compelling defense in New York

2024Ctr ., 98 AD3d 107 (1st Dept. 2012), the Appellate Division, First Department, emphasized that an employer's well-documented record of performance deficiencies serves as a compelling defense to claims of pretext.

2024Ctr ., 98 AD3d 107 (1st Dept. 2012), the Appellate Division, First Department, emphasized that an employer's well-documented record of performance deficiencies serves as a compelling defense to claims of pretext.

2012County Court was entitled to discount such testimony, and we defer to its credibility determinations in this regard (see People v Fusco, 91 AD3d 984, 985 [2012]; People v Cruz, 35 AD3d 898 , 899 [2006], lv denied 8 NY3d 845 [2007]).

2012County Court was entitled to discount such testimony, and we defer to its credibility determinations in this regard (see People v Fusco, 91 AD3d 984, 985 [2012]; People v Cruz, 35 AD3d 898 , 899 [2006], lv denied 8 NY3d 845 [2007]).

1996We reject defendants’ claim because a common practice or usage is not necessarily a conclusive or even a compelling test of negligence, but instead the question in each instance is whether the common practice meets the test of reasonableness (see, Trimarco v Klein, 56 NY2d 98, 106-107 ).

1988And the custom and usage evidence offered on behalf of claimant, which indicates indoor basketball courts are typically wooden or synthetic and outdoor courts are typically asphalt or concrete, though relevant, is equivocal at best and in any case is not a compelling test of negligence (see, Trimarco v Klein, 56 NY2d 98, 106-107 ).

1978"Even the compelling claim of a wife for alimony and support cannot reach a property interest unavailable to her husband” (Rosenberg v Rosenberg, 259 NY 338 ).

1974(Rosenberg v Rosenberg, 259 NY 338 .) Under ordinary circumstances, a person may dispose of his property however he sees fit, and leave subsequent creditors without recourse.

1996We conclude that the evidence submitted by defendants, while not conclusive, is sufficient to meet their initial burden as the parties seeking summary judgment (see, Zuckerman v City of New York, 49 NY2d 557, 562 ).

1989Evans v. Garrison (4th Cir. 1981), 657 F.2d 64 .” (People v Evans, 122 111 App 3d 733, 740, 461 NE2d 634, 639 .) Having found in this State no expression of legislative intent to the contrary, we adopt the compelling analysis of the Illinois appellate court and conclude that defendant was improperly sentenced to make restitution to the Rochester Police Department.

1989Evans v. Garrison (4th Cir. 1981), 657 F.2d 64 .” (People v Evans, 122 111 App 3d 733, 740, 461 NE2d 634, 639 .) Having found in this State no expression of legislative intent to the contrary, we adopt the compelling analysis of the Illinois appellate court and conclude that defendant was improperly sentenced to make restitution to the Rochester Police Department.

1988Even assuming a breach of duty, claimant has not proved that use of concrete rather than wooden flooring more likely than not was a cause of his injury (see, Baumfeld v State of New York, 107 AD2d 927, 928 ).

1986The compelling analysis of Williams v State of New York ( 90 AD2d 861 ) leads me to this conclusion.

1980Defendant has failed to set forth the compelling factors, consideration or circumstances referred to in People v Clayton ( 41 AD2d 204 ), which clearly demonstrate that conviction or prosecution of the defendant upon the instant indictment would create an injustice.

1978It is bottomed on the compelling principle that one who gives up sole and exclusive possession, control or ownership of property has, in effect, removed the constitutional talisman protecting his reasonable right of privacy (see, e.g., Katz v United States, 389 US 347 , supra).

1917(Sawyer v. Cubby, 146 N. Y. 192 ; Burke v. O’Brien, 115 App. Div. 574 ; Coston v. Coston, 118 id. 1; Matter of Lally, 136 id. 781; affd., 198 N. Y. 608 .) If we read the testator’s will in the light of this well-settled and compelling rule of construction it will appear that the trust estate cannot extend beyond one life, and the trust is not, therefore, invalid.

1917(Sawyer v. Cubby, 146 N. Y. 192 ; Burke v. O’Brien, 115 App. Div. 574 ; Coston v. Coston, 118 id. 1; Matter of Lally, 136 id. 781; affd., 198 N. Y. 608 .) If we read the testator’s will in the light of this well-settled and compelling rule of construction it will appear that the trust estate cannot extend beyond one life, and the trust is not, therefore, invalid.

1917(Sawyer v. Cubby, 146 N. Y. 192 ; Burke v. O’Brien, 115 App. Div. 574 ; Coston v. Coston, 118 id. 1; Matter of Lally, 136 id. 781; affd., 198 N. Y. 608 .) If we read the testator’s will in the light of this well-settled and compelling rule of construction it will appear that the trust estate cannot extend beyond one life, and the trust is not, therefore, invalid.