statistical analysis in New York

2017We further emphasized the modest burden placed upon the City at the third stage by noting that the City need not “perform a formal study or a statistical analysis, or . . . establish that it has looked at a representative sample of 60/40 businesses in the city” ( 6 NY3d at 84 ).

2015The Supreme Court correctly concluded that this analysis, only a small portion of which was corroborated by an expert, failed to satisfy the plaintiffs initial burden of proof (see Warrington v Ryder Truck Rental, Inc., 35 AD3d 455 [2006]; see generally De Long v County of Erie, 60 NY2d 296, 307 [1983]; Jianrong Wang v Shao Ke, 77 AD3d 1113, 1115 [2010]).

2008Finally, plaintiffs failed to establish that a class action is superior to other methods available to them to pursue these claims (see CPLR 901 [a] [5]; Small v Lorillard Tobacco Co., 94 NY2d at 54 ; Weinberg v Hertz Corp., 69 NY2d 979, 981-982 [1987]; Brady v State of New York, 172 AD2d 17 [1991], affd 80 NY2d 596 [1992], cert denied 509 US 905 [1993]).

2008Finally, plaintiffs failed to establish that a class action is superior to other methods available to them to pursue these claims (see CPLR 901 [a] [5]; Small v Lorillard Tobacco Co., 94 NY2d at 54 ; Weinberg v Hertz Corp., 69 NY2d 979, 981-982 [1987]; Brady v State of New York, 172 AD2d 17 [1991], affd 80 NY2d 596 [1992], cert denied 509 US 905 [1993]).

2008In addition, if such a statistical analysis is admissible, 3 fundamental fairness would require that defendant be allowed the right to explore the premise upon which the expert’s conclusions are based, and such an inquiry could require a detailed examination of many of the entries upon which the expert relied to reach his final conclusion (see Evans v City of Johnstown, 97 AD2d at 3 ).

2008Finally, plaintiffs failed to establish that a class action is superior to other methods available to them to pursue these claims (see CPLR 901 [a] [5]; Small v Lorillard Tobacco Co., 94 NY2d at 54 ; Weinberg v Hertz Corp., 69 NY2d 979, 981-982 [1987]; Brady v State of New York, 172 AD2d 17 [1991], affd 80 NY2d 596 [1992], cert denied 509 US 905 [1993]).

2008Finally, plaintiffs failed to establish that a class action is superior to other methods available to them to pursue these claims (see CPLR 901 [a] [5]; Small v Lorillard Tobacco Co., 94 NY2d at 54 ; Weinberg v Hertz Corp., 69 NY2d 979, 981-982 [1987]; Brady v State of New York, 172 AD2d 17 [1991], affd 80 NY2d 596 [1992], cert denied 509 US 905 [1993]).

2007The defendant’s contention that DNA evidence should not have been admitted without a statistical analysis is without merit (see People v Bell, 299 AD2d 557 [2002]; People v Watley, 245 AD2d 323 [1997]).

2007The defendant’s contention that DNA evidence should not have been admitted without a statistical analysis is without merit (see People v Bell, 299 AD2d 557 [2002]; People v Watley, 245 AD2d 323 [1997]).

2001The statistical analysis done by the Rochester serologist (see n 1, supra) shows why a “clear indication” that probative evidence would be found was present if probable cause properly had been established.

2001J., concurring]; People v Mountain, supra.) Whether the statistical analysis of the Rochester donor DNA profile, the latter of which was found consistent with the DNA profile of the Erie County donor, amounts to probable cause need not be decided here, although it would seem easily to qualify.

1998Co.], 23 NY2d 407, 414-415 ).

1998(McCleskey v Kemp, 753 F2d 877, 893-895, affd, 481 US 279 , supra.) Considering that the conduct underlying the crimes charged satisfy the statutory criteria of Penal Law § 125.27 (1) (a) (vi), and the lack of specific abuse on the part of the prosecutor in electing to seek the death penalty, the court finds no discriminatory enforcement in this prosecution on the basis of race, gender or any other impermissible basis of the defendants or of the victim.

1996There is no doubt that a coverture fraction, representing the 50% of the legal training obtained after the marriage, must be used (see, Procario v Procario, supra; McAlpine v McAlpine, 176 AD2d 285 ).

1996There is no doubt that a coverture fraction, representing the 50% of the legal training obtained after the marriage, must be used (see, Procario v Procario, supra; McAlpine v McAlpine, 176 AD2d 285 ).

1995Their determination that the statistical analysis testimony of the witness established the weight of the drugs is supported by the record and should not be disturbed by this Court (People v Hill, 85 NY2d 256, 261 ).

1985Co. v Singer Co. ( 402 F Supp 881 , affd 542 F2d 111 [defendant breached its agreement to use its best efforts to market plaintiff’s patented device; plaintiff was permitted to use sales projections to establish how many of the devices would have been sold, but the court noted that the sales projections were prepared at the request of defendant prior to entering into the contract and thus were not prepared “with an eye to litigation”]); For Children v Graphics Intl. ( 352 F Supp 1280 [plaintiff permitted to project that 75% of its books would have been sold]).

1985Co. v Singer Co. ( 402 F Supp 881 , affd 542 F2d 111 [defendant breached its agreement to use its best efforts to market plaintiff’s patented device; plaintiff was permitted to use sales projections to establish how many of the devices would have been sold, but the court noted that the sales projections were prepared at the request of defendant prior to entering into the contract and thus were not prepared “with an eye to litigation”]); For Children v Graphics Intl. ( 352 F Supp 1280 [plaintiff permitted to project that 75% of its books would have been sold]).