Case law

Kipper v. NYP Holdings Co.

12 N.Y.3d 348 · New York Court of Appeals · Apr 30, 2009

jurisprudence, and has cautioned that such an “approach and analysis . . . would erect a logically impossible test which, by its practical application of governing precedents, would inevitably result in no defamation case ever qualifying … And there is not even circumstantial, let *359 alone “direct,” evidence which could clearly and convincingly establish that defendant’s inaccurate rewrite was published with actual malice.

The People v. . Clarke

9 N.Y. 349 · New York Court of Appeals · Dec 5, 1853

But the doctrine both in England and in this-country has been qualified by statutes lhniting the time within which the government must assert its claims in the courts of justice. … Were this an action to recover the possession of lands, the case would be clearly within the principie of the one above cited.

People v. . Hinksman

192 N.Y. 421 · New York Court of Appeals · Sep 29, 1908

That observation is entirely within bounds and I think was intended to qualify *599 or limit the statement that when a prisoner “ avails himself of the privilege granted by the recent statute (1869), of testifying as a witness … Had the accused first given evidence to establish his good character, he Avould have invited that issue Avith the chance of defeat upon it.

Lerner v. Casey

2 N.Y.2d 355 · New York Court of Appeals · Feb 28, 1957

It is important at the outset to observe that we have here no question whether the state could with propriety, by a clearly worded statute, impose an absolute duty upon public officers or employees to answer questions relating … In the view thus taken, I have no occasion to consider the appellant’s further reliance upon the privileges and immunities clause of the Fourteenth Amendment — though I am inclined to agree with the court’s conclusion that

Raritan Development Corp. v. Silva

91 N.Y.2d 98 · New York Court of Appeals · Oct 28, 1997

We see no compelling reason to depart from that long-established rule in this case. … Previously, the resolution defined a cellar as more than halfway below "curb” level which caused developers to "level” lots so that a ground floor could still qualify as a "cellar.”

Edson v. . Parsons

155 N.Y. 555 · New York Court of Appeals · Apr 19, 1898

and definitely established. … That is a fact to be established by evidence, showing that such was the understanding and the deliberate agreement.

People Ex Rel. Sweet v. . Lyman

157 N.Y. 368 · New York Court of Appeals · Dec 6, 1898

This language clearly implies that it is not entirely practicable to fully determine them in that way. … Then follows a detailed statement of the duties of such special agents, which shows quite clearly that they are of an important and confidential character.

Baird v. Board of Supervisors of Kings

138 N.Y. 95 · New York Court of Appeals · Apr 11, 1893

This would be, as we think, the natural and plain implication, and in the absence of any other language qualifying or affecting it, we think it would be just as effectual as if stated in so many words. … If there were an abuse of the discretion so as to clearly show an open and intended violation of the Constitution, we held in that case that the courts might interfere.

Burmaster v. State of New York

7 N.Y.2d 65 · New York Court of Appeals · Dec 30, 1959

The claimant, on the other hand, urges that the directive was plainly qualified and expressly allowed the employee to have his wife with him if he was on State business and her presence "tied in" with such business; and, … In sum, then, since the weight of evidence clearly supports the findings and conclusions of the Appellate Division, rather than those of the Court of Claims, the judgment appealed from should be affirmed, with costs.

The People v. Superintendent, Woodbourne Correctional Facility

New York Court of Appeals · Nov 23, 2020

Although I agree with my colleagues in the majority that the letters from other agencies commenting on the bill do not establish the legislature’s intent (see majority op -3- … The ambiguity in the statutory language is resolved by examining the legislative history, which clearly supports respondent’s interpretation. I respectfully dissent.

Toles v. . Adee

91 N.Y. 562 · New York Court of Appeals · Mar 13, 1883

In February, 1870, the testator died, leaving a will whereby the defendants were appointed his executors, and they qualified as such in March, 1870. *568 Augustus W. … But we think that in a case of this description the law presumes injury and it is not incumbent upon the surety to establish it as matter of fact.

People v. Thomas

50 N.Y.2d 467 · New York Court of Appeals · Jun 5, 1980

That said, it is still true that, since Judges, however they try for perfection, are not immune from trial errors, and since not every error renders a trial unfair, the law’s responsibility may be deemed acquitted when the … If study of the case on appeal persuades the court that the minds of the jurors were clearly ■ directed to the true issue involved, that they were not misled or confused to defendant’s *477 detriment, then the [harmless error

Erit Realty Corp. v. Sea Gate Assn.

249 N.Y. 52 · New York Court of Appeals · Jul 19, 1928

It clearly appears that the embankment was built and the fence installed before the summer of the year 1897. … In neither case would the obstructions tend to vary or qualify the express words of a grant, since none have been employed to make it.

People Ex Rel. Gilbert v. . Wemple

125 N.Y. 485 · New York Court of Appeals · Feb 24, 1891

This court has held in a case clearly within the provisions of the Constitution above referred to, that the word “ compensation ” meant the sum of money that the judge was in receipt of from the state when his term of office … It must be admitted that if the literal reading alone of the provision is to be followed, then the case for the relator is established.

Campaign for Fiscal Equity, Inc. v. State

100 N.Y.2d 893 · New York Court of Appeals · Jun 26, 2003

To qualify for federal education funding, states must give children who attend such schools remedial options, such as tutoring or the right to transfer to a better school. … Clearly these purposes reflect a recognition that inputs should be calibrated to student need and hence that state aid should increase where need is high and local ability to pay is low.

Griffen v. . Keese

187 N.Y. 454 · New York Court of Appeals · Feb 26, 1907

In 1885 the executors who had qualified presented their accounts to the surrogate for settlement. … The legal status established by the decree of 1885 remained unchanged when the Supreme Court action of 1897 was corm inenced.

People ex rel. Annan v. Walsh

26 N.Y. St. Rep. 554 · New York Court of Appeals · Oct 15, 1889

State Rep., 655, and the right to establish them rested exclusively in the crown or, in this country, in the people. … upon a view of the relations of government to the people which obtained in the seventeenth century, should certainly furnish no reason for extending those rules to cases which, but for such extension, would be regarded as clearly

Lujerio Cordero v. Transamerica Annuity Service Corporation

New York Court of Appeals · Apr 25, 2023

Both the Settlement Agreement and the Qualified Assignment include provisions that prohibit assignment. … The Qualified Assignment provides that “[n]one of the Periodic Payments” to Cordero “may be . . . sold, assigned or encumbered.”2 2 The Settlement Agreement and Qualified Assignment did not include information about

Williams v. . Williams

8 N.Y. 525 · New York Court of Appeals · Oct 5, 1853

Perpetuities in property for the benefit of natural persons, can only be established by the creation of future estates. … Clearly it could not have been supported on any other ground than the one on which the chancellor relied. McCarty v.

People v. Agron

10 N.Y.2d 130 · New York Court of Appeals · Jul 7, 1961

This testimony is clearly at variance with his trial testimony; and thus the trial court committed error here as to Hernandez (People v. Walsh, 262 N. Y. 140 ; People v. Rosario, 9 N Y 2d 286). … It has not been shown that any otherwise qualified person was denied the right to be on one of these panels by virtue of his Puerto Bican ancestry.