Case law
Opinions from 1658 to today.
204 results
0.43s
Machuca v. Collins Bldg. Servs., Inc.
2024 NY Slip Op 50281(U) · New York Supreme Court, New York County · Mar 13, 2024
But this court is not persuaded, at least at this stage, that the contracts conclusively establish a defense to the applicability of Labor Law § 231. … The building diagrams do not qualify as documentary evidence, either.
Cited 3 timesUnpublished2024 NY Slip Op 33404(U) · New York Supreme Court, New York County · Sep 26, 2024
"[P]laintiff need not establish the merit of [his] proposed new allegations but simply show that the proffered amendment is not palpably insufficient or clearly devoid of merit..." (MBIA Ins. … Here, it is undisputed that plaintiff is a member of a protected class, that he was qualified for his position, and that he was on May 3, 2023.
Cited 0 timesUnpublished2025 NY Slip Op 50919(U) · New York Supreme Court, New York County · Jun 5, 2025
In order for the Court to hold a party in civil contempt for disobeying a court order under Judiciary Law § 753 (A), the Court must establish three elements: (1) the existence of a Court order establishing an unequivocal … s rights were clearly prejudiced by OMH's non-compliance with the Court's Order. As an initial matter, the Defendant is charged with Auto Stripping in the Second [*2]Degree, a Class E Non-Violent Felony.
Cited 0 timesUnpublishedPublic Admr. of Bronx County v. New York City Health & Hosps. Corp.
2025 NY Slip Op 32272(U) · New York Supreme Court, New York County · Jun 25, 2025
A defendant in a medical malpractice action establishes prima facie entitlement to summary judgment by showing that in treating the plaintiffj he or she did not depart from … defendant departed from accepted medical practice and that such departure was a proximate cause of the injuries alleged, Generally, the opinion of a qualified
Cited 0 timesUnpublished2024 NY Slip Op 30563(U) · New York Supreme Court, New York County · Feb 23, 2024
Contrarily, plaintiffs argue that in this case, decedent's identity was never established before Bellevue allowed the harvesting of her organs. … Summary Judgment To grant summary judgment, it must clearly appear that no material triable issue of fact is presented (see Alvarez v. Prospect Hosp., 68 NY2d 320 [1986]).
Cited 0 timesUnpublished2024 NY Slip Op 50963(U) · New York Supreme Court, New York County · Jul 24, 2024
The evidence presented to the Grand Jury established a prima facie case of the defendant's commission of the crimes charged in the indictment. … Considering the totality of the circumstances, the complainant's thigh clearly constitutes an "intimate part" of his body. For these reasons, the Defendant's motion to dismiss count one is denied.
Cited 1 timesUnpublished2024 NY Slip Op 24027 · New York Supreme Court, New York County · Jan 30, 2024
The People allege that in furtherance of this scheme, Clifford worked with Barkley to enter false information into the New York State Immunization Information System ("NYSIIS") database while using the account of a medical … Clearly, as noted by the People, it is the policy of the New York State legislature that vaccine mandates should have been implemented and enforced.
Cited 1 timesPublished2024 NY Slip Op 24027 · New York Supreme Court, New York County · Jan 30, 2024
The People allege that in furtherance of this scheme, Clifford worked with Barkley to enter false information into the New York State Immunization Information System ("NYSIIS") database while using the account of a medical … Clearly, as noted by the People, it is the policy of the New York State legislature that vaccine mandates should have been implemented and enforced.
Cited 1 timesPublished2024 NY Slip Op 33868(U) · New York Supreme Court, New York County · Oct 29, 2024
Courts generally allow amendments when the proposed new allegations are neither palpably insufficient nor clearly devoid of merit (Lucido v. Mancuso, 49 AD3d 220, 222 [2d Dept 2008]). … Therefore, the question of whether Plaintiff was qualified to perform the essential functions of his job, with or without accommodations, cannot be resolved on a motion to dismiss.
Cited 0 timesUnpublished2004 NY Slip Op 50742(U) · New York Supreme Court, New York County · Jul 2, 2004
This court also has not yet been able to find a qualified Tlapaneco interpreter. CONCLUSIONS Defendant's claim that the People deprived him of a reasonable opportunity to testify before the grand jury lacks merit. … Here, the record establishes that the People complied with this requirement.
Cited 0 timesUnpublished2024 NY Slip Op 33607(U) · New York Supreme Court, New York County · Oct 8, 2024
Coles is based upon age discrimination" despite providing a letter that clearly states the rationale behind the respondent's decision. … Coles cannot state a prima facia case of age discrimination because under the SPD, he does not qualify for the benefit.
