Case law
Opinions from 1658 to today.
204 results
1.38s
2025 NY Slip Op 30092(U) · New York Supreme Court, New York County · Jan 8, 2025
. absent prejudice or surprise to the opposing party” (Favourite Ltd. v Cico, 42 NY3d 250, 256 [2024] [citations omitted]), as long as the proposed amendments are not “palpably insufficient or clearly … (Complaint, ¶ 135-36), which establishes his retaliatory animus.
Cited 0 timesUnpublished2024 NY Slip Op 31892(U) · New York Supreme Court, New York County · May 31, 2024
therefore qualified to apply for the license to operate a cannabis dispensary under the CAURD program (NYSCEF # 26 ,r,r 10·11). 651937/2024 NAP IV LLC, D/B/A STS MCM vs. … Plaintiff then 3 The Corporate Resolution is dated August 4, 202~, but this is clearly a typo given (a) the parties agree they first met in 2023 and (b) the body and signature dates in
Cited 0 timesUnpublishedKohler v. West End 84 Units LLC
2024 NY Slip Op 34215(U) · New York Supreme Court, New York County · Nov 26, 2024
This absolute privilege confers "absolute immunity from liability for defamation [ ... ] for oral and written statements made by attorneys in connection with a proceeding before a court when such … But it is clear from the context of the NBC Statement, and the absence of any qualifiers regarding the lack of any evidence of financial fraud by the time the NBC Statement was made (as discussed
Cited 0 timesUnpublishedFair Hous. Justice Ctr., Inc. v. Fairstead Mgt. LLC
2024 NY Slip Op 33325(U) · New York Supreme Court, New York County · Sep 19, 2024
The plaintiff must establish a “casual connection between the injury and the conducted complained of” (id.). … Thus, the Bohemia Defendants argue the rental application with the FHEPS voucher properly qualifies as unambiguous documentary evidence (id.).
Cited 0 timesUnpublishedCochancela v. Sutton Place S. Corp.
2024 NY Slip Op 33722(U) · New York Supreme Court, New York County · Oct 21, 2024
defendants, the caselaw they cite for the proposition that a permanent staircase cannot form the basis of a 240(1) claim is not from the First Department.1 The First Department has found that a stairway qualifies … Although defendants insist that plaintiff is to blame, they did not establish as a matter of law (or raise an issue of fact) 162498/2019 CHACHO COCHANCELA, WILSON vs.
Cited 0 timesUnpublishedEustache v. Board of Educ. of the City Sch. Dist. of the City of N.Y.
2025 NY Slip Op 52037(U) · New York Supreme Court, New York County · Dec 18, 2025
Affidavits and deposition testimony do not qualify as documentary evidence for the purposes of CPLR § 3211 (a) (1) ( Lowenstern v Sherman Sq. … Litigation, like all civic engagement, must be tempered by fidelity to reason and respect for established principle.
Cited 0 timesUnpublished2025 NY Slip Op 30046(U) · New York Supreme Court, New York County · Jan 7, 2025
(Neither the affidavit nor the deposition can ordinarily qualify under such a test)". Amsterdam Hospitality Group, LLC v. Marshall-Alan Associates, Inc., 992 N.Y.S.2d 2, 4 (N.Y. App. … "A non-party to a contract governed by New York law lacks standing to enforce the agreement in the absence of terms that 'clearly evidence an intent to permit enforcement by the third party' in question
Cited 0 timesUnpublishedGodlewski v. Park Seventy-Ninth Corp.
2025 NY Slip Op 31140(U) · New York Supreme Court, New York County · Apr 7, 2025
Park argues that it is entitled to contractual indemnification against M&S pursuant to the indemnification provision, given that plaintiff’s accident clearly arose out of M&S’s work, and Park qualifies … However, Park has not disputed that neither Clark nor LSS qualifies as an indemnitee under the alteration agreement (see Tonking v Port Auth. of N.Y. & N.J., 3 NY3d 486, 490 [2004]).
Cited 0 timesUnpublishedR & D Maidman Family L.P. v. Scottsdale Ins. Co.
2004 NY Slip Op 24201 · New York Supreme Court, New York County · Apr 26, 2004
notwithstanding the parties' arguments as to whether the costs herein are "damages" or "property damage," or the result of an "occurrence," the court concludes that it must first determine that the loss incurred by plaintiffs qualifies … In Aaron , the insured was allegedly under a contractual obligation to repair his property to prevent further damage to third-party property, which clearly does not exist here.
