Case law

The People v. Anthony DiPippo

27 N.Y.3d 127 · New York Court of Appeals · Mar 29, 2016

Defendant did not submit an affidavit from Gombert’s former girlfriend, or any of the witnesses who defendant asserted could establish Gombert’s relationship with the victim. … Even assuming Gombert’s alleged statements to Santoro qualified as a declaration against penal interest, I nevertheless cannot conclude that the trial court abused its discretion as a matter of law in precluding evidence

Owens v. . the Missionary Society of the M.E. Church

14 N.Y. 380 · New York Court of Appeals · Sep 5, 1856

That the bequest *Page 385 to the missionary society is absolute, and not qualified or limited by any trust whatever; and Secondly. That it is valid as a charity. … Hobart reports their decision thus: "And we resolved clearly that it was within the relief of the statute of 43 Elizabeth .

Long Island R.R. Co. v. . City of New York

199 N.Y. 288 · New York Court of Appeals · Oct 11, 1910

” Does not this line of argument lead to inevitable absurdities which clearly reveal tiie necessity for a general law? … Was not this proposed trolley line, this “feeder” to the established railroad, regarded as a surface street railroad?

In re Dodge

25 N.Y.2d 273 · New York Court of Appeals · Jul 1, 1969

The settlor, son of the trustee, established an inter vivos trust on January 24, 1956. … But at least the ancient rule survives to this extent, that to transform into a remainder what would ordinarily be a reversion, the intention to work the transformation must be clearly expressed ” (225 N.

Baldwin v. City of Oswego

2 Keyes 132 · New York Court of Appeals · Sep 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. The City of Utica ( 19 N. Y., 326 ) is also relied upon by the defendant.

In re of an Investigation into the Death of Jon L.

56 N.Y.2d 288 · New York Court of Appeals · Jun 17, 1982

Needless to say, most often facts which would establish probable cause will also tend to establish the high degree of relevance the nontestimonial evidence sought would have (Schmerber v California, 384 US, supra, at p 770 … When, as here, the body is to be invaded, the procedure should be carried out by a qualified physician in accordance with accepted medical standards (Schmerber v California, 384 US, supra, at pp 771-772).

North Syracuse Central School District v. New York State Division of Human Rights

19 N.Y.3d 481 · New York Court of Appeals · Jun 12, 2012

association which holds itself out to the public to be non-sectarian and exempt from taxation pursuant to the provisions of article four of the real property tax law to deny the use of its facilities to any person otherwise qualified … This language clearly indicates that “every individual”—including every school-age child—has a right to adequate education and that the SDHR has the authority, on behalf of “every individual,” to prevent discrimination in

Benedict v. . Arnoux

154 N.Y. 715 · New York Court of Appeals · Jan 11, 1898

It does not clearly appear who originated the plan, but the first conversation took place between Phyfe and William H. Arnoux. … This has reference to facts conceded, uncontroverted, established by records or found by the trial court.

Liff v. Schildkrout

49 N.Y.2d 622 · New York Court of Appeals · Mar 27, 1980

Perhaps the most forthright justification for the refusal by the courts of this State to establish a common-law cause of action for wrongful death is the very existence of the statutory right. … The Legislature, by including the pecuniary injury limitation in its statutory scheme, clearly intended that damages for loss of consortium should not be recoverable in wrongful death actions.

