Case law

Hudson View Park Co. v. Town of Fishkill

2024 NY Slip Op 05332 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2024

Such language evidences that the MOU was clearly meant to commit the Town Board to a specific course of action with respect to the review process of the zoning petition. … Here the MOU, submitted by the defendants in support of the motion, utterly refutes the plaintiff's factual allegations and conclusively establishes a defense as a matter of law, as by its express terms the MOU violates the

Williams v. City of New York

66 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 2009

To qualify for the coverage afforded by the statute, a claimant must essentially establish three elements, which relate to time, location and activity. The first two elements are clearly defined by the statute. … Under well-established rules of statutory construction, each word of a statute is to be given effect (see McKinney’s Cons Laws of NY, Book 1, Statutes § 231; see also Matter of SIN, Inc. v Department of Fin. of City of N.Y

People v. Shaw

193 A.D.2d 390 · Appellate Division of the Supreme Court of the State of New York · May 6, 1993

Properly analyzed, the cases cited in the dissent either are clearly distinguishable, or support the legitimacy of the police action here. … "Beyond these situations, if the exchange occurs in an area rampant with narcotics activity, and is proven by competent evidence such as testimony of a qualified observer, an inference of probable cause may properly be drawn

Richter v. Buffalo Air Park, Inc.

125 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 1986

Evidence adduced at the hearing established that Richter’s certification by the FAA as an examiner qualified to give *810 written and flight examinations was used by salespersons for Air Park as a selling point to prospective … Clearly, this combination of factors is sufficient to support the Board’s conclusion that on the date of the fatal accident the relationship between Air Park and Richter was one of employment.

Jones v. Albany County Sheriff's Department

123 A.D.3d 1331 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014

Supreme Court denied plaintiff’s cross motion and granted defendants’ motion, finding that, as a matter of law, Curry was entitled to qualified immunity under Vehicle and Traffic Law § 1104 in that he was engaged in the emergency … This statutory qualified immunity “precludes the imposition of liability for otherwise privileged conduct except where the conduct rises to the level of recklessness” (Saarinen v Kerr, 84 NY2d 494, 497 [1994]; see Green v

Platt v. New York & Sea Beach Railway Co.

63 A.D. 401 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

He qualified on January 16, 1896, and took possession of the corporation and its. property on that day. … S. 603 ) the mortgage covered “ all rents, issues, income, tolls, profits, currency, moneys,” etc., but the court said (p. 617): “ It is clearly implied in these mortgages that the railroad company should hold possession

Clark-Fitzpatrick, Inc. v. Long Island Rail Road

124 A.D.2d 534 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

It now becomes necessary to determine whether such a public benefit corporation is so imbued with the identity of the State as to be considered an integral part thereof so that it qualifies for the exemption from the imposition … There is nothing in the record that establishes that these bonds were, in fact, issued or how much of the capital derived from any such issuance was allocated to the LIRE.

Fairport Storage & Ice Corp. v. Smith

280 A.D. 613 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1952

S. 434 ) chiefly relied on by petitioner, is clearly distinguishable on the facts. … S. 1 ) clearly supports the determination of the respondent here.

People v. Schwimmer

66 A.D.2d 91 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1978

Consequently, particular caution is required in establishing liability for conspiracy. … The language of the New York statute clearly establishes that New York has prohibited any defense premised upon the legal incapacity of a particular defendant’s coconspirators.

P. T. Wanderer Associates Inc. v. Talcott Communications Corp.

111 A.D.2d 55 · Appellate Division of the Supreme Court of the State of New York · May 14, 1985

Defendant responded by pointing out that the prior court had specifically *56 determined that plaintiff had not established a right to an order of attachment pursuant to CPLR 6201 (3), a finding which had been affirmed on … My review of this record clearly indicates that the defendant qualified solely to do business in this State so that it would be in a position to ward off an application for an order of attachment.

Meehan v. Nassau Community College

152 A.D.2d 313 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1989

Thereafter, the College established lists of adjunct faculty members whom it determined were academically qualified based upon criteria applicable to the day faculty. 2 Grievances were subsequently instituted on behalf of … of the agreement and by compiling lists of faculty members it deemed qualified to teach.

People v. Henderson

145 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1988

This objective was clearly achieved. Moreover, it is difficult to perceive how defendant was misled into believing he qualified as a predicate felon. … Nor did defendant otherwise establish a viable basis for vacating the plea.

Jones v. Albany County Sheriff's Department

123 A.D.3d 1331 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014

Supreme Court denied plaintiff’s cross motion and granted defendants’ motion, finding that, as a matter of law, Curry was entitled to qualified immunity under Vehicle and Traffic Law § 1104 in that he was engaged in the emergency … This statutory qualified immunity “precludes the imposition of liability for otherwise privileged conduct except where the conduct rises to the level of recklessness” (Saarinen v Kerr, 84 NY2d 494, 497 [1994]; see Green v

Nowack v. New York City Transit Authority

40 A.D.3d 510 · Appellate Division of the Supreme Court of the State of New York · May 29, 2007

Lippmann, J.), entered October 4, 2006, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for partial summary judgment to dismiss, on qualified immunity grounds, that branch of the complaint … twisting and undulating subway tunnels, an opinion corroborated in part by a 1982 National Transportation Safety Board study as well as by internal Transit Authority correspondence and memoranda included in that study, established

In re Huff

136 A.D. 297 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 1910

This is clearly insufficient as a statement that he knows those material facts to be true. (Hitner v. Boutilier, 67 Hun, 203 .) … Denial of appellant’s motion denied him the substantial right to immediate possession of the property and immunity from further vexation in an unauthorized proceeding.

People v. Grimes

289 A.D.2d 1072 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2001

The testimony concerning the photo identification established that defendant was not arrested and charged with the crime solely on the basis of the victim’s initial description of his assailant (cf., People v Cuiman, supra … Defendant failed to preserve for our review his further contention that the prosecution should have granted immunity to one of the two witnesses (see, CPL 50.20 [2]).

Casini v. Sea Gate Ass'n

262 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1999

Here, the Association satisfied its burden by producing affidavits and photographs which clearly and convincingly demonstrated that it surrounded the traffic island with a concrete curb, enclosed it with a low fence, and … In contrast, land which is held by a municipality in its proprietary capacity is not immune from adverse possession (see, City of Tonawanda v Ellicott Cr.

People v. Koutnik

44 A.D.2d 48 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1974

substantial compliance was shown in that case since the single wiretap was judicially supervised, section 813-a of the Code of Criminal Procedure had been fully complied with and probable cause for the challenged seizure clearly … S. 493 ), they contend that their waivers of immunity were invalid and that, as a consequence of so testifying, they received transactional immunity. Their first contention is correct; the second is not.

In re the Appointment of a Conservator of the Property of Noel

92 A.D.2d 1053 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1983

Noel, Sr., who is 84 years old, in failing health and a man of means, is clearly established; at issue is who should be designated. Petitioners, daughter and son-in-law of the conservatee, seek the appointment. … Hodgkins is amply qualified to perform the duties of conservator in co-operation with a bank which will act as custodian of the conservatee’s assets and provide investment advice.

National Bank of North America v. International Brotherhood of Electrical Workers Local No. 3

69 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 1979

The Board notes that the Internal Revenue Code has been similarly amended to require that a trust plan must provide that benefits may not be assigned or alienated for purposes of qualifying for the tax advantages available … Rather, appellant simply makes the sweeping claim that its compliance with CPLR 5205 invades the immunity supposedly given to it by Federal law from any regulation by the States.