Case law

Baird v. . Mayor, Etc., of City of N.Y.

96 N.Y. 567 · New York Court of Appeals · Oct 7, 1884

The evidence was objected to by the plaintiff on that ground, and was so far removed from the scope of any proved agency of Green’s, as to be clearly inadmissible as against the plaintiff. … Ho evidence has been given which tends in any way to qualify the legal effect of the acceptance of the property, which was not only established by the evidence out was also admitted in the answer.

Maharaj v. City of New York

44 N.Y.3d 964 · New York Court of Appeals · Apr 15, 2025

</u></div> <p>I summarize here the cases that establish this distinction and control our analysis on this appeal. … </u></div> [*8] <p>Applying these established principles of tort law easily resolves this appeal.

Da Silva v. Musso

76 N.Y.2d 436 · New York Court of Appeals · Jun 12, 1990

The italicized language clearly limits the court’s options to monetary relief in cases where the owner has exercised his rights under the unstayed judgments and transferred the property to a "good faith” purchaser for value … Plaintiff does not quarrel with these basic principles, but instead takes the position that a purchaser who has actual knowledge of a pending appeal affecting title to the property does not qualify as one acting with "good

Bell v. Board of Regents of the University

295 N.Y. 101 · New York Court of Appeals · Jan 17, 1945

Y. 148 ) and, apart from the authorities cited, the Legislature has indicated that quite clearly this year by two amendments to Education Law. … Nonetheless, the standards of conduct generally accepted by practitioners in the State of New York are not so indefinite that they cannot be determined by qualified persons.

ABN AMRO Bank, N.V. v. MBIA Inc.

17 N.Y.3d 208 · New York Court of Appeals · Jun 28, 2011

Clearly plaintiffs here were not in privity with the Superintendent. … These allegations clearly support causes of action under sections 273 and 274 of the Debtor and Creditor Law.

Albany Hospital v. . Albany Guardian Society

214 N.Y. 435 · New York Court of Appeals · Apr 13, 1915

Lathrop Memorial.’ ” Before the expiration of the year from the probate of the will when said devise in behalf of the Emmanuel Baptist Church was to “become operative,” a regularly called special meeting of the members and qualified … Lake (supra) it is in effect held that renunciation may be established by proof of acts inconsistent with acceptance.

People v. . Faber

199 N.Y. 256 · New York Court of Appeals · Oct 4, 1910

The admission of opinions as evidence by persons specially qualified by skill and experience to speak as experts has been a matter of development both in England and in this country. … Any other rule cumbers seriously the examination, and amounts in effect to changing substantially the whole examination into a voir dire— an innovation on established methods which is unwarranted by policy.”

Walsh v. New York Central & Hudson River Railroad

204 N.Y. 58 · New York Court of Appeals · Jan 9, 1912

This point is clearly illustrated in ’ Masterton v. Village of Mount Vernon ( 58 N. … It was supplemented by the testimony of a competent witness, who stated very clearly what the plaintiff’s earnings as earnings were worth. 2.

Betty L. Kimmel v. State of New York

29 N.Y.3d 386 · New York Court of Appeals · May 9, 2017

It is true that “limitations should not be read into . . . remedial statutes ‘unless the limitation[s] proposed [are] “clearly expressed” ’ ” (plurality op at 397). … The definition of “action” in section 8602 (a) clearly expresses such a limitation. .

Wells v. . Town of Salina

119 N.Y. 280 · New York Court of Appeals · Feb 25, 1890

This, we think, will clearly appear from a brief examination of the statutes. … But even if we should assume that it had been sufficiently established that the town had the full benefit of the money thus borrowed, that would not authorize the maintenance of this action.

Beardslee v. . Ingraham

183 N.Y. 411 · New York Court of Appeals · Jan 23, 1906

This proposition is stated by Chief Justice Fuller to have been repeatedly affirmed by the Supreme Court of the United States, and was perhaps most clearly and explicitly enunciated by Mr. Justice Matthews in Covell v. … The second question should also be answered in the negative provided it he qualified so as to show that the later appointment by the Mew York Supreme Court of the receivers of the corporation was in a suit instituted subsequent

Wilds v. Hudson River Railroad

23 How. Pr. 492 · New York Court of Appeals · Mar 15, 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-examination or otherwise,) two of whom had no bias for the defendants, establish affirmatively that the company did give the proper warning of approach; and as to

The People v. Terrance L. Mack

27 N.Y.3d 534 · New York Court of Appeals · Jun 7, 2016

Our adherence to 2 Contrary to the majority's view, the rule is clearly set forth in our precedent, and cannot be distinguished as mere dicta. … There is likewise no evidence that overturning this established precedent is "consistent with these principles and required by sound policy" (People v Bing, 76 NY2d 331, 338 [1990]).

State v. Donald DD.

24 N.Y.3d 174 · New York Court of Appeals · Oct 28, 2014

Examined in this light, the State’s evidence in Donald DD.’s case was clearly legally sufficient (see Matter of State of New York v John S., 23 NY3d 326, 349 [2014], rearg denied 24 NY3d 933 [2014]). … This rationale establishes an impossible standard.

People v. . Molineux

168 N.Y. 264 · New York Court of Appeals · Oct 15, 1901

Adams and its immediate cause were, therefore, clearly established. … This evidence was clearly incompetent.

Notre Dame Leasing, LLC v. Rosario

2 N.Y. 459 · New York Court of Appeals · May 11, 2004

The provision was clearly enacted because existing remedies were insufficient to combat the problems faced by tenants receiving public assistance. … Thus, only documented violations would qualify. This dispels the concern that the defense can be abused by tenants attempting to avoid paying rent (see majority op at 467).

Roberts v. Tishman Speyer Properties, L.P.

13 N.Y.3d 270 · New York Court of Appeals · Oct 22, 2009

Even accepting the majority’s point, all this means is that defendants’ reading of “become” is not clearly correct—i.e., the usage is ambiguous—not that it is clearly wrong, although this seems to be the majority’s implicit … On the other side of the equation, since at least 2000 no tenant residing in Stuyvesant Town or Peter Cooper Village has had any reason to expect immunity from the RSL’s luxury-decontrol provisions.

Sage v. Mayor of New York

154 N.Y. 61 · New York Court of Appeals · Oct 12, 1897

The foundation of the rule does not seem to have been clearly pointed out, although a review of the authorities demonstrates its existence. In Lansing v. … The plaintiff now seeks to establish an easement over the tideway against the city, and in order to do so, he must also establish it against the English crown as'well as the state of New York, and show that the sovereign,

American Economy Insurance Company v. State of New York

New York Court of Appeals · Oct 24, 2017

The Fund's Background The Fund was established in 1933. … Due Process Clause Finally, we conclude that plaintiffs cannot establish a substantive due process violation.

Ferrante v. American Lung Ass'n

90 N.Y.2d 623 · New York Court of Appeals · Oct 23, 1997

The burden then shifts to the employer "to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory reasons to support … Moreover, in accordance with the oft-recited standards for summary judgment, it is the movant who has the burden to establish his entitlement to summary judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d