Case law

Downing v. Marshall

23 How. Pr. 4 · New York Court of Appeals · Jul 1, 1861

This statute did not, therefore, expressly prohibit corporations from taking, but qualified the capacity of the devisee, and limited the power to take by will. … This language, to my mind, clearly conveys the idea that something existing was to be blotted out.

People v. Santi

3 N.Y.3d 234 · New York Court of Appeals · Oct 21, 2004

Broadly stated, it is a statute clearly designed to promote the public’s safety. … Clearly, there is record support for the trial court’s factual findings and refusal to set aside the verdict based on juror misconduct.

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 Title Guarantee & Trust Co.

291 N.Y. 376 · New York Court of Appeals · Dec 2, 1943

Clearly these are after-thoughts but we shall nevertheless discuss and consider them. … To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made with a full knowledge of all the material particulars and circumstances, and

Thompson v. Wallin

301 N.Y. 476 · New York Court of Appeals · Nov 30, 1950

Indeed “ * * * it has long been established that those freedoms themselves are dependent upon the power of constitutional government to survive. … of speech and of the press which is secured by the Constitution, does not confer an absolute right to speak or publish, without responsibility, whatever one may choose, or an unrestricted and unbridled license that gives immunity

Weed v. Tucker

5 N.Y. 422 · New York Court of Appeals · Jul 1, 1859

This is no doubt true to a qualified extent, but it is equally true in respect to all other statutory arrangements. … Where particular powers are granted to a company, if they enter upon any man’s *433 land they must clearly show their authority; and if the wordsi of the statute on which they rely are ambiguous every presumption is to be

Gospel Volunteers, Inc. v. Village of Speculator

29 N.Y.2d 622 · New York Court of Appeals · Jul 7, 1971

The issue on summary judgment relates to the extent to which a membership corporation, organized for religious purposes, can include recreational activities within its general religious purposes and still qualify for a tax … Clearly, that the taxing authority has failed to establish that the profits do in fact *628 accrue to any individual, or that any individual has a right to the property of the corporation or that profits are used for other

Howland v. . Clendenin

134 N.Y. 305 · New York Court of Appeals · Oct 1, 1892

He intended not to vest the title to the shares of the daughters in them, but in their trustees, which lie did by language clearly sufficient to limit the effect of the earlier positive language, which standing alone would … pay over the shares to the sons, and set up a trust for each of the daughters upon the terms of the present trust. *311 When persons claim rights under wills as against heirs and next of kin, the burden is upon them to establish

People v. Wesley

73 N.Y.2d 351 · New York Court of Appeals · Apr 4, 1989

Thus, despite the forebodings of the majority, an affirmance would clearly not disturb Ponder . … I think the answer is clearly no.

Bata v. Bata

306 N.Y. 96 · New York Court of Appeals · Oct 23, 1953

Four qualifying shares were retained by Wettstein and his associates. … Whether or not upon this record Marie and Tom were estopped is clearly a question of fact.

The People v. Rudolph Kaval

New York Court of Appeals · Dec 13, 2022

It is also odd because, as the majority suggests, the Appellate Division could have stated the terms of its initial remittal more clearly, to require that Mr. … The People relied on two prior convictions to establish the PVFO designation: (1) a March 27, 1987, conviction for second-degree robbery; and (2) a November 12, 1991, conviction for attempted second-degree robbery.

Schneider v. . City of Rochester

160 N.Y. 165 · New York Court of Appeals · Oct 3, 1899

The commissioners met, duly qualified, and, after inspecting the property to be taken, heard the proofs and allegations of all parties interested, made their report with the evidence taken by them, and the same was filed … We have examined the authorities in this state cited by the respondent to sustain-a contrary doctrine, but have found none which establishes a principle in conflict with the conclusion we have reached.

People v. Battles

16 N.Y.3d 54 · New York Court of Appeals · Dec 14, 2010

established Supreme Court precedent (Besser v Walsh, 601 F3d 163 [2010]). … “The Black court’s conclusion that the upper term, and not the middle term, qualifies as the relevant statutory maximum, rested on several considerations.

Matter of Mitchell v. . Boyle

219 N.Y. 242 · New York Court of Appeals · Nov 3, 1916

The opinion of the learned judge who heard it at Special Term, however, clearly shows the theory on which he granted the application. … Davies, the Court of Appeals, reversing the New York General Term by a vote of five to three, held that these facts established prima facie the election of Henry E.

Ludlam v. . Ludlam

26 N.Y. 356 · New York Court of Appeals · Mar 5, 1863

R., 583), where it is, I think, very clearly shown that, in the absence of any statute, or any decisions of our own courts, State or National, on the subject, the question of citizenship can only be determined by reference … The case, however, is not new, and I am not aware that any practical inconvenience has ever resulted to persons occupying such positions; their immunity in this respect resulting, mainly, it may be presumed, from the liberality

Nash v. . the People

36 N.Y. 607 · New York Court of Appeals · Jun 5, 1867

Consider them liable in their ministerial capacity only, and the construction of the statute accords with the established and revered principles of the common law." BEARDSLEY, J., in Wilson v. … The Mayor, etc . ( ubi supra ), clearly points out the distinction between ministerial and judicial duties, and the complete immunity secured in the discharge of the latter class, and the liability incurred in the former.

Leavitt v. . Blatchford

17 N.Y. 521 · New York Court of Appeals · Jun 5, 1858

This, Judge BRONSON, who delivered the opinion of the court, clearly shows. … The judgment of the court upon this point, in accordance with the opinion expressed by Judge GARDINER, is clearly expressed in the second resolution.

Cancemi v. . the People

18 N.Y. 128 · New York Court of Appeals · Sep 5, 1858

In this view, the certificate that one of the jurors was withdrawn is part of the postea, and qualifies it; and no basis exists for the position of the defendants in error, that these matters contradict the record. … A plea of guilty to any indictment, whatever may be the grade of the crime, will be received and acted upon if it is made clearly to appear that the nature and effect of it are understood by the accused.

People v. Barber

74 N.Y.2d 653 · New York Court of Appeals · May 9, 1989

Under traditional evidentiary principles in New York, a defendant may attempt to establish his good character only by showing his general reputation in the community. … First, although the People half-heartedly argue otherwise, the question of the correctness of the trial court’s evidentiary rulings clearly presents a "question of law” within the meaning of CPL 470.05 (2).

Camp v. . Smith

136 N.Y. 187 · New York Court of Appeals · Dec 6, 1892

As. to the $10, it does not appear clearly how that was applied, or whether it was applied at all. … In such a case it seems to me quite obvious, in the absence of qualifying circumstances, that the payments made by the individual out of his individual funds should be first applied by the court upon his individual obligations