Case law

Wilds v. . the Hudson River Railroad Company

24 N.Y. 430 · New York Court of Appeals · Jun 5, 1862

be submitted to the jury), in which an appellate court has not and does not on proper occasions exercise the power of setting aside the verdict of a jury, not merely when it is entirely against evidence, but when it is' clearly … Thus eight witnesses, not in any way discredited (by cross-examina-' tian or otherwise), two of whom had no bias for the defendant, establish affirmatively that the company did give the proper warning of approach; and as

City of Utica v. Water Pollution Control Board

5 N.Y.2d 164 · New York Court of Appeals · Jan 22, 1959

And, in establishing standards of purity and quality, it is further specified (subd. 5), consideration is also to be given to such other factors as “the extent” to which enumerated substances, expressed in terms of their … Having clearly expressed the policy underlying the law, the Legislature was privileged to leave to the Board the power to decide what properties indicate a polluted condition of a particular class of waters and to assign

The People v. Robin Pena

New York Court of Appeals · Nov 19, 2020

First, however troublesome, “questions of 2 In the context of qualified immunity doctrine, the U.S. Supreme Court has recognized the importance of clarifying the law for reasons that are persuasive here. … Pena’s car an invalid inspection sticker in violation of VTL § 306. 10 The legislature has clearly established that the standards for what equipment must be present on a car and in working order, on the one hand, and what

In re the Construction of the Will of Shubert

10 N.Y.2d 461 · New York Court of Appeals · Jan 18, 1962

The trust of one third of the residue thus qualified for the marital deduction. The other equal portions were disposed of in a taxable manner. … Again, the proportions established by the will were upset by the impact of taxes.

People v. Cotto

92 N.Y.2d 68 · New York Court of Appeals · Jul 1, 1998

First, there was sufficient evidence to establish that threats were made against Echevarria. … All of these affirmed facts, together, clearly and convincingly link defendant to the threats. 1 Defendant next challenges the reliability of Echevarria’s statements.

People v. Jaffe

19 N.Y. Crim. 277 · New York Court of Appeals · Apr 15, 1906

There was proof tending to establish two of these elements, the first and second, but none to establish the existence of the third. This was knowledge of the stolen character of the property sought to be acquired. … Take, for example, the case of a young man who attempts to vote, and succeeds in casting his vote under the belief that he is but twenty years of age, when he is, in fact, over twenty-onei, and a qualified voter.

Gravenhorst v. . Zimmerman

236 N.Y. 22 · New York Court of Appeals · May 1, 1923

.- We are aided in *30 determining what the undertaking is by clearly seeing what it is not. … It gives him no control whatever over the course of events which will lead to the establishment of the credit.

York v. . Allen

30 N.Y. 104 · New York Court of Appeals · Jan 5, 1864

*Page 110 Nor did the defendant Brown establish any defense. … In 1849 and 1850 there was but a single loan commissioner under the act of 1808 in the county of Chenango, the person appointed in 1849 refusing to qualify or act.

Beadell v. Eros Mgt. Realty LLC

2026 NY Slip Op 00962 · New York Court of Appeals · Feb 19, 2026

The Restatement puts it clearly: [FN2] "One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's [*9]person or things, is … "[A] 'defendant's negligence qualifies as a proximate cause where it is 'a substantial cause of the events which produced the injury' " ( Hain v Jamison , 28 NY3d 524, 528-529 [2016] [quoting Mazella v Beals , 27 NY3d 694

Murray v. . Fox

104 N.Y. 382 · New York Court of Appeals · Mar 1, 1887

That qualifying clause was inserted to preserve the full scope of the previous provision releasing Williams from all liability on account of, that is, originating in or springing from the mortgages. … That the taking of covenants does not impair or destroy the equitable right of the grantee to be protected against the forced payment of a debt which he has not assumed has been often decided, and is established by the cases

