of New York · Apr 7, 2009

qualify as a temporary worker or whether the third-party must be a recruitment and placement consultant, employment referral agency, or similar service in order for the referred individual to qualify as a temporary worker … The policy also does not clearly define whether an individual who is hired to meet seasonal or short-term workload conditions must also be “furnished” to the insured in order to qualify as a temporary worker, or whether only

Patane v. City of New York

284 A.D.2d 513 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 2001

The instant case is clearly distinguishable from Camacho v City of New York ( 218 AD2d 725 ), upon which the City relies. … In Camacho, the evidence clearly established, as a matter of law, that the “raised portion of sidewalk” of which the City had received prior notice was not the same as the “hole * * * about three feet wide by about three

People v. Scalise

70 A.D.2d 346 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1979

The necessary elements to qualify a statement for admission into evidence as a declaration against the maker’s penal interest have been enumerated as follows (People v Settles, 46 NY2d 154, 167 ): "[F]irst, the declarant … We are also of the view, upon examination of the record, that there is sufficient evidence, independent of the declaration itself, which establishes a reasonable possibility that the statement might be true.

Mare v. City of New York

112 A.D.3d 793 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2013

The City failed to meet its prima facie burden of establishing its entitlement to judgment as a matter of law. … “In the area of *794 traffic design engineering, a municipality will generally be accorded qualified immunity from liability arising out of its highway planning decisions” (Turturro v City of New York, 77 AD3d 732, 735 [2010

Villone v. Nassau County Civil Service Commission

16 A.D.3d 591 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 2005

In a proceeding pursuant to CPLR article 78 to review a determination of the Nassau County Civil Service Commission, dated August 7, 2002, which found that the petitioner was not *592 qualified, for the position of Head Custodian … Even excluding that experience, the proof clearly established that the petitioner had one year of experience in a position which, by the Commission’s own rules, entailed supervision of unskilled or semi-skilled personnel,

People v. Cromwell

2024 NY Slip Op 03934 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 2024

The People contended that because defendant was convicted of a felony in North Carolina for which she was required to register as a sex offender in that state, she qualifies for designation as a sexually violent offender … Here, defendant established that the People never disputed the nonviolent nature of the sex offense of which defendant was convicted in North Carolina and neither the Board nor the People requested that points be assessed

In re the Arbitration between New York State Office of Children & Family Services & Lanterman

62 A.D.3d 1109 · Appellate Division of the Supreme Court of the State of New York · May 14, 2009

We also find that provisions contained in the CBA do not establish that the parties intended to submit this issue to arbitration. … Moreover, there is nothing in the record that establishes that either the CBA or the Civil Service Law would authorize such a transfer.

People v. Didio

60 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1978

Nor is there any other judicial precedent or statutory mandate establishing such warning as a condition precedent to the indictment returned here. … and Hancock, Jr., J., who dissent and vote to affirm the order in the following memorandum: Defendant’s answers do not demonstrate the willful and deliberate conduct "contrary to the plain directive of the court” which "clearly

In re Todd D.

288 A.D.2d 740 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2001

In September 2000, his probation officer filed a violation petition accusing respondent of two incidents of stealing, violating his curfew, refusing to attend school, and refusing to get a required immunization. … Here, the probation officer’s allegations, while appearing to have been made on personal knowledge, are clearly hearsay, a fact which is not presently disputed by petitioner.

Consolidated Edison Co. of New York, Inc. v. Public Service Commission

98 A.D.2d 377 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1983

These rules, in 1980, were promulgated by FERC (18 CFR part 292) and they established the rate for the purchase of electricity from Federal qualifying facilities at the avoided cost (18 CFR 292.304 [b] [2]), the statutory … As noted, Congress clearly intended that States follow FERC rules and that avoided cost be the maximum purchase price.

People v. Caruso

125 A.D.2d 403 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1986

The record clearly established that the defendant was given an adequate opportunity to confer with counsel before signing a waiver of immunity, and that he availed himself of that opportunity.

Beare v. Byrne

103 A.D.2d 814 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1984

It expressed Byrne’s concern that the college’s retention of Beare would be in violation of affirmative action laws because, as an alien, Beare was depriving qualified Americans of a job. … The court’s decision stated that all acts after February 1, 1978 “were undeniably within the scope of authority granted by the [commission]”, and thus Byrne was protected by an *815 absolute immunity.

Downey v. Low

22 A.D. 460 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

If it be assumed that the evidence conclusively established that the chute was opened and left unguarded by the contractor, we do not think that that fact would relieve the defendant from liability. … The license obtained from the authorities was qualified. It was to build and maintain the chute, but subject to the condition that the chute should be properly "guarded and protected.

Matter of Athena Y. (Ashleigh Z.)

201 A.D.3d 113 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 2021

Pursuant to regulation, each child in foster care must receive a periodic medical examination that includes, among other things, "an assessment of immunization status and provision of immunizations as necessary" (18 NYCRR … However, the court must avoid "assum[ing] the role of a surrogate parent and establish[ing] as the objective criteria with which to evaluate a parent's decision its own judgment as to the exact method or degree of medical

Flynn v. Bates

67 A.D.2d 975 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1979

establishes that it was made for the purpose of qualifying for medical assistance.” … It is thus clearly indicated that the pressing test for eligibility is the availability of assets rather than those assets actually possessed (see Matter of Williams v Toia, supra).

May v. Bermel

20 A.D. 53 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1897

The words ‘ qualified voters,’ as used in the Constitution, must he taken to mean not those qualified and entitled to vote, but those qualified *58 and actually voting. … The case is clearly distinguishable from the present, statute.

People v. Lyons

106 A.D.2d 471 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1984

While the prosecutor claimed he was using this incident solely to impeach defendant’s credibility, several of his remarks were clearly and improperly aimed at establishing criminal propensity (People v Sandoval, 34 NY2d 371 … The effect of this testimony was compounded by placing the suspected accomplice on the witness stand when the prosecution knew it was not prepared to grant him immunity.

Schieffelin v. Komfort

163 A.D. 741 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 1914

(dissenting): Article 2, section 4, of the Constitution of the State of Hew York requires that “ Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established … Thus, section 1 of the same article, providing the qualifications which are required for voters, refers to the right of a qualified voter to vote at an election, not only for all officers that now are or hereafter may be

BDO Seidman LLP v. Strategic Resources Corp.

70 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Feb 23, 2010

This issue was clearly raised before the arbitration panel. … Thus, a different outcome in this contribution action would certainly destroy or impair rights or interests established by the arbitration award.

Bystrom v. Villard

175 A.D. 433 · Appellate Division of the Supreme Court of the State of New York · Dec 8, 1916

This he claims to be a complete defense to this action for damages, and the sole question in the case is whether or not this claim to immunity is valid under all the circumstances of the case. … If they did know, and misrepresented, then they are clearly liable for such fraud. If they did not know its condition, then they knew of such lack of knowledge on their own part.