Case law

People v. Dixon

85 N.Y.2d 218 · New York Court of Appeals · Feb 23, 1995

Clearly, the possibility that the "point out" was preceded or precipitated by police prompting is not foreclosed. … This record does not support such a conclusion, and all such encounters are not inherently suspect, qualifying for an automatic pretrial Wade hearing.

Town of Duanesburgh v. . Jenkins

57 N.Y. 177 · New York Court of Appeals · Jan 5, 1874

For, if it may bind one citizen without his consent,.it may bind all; the rights and immunities of all being no more beyond the legislative power than those of each individual. … How the consent of a town shall be given is clearly in the discretion of the legislature.

People v. . Barberi

149 N.Y. 256 · New York Court of Appeals · Apr 21, 1896

The defendant was the daughter of a tailor, and she was herself employed in an establishment at that business, thus contributing to her support and that of the family. … We think that this part of the charge was clearly erroneous.

Sibbald v. . the Bethlehem Iron Company

83 N.Y. 378 · New York Court of Appeals · Jan 18, 1881

Y. 462 ) it *382 was declared that the authorities clearly establish the proposition that until the broker has faithfully discharged the obligation assumed in the contract with his principal, he is not entitled to his agreed … At its very close, and as the last words left with the jury, the doctrine, before correctly announced, is qualified by the introduction of a new and wrong element which could scarcely fail to lead the jury astray.

Kramer v. Phoenix Life Insurance

15 N.Y.3d 539 · New York Court of Appeals · Nov 17, 2010

I would answer the certified question with a qualified yes: My view of New York law is that where, as in this case, an insured purchases a policy on his own life for no other purpose than to facilitate a wager by someone … As I read the 1991 amendment, it codified not only the free assignability rule, but also the anti-wagering exception to it— although I admit it could have expressed the exception much more clearly.

Lord v. Equitable Life Assurance Society of the United States

194 N.Y. 212 · New York Court of Appeals · Feb 9, 1909

By comparing the first statute passed in relation to life and fire insurance with the act of 1853 which took its place in part, the purpose of that provision is clearly disclosed. (L. 1849, ch. 308.) … While existing charters were immune, there was a fixed and unalterable intention to do away with the effect of the Dartmouth College case upon the charter of .every corporation subsequently granted. *225 The intention was

State Farm Mutual Automobile Insurance v. Fitzgerald

25 N.Y.3d 799 · New York Court of Appeals · Jul 1, 2015

there, this Court decided only that New York City as a self-regulating insurer did not have to provide liability coverage for police vehicles under Insurance Law § 3420 (e) and (f) (1) because a police vehicle does not qualify … Rather, Fitzgerald could only qualify for SUM coverage under the statutorily required SUM clause in Knauss’s policy, which limited coverage to occupants of statutory “motor vehicles.”

MATTER OF TAYLOR v. Sise

33 N.Y.2d 357 · New York Court of Appeals · Feb 12, 1974

Clearly, it assaults the very integrity of the judicial article by artful manipulation of its terms and arrogates power to the executive in derogation of the independence of the judiciary. … The constitutional issue raised by petitioners certainly qualifies as fundamental.

People v. Taylor

9 N.Y.3d 129 · New York Court of Appeals · Oct 23, 2007

This risk deprives defendants of the well-established right to a fair trial under our case law and the State Constitution” (LaValle, 3 NY3d at 120 n 15). … We are not presented with such a situation here as our constitutional ruling on CPL 400.27 (10) does not render the statute immune from legislative correction.

The People v. Howard S. Wright

25 N.Y.3d 769 · New York Court of Appeals · Jul 1, 2015

The People's case was circumstantial because there were no eyewitnesses to the crime and no forensic evidence that clearly established defendant's guilt. … However, prosecutorial misconduct is not immune to attack by defense counsel merely because it occurs during the course of summation.

People Ex Rel. Stabile v. . Warden, Etc.

202 N.Y. 138 · New York Court of Appeals · May 9, 1911

Under the rule established the safeguard of the public and of persons charged with crime against an improper discharge of a jury rested in the good judgment and integrity of the judges. … Y. 556 ) that “ Except in rare cases where the facts before the court cannot be materially changed, qualified or explained the determination of important issues ought not to be made in a habeas corpus proceeding.”

Phillips v. Taylor

1 Silv. Ct. App. 9 · New York Court of Appeals · Jan 26, 1886

TAYLOR.” *15 This letter clearly indicated to the plaintiff that the defendant regarded the contract as having been violated, and the plaintiff as being liable for the damages, and that whatever deliveries were subsequently … ; and, on being interrogated, on his cross-examination by the plaintiff, with respect to his testimony on that subject given on a former trial of this case in regard to his messages through Dedell, he stated: “I wish to qualify

The Matter of Tina Leggio v. Sharon Devine

New York Court of Appeals · Feb 13, 2020

, their unearned income still qualified as income of the household pursuant to 7 CFR 273.11(c)(1). … its policies as clearly as a published set of rules or instructions in a handbook might have, we defer to the agency’s rational policy, as asserted now with support in its previous findings, that the child support 7

Albert v. . Sweet

116 N.Y. 363 · New York Court of Appeals · Oct 22, 1889

Upon the evidence the question of contributory negligence of the plaintiff was clearly one of fact for the referee to determine. … The distance within which the train could at that time and place have been stopped, was a subject not very definitely established by the evidence.

Young v. . Valentine

177 N.Y. 347 · New York Court of Appeals · Feb 9, 1904

From the evidence the learned referee was clearly justified in finding that the defendant was under legal obligation to support his own family, and that his wife did not consent to the application of her property to that … Did you ever undertake, from the time your husband qualified as administrator to your father’s estate and took charge of your property as your agent, did you ever impose any limitations on his authority to act up to December

City of New York v. Maul

14 N.Y.3d 499 · New York Court of Appeals · May 6, 2010

The Appellate Division further observed that CPLR 901 (a) (2) “clearly envisions authorization of class actions even where there are subsidiary questions of law or fact not common to the class” (id.). … observed that each of the plaintiffs asserted that, when they were referred to OMRDD, OMRDD failed to provide timely services, often placing them on open-ended waiting lists. 10 These *513 allegations, if true, would tend to establish

People v. Flores

84 N.Y.2d 184 · New York Court of Appeals · Jul 7, 1994

There was no acknowledgement that it even technically qualified as Rosario material. … A substantial, single "blunder" could, of course, qualify, but that is not this case and that ought not be the newest per se orthodoxy.

People v. Sayavong

83 N.Y.2d 702 · New York Court of Appeals · May 10, 1994

Clearly, the limited statutory exception for the presence of an "operator” was created with a singular, ministerial purpose — to facilitate the taking of videotaped testimony of child witnesses — and was not intended to create … In establishing rules of law, this Court never acts in the abstract. It applies legal principles to the particular evidence in the record.

People v. Thibodeau

31 N.Y.3d 1155 · New York Court of Appeals · Jun 14, 2018

County Court clearly did not engage in any mechanical or categorical rejection of the witnesses' testimony ( compare Tankleff , 49 AD3d at 181 ). … Other {**31 NY3d at 1180}times, the statements were made as a blatant commentary that the declarant was immune to prosecution because the victim would never be found and the wrong persons—the Thibodeau brothers—were blamed

Marsh v. Falker

40 N.Y. 562 · New York Court of Appeals · Jun 15, 1869

But the distinction is one that is well founded in fact and clearly maintained in law ; and where nothing is exhibited by the evidence that, fairly and reasonably construed and understood, will lead to the conclusion that … There is no established principle of law which will render a person liable for the consequences resulting from mistakes of that character.