Case law

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

O'Brien v. Commissioner of Education

4 N.Y.2d 140 · New York Court of Appeals · Mar 27, 1958

Although the exercise of that jurisdiction where the facts are clearly established, may appear similar in practice to use of administrative power, in essence it is different and its exercise is more carefully safeguarded … But the taking of testimony cannot be prohibited under the rule-making power, nor even by statute, in a judicial or quasi-judicial proceeding where the facts are in dispute or are not clearly established, without violating

Galapo v. City of New York

95 N.Y.2d 568 · New York Court of Appeals · Nov 30, 2000

The language of the statute is all encompassing and clearly can include a rule of a department, such as the Patrol Guide. … One is that the Patrol Guide is an internal manual and “not a body of law or regulation establishing clear legal duties that should *581 serve as a basis for civil liability of municipalities.”

Reisert v. . City of New York

174 N.Y. 196 · New York Court of Appeals · Mar 24, 1903

The opinion states: "The proof by which the recoverable general damages may be established does not seem to be well understood. … We refrain from expressing any opinion generally as to when profits, as such, may be recovered in actions of this kind, nor do we intend to qualify our decision in the Forbell Case ( supra ), resting, as it does, upon its

Lincoln Building Associates v. Barr

1 N.Y.2d 413 · New York Court of Appeals · Jul 11, 1956

Applying these tests to the case at bar, we are of the opinion that the so-called office rent control law is clearly constitutional, and may not be invalidated by these proceedings. … The extensions of the Business Rent Law in 1955 and 1956 neither afford the law immunity from attack nor endow it with validity or justification. In Municipal Gas Co. v.

G. C. Murphy Co. v. Reserve Insurance

54 N.Y.2d 69 · New York Court of Appeals · Oct 29, 1981

.; Ill Rev Stat, ch 73, § 833.1 et seq.) 3 Because Illinois qualifies as a “reciprocal state” (Insurance Law, § 517, subd 7; see Kelly v Overseas Investors, 24 AD2d 157 , revd on other grounds 18 NY2d 622 ), this State must … No such deficiency has been established or is sought in the present action and, therefore, subdivision 4 of section 522 of the Insurance Law does not apply to this case.

Komp v. . Raymond

175 N.Y. 102 · New York Court of Appeals · May 1, 1903

All these facts the plaintiff offered to establish by proof, to which the defendant objected and the objection was sustained. … Those cases are unlike and clearly distinguishable from the case at bar and are not in conflict with the cases already cited.

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.

Ernst v. . Hudson River Railroad Co.

35 N.Y. 9 · New York Court of Appeals · Mar 5, 1866

Co., the same rule was clearly announced. … If there is any conflict in the evidence going to establish any of the circumstances upon which the question depends, it must be left to the jury.

Tracy v. . Talmage

14 N.Y. 162 · New York Court of Appeals · Jun 5, 1856

The maxim, ex dolo malo non oritur actio is qualified by another, viz., in pari delicto melior est conditio defendentis . … It overlooks distinctions which are clearly settled.

Society of Plastics Industry, Inc. v. County of Suffolk

77 N.Y.2d 761 · New York Court of Appeals · May 9, 1991

We conclude that, based on the tenuous assertion of harm it would suffer, Wittman has failed to qualify for standing to maintain this particular claim. … Clearly, the zone of interests, or concerns, of SEQRA encompasses the impact of agency action on the relationship between the citizens of this State and their environment.

Fire Ass'n v. General Handkerchief Corp.

304 N.Y. 382 · New York Court of Appeals · Jul 15, 1952

Certainly, the parties are properly before the Supreme Court and, just as clearly, the subject matter, non-federal in nature, is within the cognizance of the state court. … Although the qualifying words “ in such suit ” were omitted in the revision of 1948, there is no evidence of any design on Congress ’ part to extend the jurisdiction of the federal courts in that respect.

Pharmaceutical Manufacturers Ass'n v. Whalen

54 N.Y.2d 486 · New York Court of Appeals · Dec 22, 1981

The principles of law applicable to the facts of this case are by now well established. … Plaintiffs have come forth with no showing that “the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits.” (Pike v Bruce Church, 397 US 137,142 .)

CDR Créances S.A.S. v. Cohen

23 N.Y.3d 307 · New York Court of Appeals · May 8, 2014

In exchange for immunity from prosecution, the Habibs testified to an extensive, systematic effort to conceal from Supreme Court Maurice and Leon’s efforts to conceal proceeds from the $33 million sale of the New York Flatotel … Moreover, no direct evidence established that she participated in the meeting regarding the false deposition testimony.

People v. Suazo

32 N.Y.3d 491 · New York Court of Appeals · Nov 27, 2018

[FN11] Defendant is correct that at least one of the charges lodged against him—criminal obstruction of breathing or blood circulation ( see Penal Law § 121.11)—qualified as a deportable offense. … That presumption can be overcome, however, in the "rare situation" when "additional statutory penalties" are "so severe that they clearly reflect a legislative determination that the offense in question is a 'serious' one

Underhill v. . Schenck

238 N.Y. 7 · New York Court of Appeals · Apr 1, 1924

But he was doing much more as his contract clearly shows. … It did not qualify his warranty of title, nor condition his invitation to the buyer to go forward with production.

Langdon v. . Astor's Executors

16 N.Y. 9 · New York Court of Appeals · Sep 5, 1857

Clearly, if it had been transferred to her for a valuable consideration, or as a gift intended by its terms to be cumulative, the legacy would not have been affected. … The fact which is established, that all the testamentary papers which are material in this case were actually executed and attested at or about the time they bore date, is hostile to this position.

Dell Publishing Co. v. Stanley Publications, Inc.

9 N.Y.2d 126 · New York Court of Appeals · Jan 19, 1961

Defendant’s magazine, they said, is clearly “distinguishable from plaintiff’s, and cannot reasonably be mistaken for it.” … Although, as suggestive, it may still be a valid trade-mark, it does not here qualify since it has not become identified, in the minds of the public, with the origin of the goods (Telechron, Inc., v.

Rudolf Steiner Fellowship Foundation v. De Luccia

90 N.Y.2d 453 · New York Court of Appeals · Jul 2, 1997

The record in that case established that the prior owner of the property operated a home which cared for children suffering from cardiac ailments. … The Board makes a floodgate argument that a judicial recognition of the Foundation’s vested rights to complete the proposed second apartment alteration to Building 10 would render the Foundation immune from the application

Potter v. . Ogden

136 N.Y. 384 · New York Court of Appeals · Jan 17, 1893

Hall was appointed administrator of his estate, and after duly qualifying entered upon the performance of his duties. … I think it was clearly insufficient for several reasons.