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136 N.Y. 244 · New York Court of Appeals · Dec 13, 1892
In Sibley v. … (In re Brown, 93 N. Y. 295 , and cases cited.) The judgment should be affirmed. All concur. Judgment affirmed.
Cited 80 timesPublished36 N.Y.2d 183 · New York Court of Appeals · Feb 25, 1975
Church v. Walsh, 244 N. Y. 280, 287 .) … (Matter of Smart v. Francis, 43 A D 2d 623, revd. 35 N Y 2d 872; Matter of Merchant v. New York State Dept. of Mental Hygiene, 41 A D 2d 588; Matter of Reid v. Greenberg, 40 A D 2d 1078; Matter of Traber v.
Cited 47 timesPublished108 N.Y. 387 · New York Court of Appeals · Feb 28, 1888
(Reed v. Randall, 29 N. Y. 358 ; Beck v. Sheldon, 48 id. 365 ; Dutchess Co. v. Harding, 49 id. 321.) *392 The cases cited by the learned counsel for the appellant have been examined. … (Lillywhite v. Devereux, 15 M. & W. 285.)
Cited 56 timesPublished30 N.Y.2d 289 · New York Court of Appeals · May 3, 1972
The Appellate Division reversed on the law holding that Arkawy’s negligence should not be imputed to Brown so as to bar Brown’s recovery in an action against the defendant and ordered a new trial. … As stated earlier, Brown sold his insurance business to Poritzky and as a condition of the sale, Poritzky was to be the exclusive insurance broker for Brown’s real estate holdings.
Overruled on other grounds by Lusenskas v. Axelrod, 81 N.Y.2d 300 (1993)Cited 26 timesPublished118 N.Y. 110 · New York Court of Appeals · Dec 20, 1889
(Witty v. Matthews, 52 N. Y. 512 ; Jaffe v. Harteau, 56 N. Y. 398 ; Edwands v. N. Y. & H. R. R. Co. 98 N. Y. 245 ; Cleves v. Willoughby, 7 Hill, 83 ; Mumford v. Brown, 6 Cow. 475 ; Westlake v. … (Edwards v. N. Y. & H. R. R. Co. 98 N. Y. 248 ; Howard v. Doolittle, 3 Duer, 475 ; Carson v. Godley, 26 Penn. St. 117; Dutton v. Gerrish, 9 Cush. 89 ; Chadwick v. Woodward, 13 Abb. [N. C.] 441; Coulson v.
Questioned by Stein v. Rice, 23 Misc. 348 (1898)Cited 52 timesPublished95 N.Y.2d 942 · New York Court of Appeals · Dec 14, 2000
Where, as here, there exists record support for the Appellate Division’s resolution of this question, the issue is beyond this Court’s further review (see, People v Hallman, 92 NY2d 840 ; People v Cloud, 79 NY2d 786 ; People … v Burr, 70 NY2d 354 ). *944 Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Cited 13 timesPublished80 N.Y. 527 · New York Court of Appeals · Apr 6, 1880
(Mechanics’ Bank v. The N. Y. and N. H. R. R. Co., 13 N. Y., 599 ; Bruff v. Mali, 36 id., 200; Morgan v. Skiddy, 62 id. 319; Shotwell v. Mali, 38 Barb., 445 .) … (Risley v. Indianapolis, B. and W. R. R. Co., 62 N. Y., 240 ; Butts v. Wood, 37 id., 317 ; Stewart v. The Lehigh Valley R. R. Co., 9 Vroom, 506 ; Gardner v. Butler, 30 N. J. Eq., 703; Foster v.
Cited 45 timesPublished49 N.Y. 78 · New York Court of Appeals · Apr 5, 1872
Hollister v. Livingston ( 9 How. Pr. Rep., 140 ); Field v. Morse (8 id., 47); Dows v. Green (3 id., 377) are cases of this class. In other cases (Mason v. Whitely, 4 Duer, 611 ; Prindle v. Aldrich, 13 How. … Co. v. Tibbits, 11 id., 168, and others), it has been held that a new cause of action or defence might be set up.
