Case law
Opinions from 1658 to today.
204 results
1.15s
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).
Cited 1 timesUnpublished2025 NY Slip Op 34753(U) · New York Supreme Court, New York County · Dec 8, 2025
In the case at bar, the evidence conclusively establishes a classic sudden emergency. … The presence of other culpable conduct does not immunize a non-negligent party from being dismissed. Here, Defendants have demonstrated that they were not negligent at all.
Cited 0 timesUnpublishedde 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.
Cited 0 timesPublishedElsa Zegelstein Revocable Living Trust v. Nanto MK Corp.
2024 NY Slip Op 34011(U) · New York Supreme Court, New York County · Nov 12, 2024
As a matter of law, however, neither are a sufficient basis to establish valid consideration for Cross's guaranty. … Under this timeline, plaintiff's commencement in April 2018 clearly falls outside the statute of limitations.
Cited 0 timesUnpublishedPeople v. Abraham Operations Assoc. LLC
2024 NY Slip Op 32976(U) · New York Supreme Court, New York County · Aug 23, 2024
Respondents fail to establish that the continuing wrong doctrine is inapplicable. … Moreover, EDTP A immunity does not extend to gross negligence, reckless conduct, or intentional misconduct (see PHL § 3082 [2]).
Cited 0 timesUnpublished2024 NY Slip Op 33130(U) · New York Supreme Court, New York County · Sep 6, 2024
However, the plaintiff must show that the amendment is not palpably insufficient and not clearly devoid of merit (Pier 59 Studios, L.P., 40 AD3d at 366). … “Whether the plaintiff can ultimately establish its allegations is not part of the calculus” (J.P. Morgan Sec. Inc. v Vigilant Ins.
Cited 0 timesUnpublishedPierluissi v. City of New York
2025 NY Slip Op 30984(U) · New York Supreme Court, New York County · Mar 26, 2025
Plaintiff has also sufficiently alleged that he is qualified for the promotions that he claims he was denied due to his race. … cause of action, plaintiff alleges that he filed complaints about the allegedly discriminatory conduct in November 2019, May 2021, and December 2021, and that defendants Maric and Fills stated clearly
Cited 0 timesUnpublishedMatter of Metropolitan Museum Historic Dist. Coalition v. De Montebello
2004 NY Slip Op 50527(U) · New York Supreme Court, New York County · May 14, 2004
Factual Background The Metropolitan Museum, a preeminent cultural institution, was established as an "educational corporation" in 1870 by an act of the New York State legislature for the purpose, among others, of "establishing … Such care would clearly have been warranted given the magnitude of the Plan, and its potential impact on the public.
Cited 1 timesUnpublished2025 NY Slip Op 31815(U) · New York Supreme Court, New York County · May 19, 2025
“A paper will qualify as ‘documentary evidence’ only if it satisfies the following criteria: (1) it is ‘unambiguous’; (2) it is of ‘undisputed authenticity’; and (3) its contents are ‘essentially … As discussed on the record at argument on May 15, 2025, the court finds that the award in the first sentence is clearly obligatory; defendants have no discretion to change it.
Cited 0 timesUnpublished2025 NY Slip Op 31736(U) · New York Supreme Court, New York County · May 13, 2025
However, as noted by plaintiff, Barrionuevo only speaks Spanish and his affidavit is not accompanied by an affidavit of a qualified translator attesting to its accuracy. … The Madison defendants argue that plaintiff’s accident was clearly caused by an act of Tomek’s subcontractor, FMR.
Cited 0 timesUnpublished1101-43 Ave Acquisition LLC v. Sonder Hospitality USA Inc.
