Case law

Feliz v. Manhattan Restorative Health Sciences, Inc.

2025 NY Slip Op 30599(U) · New York Supreme Court, New York County · Feb 21, 2025

“To establish entitlement to summary judgment in a case alleging discrimination, the defendants must demonstrate either the plaintiff’s inability to establish every element of intentional discrimination … established that Dr.

Macropoulos v. City of New York

2024 NY Slip Op 50899(U) · New York Supreme Court, New York County · Jul 11, 2024

However, none of these injuries are included in the list of qualifying injuries set forth in Workers' Compensation Law § 11(1) even though Plaintiff contends that he suffered a grave injury. … Subcontractor hereby expressly and specifically agrees that l(s obligation to indemnify, defend and save harmless as provided in this Agreement shall not in any way be affected or diminished by any statutory or constitutional immunity

Macropoulos v. City of New York

2024 NY Slip Op 50899(U) · New York Supreme Court, New York County · Jul 11, 2024

However, none of these injuries are included in the list of qualifying injuries set forth in Workers' Compensation Law § 11(1) even though Plaintiff contends that he suffered a grave injury. … Subcontractor hereby expressly and specifically agrees that l(s obligation to indemnify, defend and save harmless as provided in this Agreement shall not in any way be affected or diminished by any statutory or constitutional immunity

Archer v. Metropolitan Transp. Auth. (MTA)

2025 NY Slip Op 51680(U) · New York Supreme Court, New York County · Oct 21, 2025

These individuals' affidavits constitute extrinsic evidence that does not qualify as "documentary evidence" within the meaning of CPLR 3211(a)(1). See Bou v. … If these ordinary allegations qualify for the exception, then the exception would threaten to swallow the general rule.

New York Mar. & Gen. Ins. Co. v. Clear Blue Ins. Co.

2025 NY Slip Op 31438(U) · New York Supreme Court, New York County · Apr 23, 2025

Clear Blue and Brawn move in motion sequence 003 for partial summary judgment declaring that plaintiff Noble does not qualify as an additional insured in the policy issued by Clear Blue to Brawn … As discussed in motion sequence 003, Noble established that it is entitled to additional insured coverage under the Clear Blue policy.

Moore v. XWELL, Inc.

2024 NY Slip Op 34327(U) · New York Supreme Court, New York County · Dec 6, 2024

However, "factual allegations that do not state a viable cause of action, that consist of bare legal conclusions, or that are inherently or clearly contradicted by documentary evidence are not entitled … In order to establish a prima facie case of discrimination under this section, "a plaintiff must show that ( 1) [] she is a member of a protected class; (2) [] she was qualified to hold the position

Archer v. Metropolitan Transp. Auth. (MTA)

2025 NY Slip Op 51680(U) · New York Supreme Court, New York County · Oct 21, 2025

These individuals' affidavits constitute extrinsic evidence that does not qualify as "documentary evidence" within the meaning of CPLR 3211(a)(1). See Bou v. … If these ordinary allegations qualify for the exception, then the exception would threaten to swallow the general rule.

1930 Homecrest Realty LLC v. City of New York

2024 NY Slip Op 30015 · New York Supreme Court, New York County · Jan 3, 2024

Your second request did not establish that exceptional circumstances prevented you from appearing,” (NYSCEF Doc. No. 33). … To OATH, this application could have been from any person who knew about the summons, whether they were qualified to represent petitioner or not.

City of New York v. Crest Hous. Co. LLC

2025 NY Slip Op 31670(U) · New York Supreme Court, New York County · May 6, 2025

The Lease clearly and unequivocally indicates that the plaintiff’s proportionate share of the tax escalations must be based on the amount the defendants actually pay in real estate tax. … They claim that the tax escalation clause does 2 This case is clearly distinguishable from the Court of Appeals decision in Barnan Assoc. LLC v 196 Owners Corp., 14 NY3d 780 [2010].

Menard v. City of New York

2026 NY Slip Op 50072(U) · New York Supreme Court, New York County · Jan 22, 2026

The driver's side video also clearly shows the lights of the vehicle turn off when Mr. Menard shut off the car shortly after the officers approach (NYSCEF Doc No. 66, video 02:22:01). … These outstanding questions of fact also preclude a determination regarding qualified immunity at this stage ( see Delgado v City of New York , 86 AD3d 502, 510 [1st Dept 2011]).