Cited 30 timesPublished48 N.Y.2d 921 · New York Court of Appeals · Dec 13, 1979
The defendant contends that the Trial Judge did not apply the proper criteria with respect to the prosecutor’s right to cross-examine the defendant concerning his prior criminal record (People v Sandoval, 34 NY2d 371 ). … In addition, since the exclusion of prior convictions is a discretionary determination for the trial courts and fact-reviewing intermediate appellate courts, no further review by this court is warranted (People v Shields,
Cited 32 timesPublished40 N.Y.2d 183 · New York Court of Appeals · Jun 17, 1976
penal interest (People v Wheatman, supra; see, also, United States v Harris, supra). … , People v Wheatman, 29 NY2d 337 , supra; People v Hanlon, 36 NY2d 549, 558 , supra).
Cited 68 timesPublished12 N.Y. 118 · New York Court of Appeals · Dec 5, 1854
But the cases in this state are the other way, and the question has been settled against the competency of such evidence in the court of last resort. ( Paige v. Cagwin, 7 Hill, 361 , 369.)
Cited 9 timesPublished24 N.Y.2d 168 · New York Court of Appeals · Mar 6, 1969
As we said in People v. … Y. 153, 163 ; see, also, People v. Steinhardt, 9 N Y 2d 267; People v. Jackson , 7 N Y 2d 142; People v. Marks, 6 N Y 2d 67; People v. Ochs, 3 N Y 2d 54; People v. Lovello, 1 N Y 2d 436; People v.
Cited 69 timesPublished167 N.Y. 381 · New York Court of Appeals · Jun 4, 1901
(Todd v. Nelson, 109 N. Y. 316, 324 ; Caponigri v. Altieri, 165 N. Y. 255, 263 ; Reeder v. Sayre, 70 N. Y. 180 , 190 ; Drucker v. Manhattan Ry. Co., 106 N. Y. 157 .) As was said by Chief Justice Nelson in Ford v. … Brown, one of the defendants, testified that Finnegan was foreman of the excavation and hired laborers, but did not hire or discharge engineers.
Cited 4 timesPublished190 N.Y. 167 · New York Court of Appeals · Dec 10, 1907
Platt v. … Comm . v.
Cited 47 timesPublished22 N.Y. 37 · New York Court of Appeals · Sep 5, 1860
is in possession, and is entitled to the possession for a definite period, that the chattels mortgaged may be seized upon execution against the mortgagor, or that the latter has any leviable interest therein. ( Mattison v. … Baucus, 1 Comst., 295; Hull v. Carnley, 1 Kern., 501.)
Cited 10 timesPublished25 N.Y.2d 374 · New York Court of Appeals · Nov 26, 1969
(See People v. Sine, 277 App. Div. 908 ; see, also, Denzer and McQuillan, Practice Commentary Penal Law, § 140.00 *377 [McKinney’s Cons. Laws of N. Y., Book 39, part 1, pp. 340, 342].) … Since the People thus failed in their burden of proving each and every element of the crime charged, and, specifically, the absence or loss of a statutory privilege or license to enter and remain (see People v.
Cited 44 timesPublished34 N.Y. 337 · New York Court of Appeals · Jan 5, 1866
In Seaman v. Durea ( 11 N. … (Williams on Ex., 1548; Langford v. Gascon, 11 Vesey, 335; Clark v. Clark, 8 Paige, 152 .)
Cited 41 timesPublished4 N.Y. 403 · New York Court of Appeals · Dec 5, 1850
.; 3 Atk . 1; Carman v. Cooke, 1 Sch. Lef . 40.) In Wetmore v. White, (2 Cai. Cas. in Err . 109,) it was assumed, that payment of the consideration entitled the party to a specific performance.
Cited 23 timesPublished67 N.Y. 160 · New York Court of Appeals · Nov 14, 1876
Abner Brown alone appealed to the General Term of the Supreme Court, and there the' judgment was affirmed. … It is, therefore, unquestioned that the judgment appealed from cannot be enforced against the estate of Abner Brown.
Cited 11 timesPublished56 N.Y.2d 242 · New York Court of Appeals · May 20, 1982
Ford, 46 NY2d 1021 ; People v Session, 34 NY2d 254 ). … Teen’s affidavit also stated that he never conspired to kill Thomas Wright with Brown or anyone else, and that he never saw Brown until after he (Teen) was arrested.
Cited 51 timesPublished
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