Case law

People v. Grimes

133 A.D.3d 1201 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2015

Contrary to defendant’s further contention, the police had probable cause to search his person inasmuch as “[t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience … The credibility determinations of the hearing court are entitled to great deference and will not be disturbed unless clearly unsupported by the record, which is not the case here (see People v Ponzo, 111 AD3d 1347, 1347 [

Matter of Buckle

2024 NY Slip Op 01988 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 2024

within the family circle, or their nominees, one who is qualified to serve" ( Matter of Chase , 264 AD2d 330, 331 [1st Dept 1999] [internal quotation marks omitted]). … Here, the evidence clearly established that the father's living circumstances were such that he was a not the proper person to be appointed J.C.'s guardian.

Beck v. Albany Medical Center Hospital

191 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1993

Contrary to plaintiff’s argument, defendants clearly established that Dansereau had personal knowledge of the dose and that he himself performed the preparation of technetium which was ultimately mislabeled by the student … Entries which are made in a hospital chart and are relevant to the treatment or diagnosis of the patient qualify for admission under the statutory business record rule (Davis v Robins Co., 99 AD2d 342, 347 ).

Berean v. Town of Lloyd

3 A.D.2d 585 · Appellate Division of the Supreme Court of the State of New York · May 8, 1957

In the days of sovereign irresponsibility a town was immune from liability in the performance of a governmental function, but that doctrine went by the board when the State waived its sovereign immunity as to tort liability … The Sewer District was established by the Town Board some time in 1937, so the complaint alleges, and the damage complained of was suffered in 1955.

Lee v. City of New York

162 A.D.2d 34 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 1990

Charles Hosp. ( 140 AD2d 403 , supra), was misplaced since that case is clearly distinguishable from the case at bar. … The facts in Bradley (supra) clearly established that an ongoing relationship existed between the deceased and the hospital and that she could have reasonably relied upon the results of her annual examination.

People v. Del-Debbio

244 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1997

The court clearly instructed the jury that the assault remained a single crime, consisting of a single course of conduct, composed of several acts, one or more of which had to be found unjustified (see, People v Charles, … Defendant failed to establish that two of the proffered experts were qualified to make their conclusions or that the conclusions were scientifically reliable (Matott v Ward, 48 NY2d 455 ) and the proffered testimony of the

Dizak v. State

124 A.D.2d 329 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1986

While the correction officer making the report, who also testified at trial, was justified in testifying as to his observations, there was no showing that he had the training and education to qualify him as an expert to render … Moreover, it appears from the testimony that the rendering of such an opinion was not a part of his duties and constituted opinion evidence by a lay witness on an issue to be decided by the trier of fact; as such, it was clearly

Samodwitz v. Karpe

80 A.D. 496 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

Of course, the entire statute is to be read and reconciled, and any general expression therein must be regarded as limited and qualified by the particular provisions of the statute. ( Wormser v. Brown, 149 N. … The contract (Ex. “ A”) is clearly a “ conditional sale ” and the title remains in plaintiff until the full amount called for by the contract is paid.

McCummings v. New York City Transit Authority

177 A.D.2d 24 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 1992

Defendant’s assertion of qualified immunity is also precluded as not having been preserved and even on the merits is without substance inasmuch as the Transit Authority could be liable under the doctrine of respondeat superior … While the courts do establish constitutional standards, it is the jury which determines if the particular conduct in dispute comported with these standards.

Cardinal v. State

279 A.D. 326 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1952

It was also established that good practice required that the supply tank of ammonia be removed before the work begin. … In the form selected for presentation of the *333 claim in a court, the assured had full immunity from direct relief to the injured employees against him and all compensation policies are written with that kind of immunity

Garber v. Central School District Number One

251 A.D. 214 · Appellate Division of the Supreme Court of the State of New York · May 12, 1937

The very reason for the careful selection of persons qualified by experience and judgment, for such duties, is to prevent the kind of accident involved here. … And clearly there was a question of fact for the jury, both at common law and under the statute, whether on the evidence the board had met its duty to provide rules and regulations for the establishment of order and discipline

DeFeo v. Chadsey

254 A.D. 441 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 1938

The trial court set aside the verdict of the jury on this question, with the statement the appellant had utterly failed to establish by his evidence that by experience or training of any kind he possessed the qualifications … But as appellant showed clearly that he was entitled to be placed in the position of overseer of the county almshouse as the jury found, the orders appealed from should be reversed as to such position, the verdict with respect

People v. Slaughter

34 A.D.2d 50 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1970

A psychiatrist who, as defendant’s counsel stipulated, was eminently qualified and had been Chief Psychiatrist at the E. J. … Liss, 9 N Y 2d 999), does not immunize him from criminal responsibility under section 1120 of the Penal Law. ’ ’ (People v. Wood, 12 N Y 2d 69, 77.)

Schoeffer v. United Parcel Service of New York, Inc.

277 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Dec 19, 1950

The $3,000 limitation of liability clearly applied to any loss occurring while Morris or someone in his employ returned the furs to plaintiff. … In the language of section 347 of the Eestatement of the Law of Agency: ‘ ‘ An agent who is acting in pursuance of his authority has such immunities of the principal as are not personal to the principal.”

Holtzman v. Hellenbrand

92 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1983

The witness refused to answer any questions at the hearing, and after being offered transactional immunity, persisted in her refusal to testify. … Sirois would not testify despite the grant of transactional immunity, (2) incarceration would probably not induce Mrs.

Williams v. City of New York

153 A.D.3d 1301 · Appellate Division of the Supreme Court of the State of New York · Sep 13, 2017

plaintiff raised a triable issue of fact as to whether Detective Failla’s evaluation of probable cause was objectively reasonable, thus precluding an award of summary judgment in Detective Failla’s favor on the ground of qualified … immunity (see Holland v City of Poughkeepsie, 90 AD3d 841, 845-846 [2011]; Doyle v Rondout Val.

State Farm Mutual Automobile Insurance v. Yung Shik Na

123 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1986

Accordingly, we find that the record contains ample evidence that Fireman’s Fund met its burden of establishing timely nonrenewal of the policy by common-law proof. … These reasons clearly qualify as "specific” reasons under Insurance Law § 3425 (d) (1), and we reject the petitioner’s argument that this provision was not complied with because Fireman’s Fund presented no proof that the

Oneida Indian Nation v. Burr

132 A.D.2d 402 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1987

It is hard to conceive how such tribal immunities could be endangered in litigation restricted solely to individual Indians, to the exclusion of Indian tribes. … Diminishment of that dependency was clearly a primary goal of 25 USC § 233 .

Clarke v. Metropolitan Transportation Authority

151 A.D.3d 692 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2017

“A plaintiff alleging discrimination in employment has the initial burden to establish . . . that (1) he or she is a member of a protected class; (2) he or she was qualified to hold the position;' (3) he or she was terminated … The burden then shifts to the employer “to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support

Starkman v. City of Long Beach

106 A.D.3d 1076 · Appellate Division of the Supreme Court of the State of New York · May 29, 2013

In their answer, the defendants asserted six affirmative defenses, including an affirmative defense based upon a qualified immunity pursuant to Vehicle and Traffic Law § 1104, and an affirmative defense based upon the common-law … Under the principles of ordinary negligence, Officer DeMarco’s failure to see what was there to be seen established the plaintiffs entitlement to judgment as a matter of law on the issue of liability (see Mohammad v Ning,