Cited 0 timesPublishedZhang v. LLS Realty Assoc., LLC
2024 NY Slip Op 31551(U) · New York Supreme Court, New York County · May 1, 2024
Tenants' proof is insufficient to establish, prima facie, that the Apartment is subject to rent stabilization. … Landlord argues that even assuming the work on the Apartment was not performed in 2012 and that the Apartment did not become deregulated through high-rent vacancy at that time, the Apartment qualified
Cited 0 timesUnpublishedAlaimo v. New York State Nurses Assn.
2024 NY Slip Op 31206(U) · New York Supreme Court, New York County · Apr 9, 2024
The burden of establishing preemption is heavy: "[t]he mere fact of 'tension' between federal and state law is generally not enough to establish an obstacle supporting preemption, particularly when … Therefore, if a policymaking limitation existed, plaintiff would not qualify, since even she herself describes her position as managerial in nature, with responsibilities that fall within the realm
Cited 0 timesUnpublishedMatter of Newsmax Media, Inc. v. Catsimatidis
2025 NY Slip Op 30700(U) · New York Supreme Court, New York County · Mar 3, 2025
Next, respondents cite New York Civil Rights Law 79-h, also known as the Shield Law, which provides a qualified privilege for unpublished nonconfidential newsgathering materials (see Matter of Gibson … Petitioner has not satisfied its burden of "establishing the circumstances or reasons for the discovery on a nonparty's motion to quash" (Kapon, 23 NY3d at 36-37).
Cited 0 timesUnpublishedMatter of Middleton v. New York City Tr. Auth.
2024 NY Slip Op 33533(U) · New York Supreme Court, New York County · Oct 1, 2024
The employee should be urged to 3 The FTA mandates that covered transportation employers must establish drug and alcohol testing programs, the exact details of which are established in the … Ryndin’s evaluation and letter, to establish a qualifying excuse for her failure to provide a sufficient urine specimen. NYCTA further argues that the regulations invest an MRO, like Dr.
Cited 0 timesUnpublished2024 NY Slip Op 30028 · New York Supreme Court, New York County · Jan 2, 2024
The court has the discretion to determine whether a witness is qualified to testify as an expert, 159201/2012 ZIC, VELIMIR vs. … Troast were so qualified, his opinion is impermissibly conclusory (see Nemeth v Brenntag v N.
Cited 0 timesUnpublishedBarrett v. Manhattan Detention Complex
2024 NY Slip Op 31074(U) · New York Supreme Court, New York County · Mar 29, 2024
NO. 166 RECEIVED NYSCEF: 04/01/2024 on an alleged violation or deprivation of the rights, privileges, and immunities guaranteed by the … Plaintiff merely alleges that the City defendants "clearly have established an official policy or custom which causes plaintiffs and others similarly situated to him, to be subjected to a denial of
Cited 0 timesUnpublished2024 NY Slip Op 51777(U) · New York Supreme Court, New York County · Dec 17, 2024
DISCUSSION The standard for dismissal of a Family Offense Petition is well-established. … "A family offense petition may be dismissed without a hearing where the petition fails to set forth factual allegations which, if prove[n], would establish that the respondent has committed a qualifying family offense.
Cited 0 timesUnpublished2024 NY Slip Op 30493(U) · New York Supreme Court, New York County · Feb 16, 2024
Moens had never been qualified as an expert witness before. … Clearly, each of the SFCs and supporting spreadsheets that were submitted to lenders and insurers qualifies as a business record, as each constituted a writing kept by the Trump Organization
Cited 1 timesUnpublished2024 NY Slip Op 30340(U) · New York Supreme Court, New York County · Jan 29, 2024
To meet this burden, the plaintiff must establish that: (1) he is a member of a protected class; (2) he was qualified to hold the position; (3) he was terminated or suffered an adverse employment … Because plaintiff did not establish that he.was similarly situated to Ms. Cohen and Ms.
Cited 0 timesUnpublishedLazo v. Bay Ridge Auto. Mgt. Corp.
2025 NY Slip Op 32759(U) · New York Supreme Court, New York County · Aug 7, 2025
No. 113) Plaintiff submits an expert affidavit by Andrew Yarmis, a licensed Professional Engineer who has been qualified as an expert on issues relating to engineering, design, construction … ANALYSIS It is well established that “[t]he proponent of summary judgment must establish its defense or cause of action sufficiently to warrant a court’s directing judgment in its favor
Cited 0 timesUnpublished2004 NY Slip Op 50415(U) · New York Supreme Court, New York County · Apr 21, 2004
Plaintiffs allege that those stores, along with more than three million retail establishments, accept Visa and MasterCard credit cards as a form of payment. … Defendants contend that plaintiffs' injuries are too remote to qualify them as "indirect purchasers" under the Donnelly Act amendment.
Cited 0 timesUnpublished
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