Case law

Guillotel v. Mayor

10 Abb. N. Cas. 318 · New York Court of Appeals · Jan 15, 1882

Into this title, thus made prospective in its operation by the clearly expressed will of the legislature, an amendment was inserted in 1876, the effect of which was to reduce the limitation of actions to recover for certain … The chapter of the Code of Civil Procedure (chapter IY.) containing the statute of limitations, qualifies its own application by the following rules. Code Civ.

Brown v. Kingsley Books, Inc.

1 N.Y.2d 177 · New York Court of Appeals · Apr 27, 1956

Though difficult of exact formulation (see Emerson, The Doctrine of Prior Restraint, 20 Law and Contemporary Problems 648), this principle of immunity from prior restraint has been applied by the United States Supreme Court … The court has specifically left open the question 5*****11 whether a state may censor motion pictures under a clearly drawn statute designed and applied to prevent the showing of obscene films.”

Stoddard v. . Lum

159 N.Y. 265 · New York Court of Appeals · Jun 6, 1899

This is clearly an exclusive remedy available only in the state of Illinois. … We are of opinion that this action is clearly maintainable upon principle and on authority.

Dalton v. Educational Testing Service

87 N.Y.2d 384 · New York Court of Appeals · Dec 7, 1995

a preliminary investigation clearly demonstrate a lack of good faith by ETS” ( 206 AD2d 402, 403 [emphasis supplied]). … Moreover, ETS had two definitive reports of highly qualified handwriting experts, of proven reliability, that the November 1991 answer sheet was filled out by someone other than the person who filled out the May 1991 exam

Morris v. . Brown

111 N.Y. 318 · New York Court of Appeals · Nov 27, 1888

The plaintiff asserts a right, but has not established it. … The immunity of the master from liability to a servant for injuries caused by the negligence of a co-servant. (2.)

People v. McMahon

1 N.Y. 384 · New York Court of Appeals · Jul 1, 1857

That the idea of immunity or privilege does not lie at the basis of this rule of exclusion, is proved by the fact that the evidence is equally inadmissible although the prisoner voluntarily consents to be sworn. … Clearly not. If, then, the main principle which I have endeavored to maintain is correct, it must of course follow, that the evidence in this case, if objected to, should have been excluded.

People Ex Rel. Stepski v. Harford

286 N.Y. 477 · New York Court of Appeals · Jul 29, 1941

engages in the business of plumbing on his own account or as a bona fide member of a firm or corporation under the provisions of Section 45-a of the General City Law, and is registered with the Board of Health and has an established … We think it clearly is. (People ex rel. Nechamcus v. Warden, 144 N. Y. 529, 537, 538 .) *484 Plumbers are divided into two grades, master or employing plumbers and journeyman plumbers.

McGrath v. Toys "R" US, Inc.

3 N.Y.3d 421 · New York Court of Appeals · Nov 23, 2004

In Rentos , the United States District Court for the Southern District of New York embraced Maffei’& interpretation, holding that the transsexual plaintiff’s complaint, alleging employment discrimination based on “sex,” “clearly … The present litigation cannot be viewed as groundbreaking when the pioneering legal precedent had already been this firmly established.

Hinds v. Barton

11 N.Y. 544 · New York Court of Appeals · Dec 15, 1862

It was the object of the plaintiff to show the cause of the fire; and this, doubtless, had to be established by circumstances. … The evidence was competent to *548 establish certain facts which were necessary to be established in order to show a possible cause of the accident, and to prevent vague and unsatisfactory surmises on the part of the jury

Matter of Mayor, Etc., of New York

186 N.Y. 237 · New York Court of Appeals · Oct 16, 1906

It was clearly so construed by the court in granting the order appointing the commissioners of estimate and assessment. No motion has ever been made to vacate or modify that order. (Matter of Grand Boulevard, 33 App. … which resembles more nearly legalized robbery than any other form of acquiring property. “ Although it may be assumed that the municipality by proceedings, to open a street, acquires the fee to the land taken, it is yet a qualified

People Ex Rel. Kennedy v. Commissioners of Taxes

35 N.Y. 423 · New York Court of Appeals · Sep 5, 1866

The large amount of property thus invested will enjoy an immunity and privilege not foreseen or intended by the legislative bodies, which accorded to it the means and opportunity of most profitable employment. … The following positions have been established by repeated adjudications: That taxation “ is an incident of sovereignty, and is coextensive with that of which it is an incident.” “ It is called a sacred right.”