Cited 0 timesUnpublishedSternklar v. Sternklar-Worenklein
2024 NY Slip Op 32555(U) · New York Supreme Court, New York County · Jul 23, 2024
Indeed, the record before the Court establishes the opposite. … cause of action for an accounting pursuant to N-PCL § 720 is dismissible on the ground that Mark Stemklar and Cindy Stemklar-Worenklein, as unpaid directors, are protected from liability by the qualified
Cited 0 timesUnpublished510 42nd St. Lender LLC v. Merchants Hospitality, Inc.
2025 NY Slip Op 50417(U) · New York Supreme Court, New York County · Apr 2, 2025
For its part, Merchants "clearly and adamantly repudiated" these forbearance negotiations because it refused to agree to an additional, extended guaranty that would increase its liability as a Guarantor ( see Cohn aff ¶¶ … A guaranty qualifies as an instrument for the payment of money if it unconditionally promises payment ( see Bank of Am., N.A. v Filho , 203 AD3d 594, 594 [1st Dept 2022]).
Cited 1 timesUnpublished510 42nd St. Lender LLC v. Merchants Hospitality, Inc.
2025 NY Slip Op 50417(U) · New York Supreme Court, New York County · Apr 2, 2025
For its part, Merchants "clearly and adamantly repudiated" these forbearance negotiations because it refused to agree to an additional, extended guaranty that would increase its liability as a Guarantor ( see Cohn aff ¶¶ … A guaranty qualifies as an instrument for the payment of money if it unconditionally promises payment ( see Bank of Am., N.A. v Filho , 203 AD3d 594 , 594 [1st Dept 2022]).
Cited 1 timesUnpublishedSantiago v. NYU Coll. of Dentistry
2026 NY Slip Op 31015(U) · New York Supreme Court, New York County · Mar 16, 2026
Both Military Law § 304 and 50 USC App § 501 require the NYPH defendants to establish their prima facie entitlement to a stay of proceedings, on the ground that Khan remains in active military service … by reason of military service]; Turchiano v Jay Dee Transp., 109 AD2d 790, 791 [2d Dept 1985] [Military Law § 304 “was not intended to give a litigant, even though in military service, complete immunity
Cited 0 timesUnpublishedBLT Fund 9 Dayton's LLC v. 601 Minnesota Inv. LLC
2025 NY Slip Op 32120(U) · New York Supreme Court, New York County · Jun 13, 2025
“In order to qualify for CPLR 3213 treatment, plaintiff must be able to establish a prima facie case by proof of the agreement and a failure to make the payments called for thereunder. … To the contrary, the Note clearly provides that it is a loan. (NYSCEF 5, Note at 3 [“make the loan evidenced by this Note”].)
Cited 0 timesUnpublished2026 NY Slip Op 31016(U) · New York Supreme Court, New York County · Mar 18, 2026
No one factor is determinative--the calculus of the court's decision is dependent on the competing interests of the litigants and a clearly expressed desire by the Legislature … Nonetheless, although this action does not qualify for an extension under the “good cause” exception (see Mead v Singleman, 24 AD3d 1142, 1144 [3d Dept 2005]), the court concludes that it qualifies
Cited 0 timesUnpublished2025 NY Slip Op 25155 · New York Supreme Court, New York County · Jul 3, 2025
Conversion is appropriate only where the parties' evidentiary submissions clearly indicate that they "deliberately charted a summary judgment course" ( Martinez v JRL Food Corp. , 194 AD3d 488 , 489 [1st Dept 2021]). … Moreover, the factual allegations as pled do not establish that the cause of action for declaratory relief is ripe and that Plaintiff has standing to bring this action.
Cited 0 timesPublished2024 NY Slip Op 30929(U) · New York Supreme Court, New York County · Mar 20, 2024
These claims clearly indicate that the City was acting in a governmental capacity and the cited statutes do not create any private rights of action. … Garrett and Smullen are clearly distinguishable from this case.
Cited 0 timesUnpublishedDiocese of Buffalo v. Office of the N.Y. State Attorney Gen.
2025 NY Slip Op 25147 · New York Supreme Court, New York County · Jun 25, 2025
POL § 89(5) establishes the applicable procedure. … United States , 599 F.2d 1383, 1386 (5th Cir. 1979))), the language still clearly envisions a proceeding commenced and maintained by a government agency to enforce a law.
Cited 0 timesPublished
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