Grosso v. Cy Twombly Found.

2024 NY Slip Op 31905(U) · New York Supreme Court, New York County · Jun 2, 2024

Del Roscio is correct in contending that "the form lists the same address for all of the Foundation's officers, so it clearly is not Del Roscio's residence" (NYSCEF 19, Del Roscio's Memo of Law [ … The litigation privilege, being absolute, confers immunity from liability regardless of motive." (Gottwald v Sebert, 40 NY3d 240, 253.)

Griffin v. National Sec. Corp.

2024 NY Slip Op 33064(U) · New York Supreme Court, New York County · Aug 28, 2024

FlipKart has not yet had a qualifying liquidity event, but petitioners sought a declaratory judgment if such an event occurs sometime in the future. … Accordingly, because petitioners failed to establish that the Panel acted with “manifest disregard of the law,” (see Matter of Patel v Macy’s, 227 AD3d 551, 551 [1st Dept 2024]; Matter of Nexia Health

Quinn v. QVC Group, Inc.

2026 NY Slip Op 30683(U) · New York Supreme Court, New York County · Feb 24, 2026

“Judicial records, such as judgments and orders, would qualify as ‘documentary,’ as should the entire range of documents reflecting out-of-court transactions, such as contracts, deeds, wills, … This was clearly an arm’s-length commercial transaction. OWP was nothing more than a purchaser of assets who agreed to give the plaintiff royalty payments in exchange for those assets.

de Blasio v. New York City Conflict of Interest Bd.

2025 NY Slip Op 25008 · New York Supreme Court, New York County · Jan 13, 2025

The Court's discussion below is guided by this well-established principle. … Contrary to Petitioner's contention, it is not a question of whether a mayor qualifies as a "public servant" within the meaning of either [*41]section.

Taubes v. Yorkshire House Assoc. LLC

2024 NY Slip Op 30827(U) · New York Supreme Court, New York County · Mar 14, 2024

for a first rent equal to or exceeding the applicable amount qualifying for deregulation' (9 NYCRR 2520.11 [r] [12]) ... … This Court has described the test for whether alterations qualify for first rent as reconfiguration plus obliteration of the prior apartment's particular identity."

de Blasio v. New York City Conflict of Interest Bd.

2025 NY Slip Op 25008 · New York Supreme Court, New York County · Jan 13, 2025

The Court's discussion below is guided by this well-established principle. … Contrary to Petitioner's contention, it is not a question of whether a mayor qualifies as a "public servant" within the meaning of either [*41]section.

Machuca v. Collins Bldg. Servs., Inc.

2024 NY Slip Op 30816(U) · New York Supreme Court, New York County · Mar 13, 2024

But the Court then went on to hold that “quite apart from the cause of action given by the statute,” the employee “clearly has a right to sue on the basis of the contract between defendants and the … The building diagrams do not qualify as documentary evidence, either.

Scanlon v. South St. Seaport LP

2024 NY Slip Op 33470(U) · New York Supreme Court, New York County · Oct 1, 2024

There is no indication in the record that the plaintiff sustained a qualifying grave injury within the meaning of the statute or controlling case law. … claim given that the plaintiff's claims clearly arise from the work contemplated in the contract between Ocean and Kenvil.

Matter of State of New York v. Luis F.

2025 NY Slip Op 51421(U) · New York Supreme Court, New York County · Sep 8, 2025

In this court's view the diagnoses and conditions it credited at best barely qualify him for Article 10, presuming, as discussed further, they qualify him at all. … He is clearly engaged in treatment and appears to be motivated to improve.

Alegre v. City of New York

2024 NY Slip Op 31850(U) · New York Supreme Court, New York County · May 28, 2024

The April 29, 2019 decision states clearly and unequivocally that use of sealed records is not permitted for officer discipline (R.C. v City of New York, 64 Misc3d at 376), and the order language … Plaintiff also sufficiently pleads that he was qualified to hold the position, which is demonstrated by his thirteen years of employment as an NYPD officer (id. ,i 66).