2024 NY Slip Op 30383(U) · New York Supreme Court, New York County · Feb 1, 2024
"[A]n attorney-client relationship is established where there is an explicit undertaking to perform a specific task. … Plaintiff asserts that the absence of a waiver of the representation of any other entity not named or a definition of client expressly excluding plaintiff in the Sher Engagement Agreement clearly
Cited 0 timesUnpublished2024 NY Slip Op 33414(U) · New York Supreme Court, New York County · Sep 27, 2024
(Verified Pet. 1 7) So, clearly, there are competing policies and in- terests at stake here. … Judicial immunity is extended to the Superintendent in her capacities as Ancillary Receiver of Arrowood and as administrator of the New York security funds, her successors
Cited 0 timesUnpublishedTravelers Cas. & Sur. Co. v. Vale Can. Ltd.
2025 NY Slip Op 50254(U) · New York Supreme Court, New York County · Feb 26, 2025
Brown references three Ontario lower court decisions dealing with the qualified pollution exclusion. They are not binding in British Columbia. … The Insurers moved for summary judgment on the basis that the Pollution Exclusion contained in each of the Policies clearly and unambiguously bars recovery for any of Vale Canada's coverage claims for the Test Sites because
Cited 1 timesUnpublishedTravelers Cas. & Sur. Co. v. Vale Can. Ltd.
2025 NY Slip Op 50254(U) · New York Supreme Court, New York County · Feb 26, 2025
Brown references three Ontario lower court decisions dealing with the qualified pollution exclusion. They are not binding in British Columbia. … The Insurers moved for summary judgment on the basis that the Pollution Exclusion contained in each of the Policies clearly and unambiguously bars recovery for any of Vale Canada's coverage claims for the Test Sites because
Cited 1 timesUnpublishedMalcher v. Theatre Refreshment Co. of N.Y.
2024 NY Slip Op 30605(U) · New York Supreme Court, New York County · Feb 27, 2024
The party seeking class certification bears the burden of establishing the prerequisites provided by CPLR 901 (a) by tendering evidence in admissible form. … Whether these prerequisites have been met and, thus, whether a lawsuit qualifies as a class action, rests within this Court's sound discretion.
Cited 0 timesUnpublished2024 NY Slip Op 33915(U) · New York Supreme Court, New York County · Nov 1, 2024
As this salary scheme has clearly been the case since before plaintiff was hired, plaintiff cannot show that this reason is pretextual and only a cover for discrimination based on her gender. … John's established sufficient temporal proximity to infer causation (Opp. at 20-21 ).
Cited 1 timesUnpublishedSympathy for the Devil, LLC v. 1170 Broadway Tenant LLC
2024 NY Slip Op 34378(U) · New York Supreme Court, New York County · Dec 15, 2024
Background Daniel Humm and Will Guidara established SFTD to manage and operate a restaurant in the NoMad Hotel. … Management Fees The NY RMA clearly entitles SFTD to management fees, including a Food and Beverage Fee, a Hotel Room Revenue Fee, and an Incentive Fee.
Cited 0 timesUnpublishedMatter of Holness v. Teachers' Retirement Sys. of City of N.Y.
2024 NY Slip Op 33254(U) · New York Supreme Court, New York County · Sep 17, 2024
In this regard, the respondent correctly argued that, with respect to claims for ADR benefits, and the underlying requirement that an applicant demonstrate that his or her qualifying medical condition … The determination made by TRS in this dispute clearly was discretionary, not ministerial, and the petitioner has failed to establish a clear legal right to the relief she sought.
Cited 0 timesUnpublished2026 NY Slip Op 30889(U) · New York Supreme Court, New York County · Mar 12, 2026
Thus, since Regina courts have ruled that in order for the fraud exception to the lookback rule to qualify the “plaintiffs were required to prove, prima facie, the [common law] elements of fraud” … DHCR, it is public policy that the legislature define clearly the scope of the fraud exception to the pre- HSTPA four-year rule for calculating rents which remains unsettled
Cited 0 timesUnpublished2024 NY Slip Op 30608(U) · New York Supreme Court, New York County · Feb 27, 2024
Whether these prerequisites have been met and, thus, whether a lawsuit qualifies as a class action, rests within the trial court's sound discretion. … They did not attach wage statements or other records establishing plaintiff's hours or wages.
Cited 0 timesUnpublished
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