Burger King, Inc. v. State Tax Commission

51 N.Y.2d 614 · New York Court of Appeals · Dec 22, 1980

Davmor Industries, Inc., a wholly owned subsidiary of Burger King, manufactures restaurant equipment for sale to Burger King establishments. … Though it held the food and drink was tangible personal property, it decided that the packaging did not qualify for the exclusion because it was neither a physical component part of the product nor sold by Burger King for

Caruso v. Ward

72 N.Y.2d 432 · New York Court of Appeals · Oct 25, 1988

In Patchogue we considered the constitutionality of a public school’s declared policy requiring across-the-board urinalysis drug testing of all probationary teachers as a condition to qualifying for tenure. … Clearly, there is a direct correlation between the substantive work of an OCCB member and drugs that must be considered in evaluating the magnitude of petitioners’ privacy interest in not being tested for drug use on the

Gleason v. Gleason

26 N.Y.2d 28 · New York Court of Appeals · Jan 21, 1970

a divorce,” went on to say that “ [d]ecrees obtained after September 1, 1966 would appear to be qualified and it may be argued that decrees obtained prior to that date would be similarly satisfactory.” … Legislature, modifying the proposed bill, chose to amend both subdivisions so as to prohibit the retroactive operation only of subdivision (6), and made both amendments effective immediately (L. 1968, ch. 700, § 3), “it clearly

Henry v. . Root

33 N.Y. 526 · New York Court of Appeals · Sep 5, 1865

Gerrish ( 8 N.H., 574 ), the Supreme Court of that State say: "An acknowledgment of a subsisting debt, when a claim has been barred by the statute of limitations, furnishes evidence, unless explained or qualified, from which … There is some difficulty, in cases like the present, in understanding clearly what is meant by a ratification. * * * But, whatever *Page 549 difficulty may exist, the case clearly recognizes ratification as something distinct

People v. Jacoby

304 N.Y. 33 · New York Court of Appeals · Apr 17, 1952

Clearly, then, the requisite information was lacking, and its absence constitutes a jurisdictional defect which cannot be cured or overcome by waiver or consent or by plea of guilty. … While failure to question the information’s legal adequacy in the trial court may render it immune from challenge on appeal, where the essential elements of the crime charged have been established by evidence adduced at a

Hutton v. . Benkard

92 N.Y. 295 · New York Court of Appeals · Apr 24, 1883

The will was admitted to probate May 9,1879, and letters testamentary were *300 issued to the defendants Landon and Corse, as executors, who qualified and entered upon their duties as such. … Clearly in the nature of things there is no reason why a gift or bequest of personal property, with a power of disposition, should not be measured by the same rule as a grant or devise of real estate with the same power.”

Ezrasons, Inc. v. Rudd

2025 NY Slip Op 03008 · New York Court of Appeals · May 20, 2025

To qualify as a member under English law, a party must be a legal owner of shares and have their name recorded on the company's official register of members. … Section 907 does, after all, clearly apply to foreign corporations.

Nicoll v. New-York & Erie Railroad

2 N.Y. 121 · New York Court of Appeals · Dec 15, 1854

The fee was qualified in this case' by a condition subsequent; the grant was upon the express condition that the railroad should be constructed by the corporation within the time prescribed in the act of incorporation, *136 … A breach, consequently, is established.

Finn v. City of New York

282 N.Y. 153 · New York Court of Appeals · Mar 5, 1940

Thus a statutory and compulsory accord and satisfaction is established, in effect for all purposes a reduction of salary by legislative fiat in spite of the constitutional provision that it cannot be done. … expressed or necessarily implied purpose, is as clearly void as if in express terms forbidden.

In re the Accounting of Krooss

302 N.Y. 424 · New York Court of Appeals · May 24, 1951

And, since that is so, additional language will not be read as qualifying or cutting down the estate unless that language is as clear and decisive as that which created the vested remainder. (See, e.g., Goodwin v. … When a will contains language that has acquired, through judicial decision, a definite and established significance, the testator is taken to have employed that language in that sense and with that meaning in mind.

Melendez v. Wing

8 N.Y.3d 598 · New York Court of Appeals · Jun 7, 2007

payments which shall be provided to persons, determined to be eligible for or receiving federal supplemental security income benefits and/or additional state payments, who have been medically diagnosed as having acquired immune … This language clearly supersedes any inconsistent provisions of state law — which necessarily includes section 131-c (1) — and, *610 of course, Congress repealed the federal invisibility rule in 1996.