People v. . Hughes

137 N.Y. 29 · New York Court of Appeals · Jan 17, 1893

Conduct takes its legal color and quality more or less from the circumstances surrounding it and the intent or purpose which controls it, and the same act may be lawful or unlawful as thus colored and qualified. … They saw that he conveyed the idea strongly and clearly that unless his demand of money was complied with he could and would by threatening the hostility of the order compel the retail dealers to withdraw their custom, and

People v. Graves

76 N.Y.2d 16 · New York Court of Appeals · May 3, 1990

The trial evidence established that defendant Graves, while *24 in the act of burglarizing a Brooklyn apartment, shot and killed Tracy Smith. … The majority appears to accept this out-of-context and theoretical construct predicated on a fact pattern clearly contrary to the evidence.

The Matter of Corey Krug v. City of Buffalo

New York Court of Appeals · Nov 26, 2019

Furthermore, preserved issues include those decided by the court of instance (see Telaro v Telaro, 25 NY 433 [1969] [“it is well established that questions raised in the trial court or in the record, even if not argued in … Again, the video clearly shows that Officer Krug was in uniform and on duty when the incident occurred.

Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.

191 N.Y. 123 · New York Court of Appeals · Feb 18, 1908

There may have been companies which had franchises immune from invasion by which they were authorized to charge specific rates. … It is plain that no corporation could make its defense until it was clearly notified of what was charged against it and the proof to support such charge was given.

Baldwin v. City of Oswego

1 Abb. Ct. App. 62 · New York Court of Appeals · Dec 15, 1865

revenue, consisting principally of the annual tax; and if that is not sufficient to pay all the expenses which might properly be made, these expenses must be curtailed, or there must be a special tax voted by the electors qualified … A case clearly distinguishable from the present. The case of Baker v. City of Utica, 19 N. Y. 326 , is also relied upon by the defendant.

MATTER OF ENGELSHER v. Jacobs

5 N.Y.2d 370 · New York Court of Appeals · Mar 13, 1959

Thus, we can see that the Legislature itself, in respect to private proprietary hospitals in New York City, has established them in a separate class and has subjected them to special rules and regulations by the Board of … It is clearly settled that “in no case does the owner of property acquire immunity against the exercise of the police power because he constructed it in full compliance with existing laws ”. (Queenside Hills Co. v.

People v. . Sweeney

213 N.Y. 37 · New York Court of Appeals · Nov 10, 1914

The unanimous affirmance requires us to assume that the proof sufficed to establish corroboration of accomplices and every element of a crime. (People v. Bright, 203 N. Y. 73, 75 , 26 N. Y. Crim. 377.) … It does not clearly appear that she had knowledge that it was to be used for an unlawful purpose. The evidence was far from being sufficient to connect her as a principal in the crime charged in the indictment.

Tilton v. Beecher

14 N.Y. 176 · New York Court of Appeals · Dec 7, 1874

.” *182 If the words “ and on the other grounds stated ” had been omitted, it is very clear that the order would conclusively establish that the motion was denied solely on the ground of a supposed want of power to grant … After a careful examination of the opinion we are satisfied that it does not in any substantial respect qualify the statement in the order, that the motion was denied on the ground of want of power, and that the other grounds

Waybro Corp. v. Board of Estimate

67 N.Y.2d 349 · New York Court of Appeals · May 8, 1986

Under it the city agreed to identify goals and priorities and the parties agreed to act jointly in preparing a development program and selecting qualified developers. … The Legislature, by providing in section 4 (7) (McKinney’s Uncons Laws of NY § 6254 [7]) for the establishment by UDC of community advisory committees and in section 16 (McKinney’s Uncons Laws of NY § 6266 [2]) for public

Babcock v. Utter

32 How. Pr. 439 · New York Court of Appeals · Mar 15, 1864

In my opmion, this conclusion is in conflict with well established prmciples. … This qualified title to one-half the waters of the river was vested in the plaintiffs at the time of the commencement of the action, and it constituted the extent of their title to the water power which they were using at