Board of Education v. Christa Construction, Inc.

80 N.Y.2d 1033 · New York Court of Appeals · Jan 14, 1993

Right to Appear before Grand Jury — Prosecutor’s Use of Immunized Statement of Defendant during Defendant’s Testimony. — The prosecutor’s possession and review of an immunized statement of defendant during defendant’s testimony … Constitutionality of Nonresident Tax on New York Income — Privileges and Immunities — Equal Protection of Laws. — Tax Law §601 (d) and (e), which establish a method of determining the nonresident tax on income earned in New

People Ex Rel. Kearney v. Bell

38 N.Y. 386 · New York Court of Appeals · Jun 5, 1868

amended by chapter 162, Laws of 1848, provided for the giving of official bonds, by such superintendents, to be approved by the auditor of the canal department, and prescribed the duties of the officers so appointed and qualified … To my mind it is clearly so.

Springs v. Hanover National Bank

209 N.Y. 224 · New York Court of Appeals · Oct 21, 1913

Most of them are clearly distinguishable from and not at all contradictory of the cases which have been cited in support of the conclusions reached by us. … These decisions, however, were reversed or so qualified by the courts of the same states respectively that they are not entitled to serious consideration.

The People v. Alexis Ocasio

28 N.Y.3d 178 · New York Court of Appeals · Nov 1, 2016

[which] establish, if true, every element of the offense charged and the defendant’s commission thereof” (CPL 100.40 [1] [c]; see People v Smalls, 26 NY3d 1064, 1066 [2015]). … As the People point out, Penal Law § 265.20 (b) also lends support to their position that a “baton” may qualify as a type of billy under Penal Law § 265.01 (1).

Selchow v. . Baker

93 N.Y. 59 · New York Court of Appeals · Jun 19, 1883

Y. 58 ) this general rule was qualified to the extent of holding that where it clearly appears that the complaint shows no cause of action, a preliminary injunction is unauthorized, and the granting of it is an error of law … The principle established in the case above cited does not apply where a doubtful question of law arises upon the complaint.

Capital Newspapers Division of the Hearst Corp. v. Burns

67 N.Y.2d 562 · New York Court of Appeals · Jul 3, 1986

Although we have never held that a State statute must expressly state it is intended to establish a FOIL exemption, we have required a showing of clear legislative intent to establish and preserve that confidentiality which … The result reached by the court was clearly correct, however, for each of the requests purportedly exempted from disclosure by section 50-a in that case were also exempt under other FOIL provisions, namely Public Officers

Ebling v. New York State Civil Service Commission

305 N.Y. 221 · New York Court of Appeals · Apr 9, 1953

A comparison of the duties listed in the specifications with the subject matter of the examinations likewise establishes their utter deficiency. … Moreover, the testimony of the commission’s two well-qualified experts in the field of preparation and grading of civil service examinations was comprehensive arid specific and clearly supported the commission’s findings,

Miller v. Emans

5 N.Y. 384 · New York Court of Appeals · Jul 1, 1859

There was clearly a designation of the person who was to take in those events. … Why should not one have the power to release a contingent right to land in himself to the existing qualified proprietor?

People Ex Rel. Third Avenue Railroad v. State Board of Tax Commissioners

212 N.Y. 472 · New York Court of Appeals · Sep 29, 1914

It was incumbent upon the relators attacking them to establish some error on the part of the state board in principle or fact. … At the time the stipulation was made the courts had clearly indicated their understanding of the meaning of those words when unaffected by context or facts. In People ex rel. Jamaica Water Supply Company v.