Case law

Matter of Wendell v. Lavin

246 N.Y. 115 · New York Court of Appeals · Jul 20, 1927

The board of supervisors of Albany county on May 8, 1900, passed a resolution pursuant to the above acts establishing the office of commissioner of jurors for that county. … The latter act repealed chapter 557 of the Laws of 1894, as amended by chapter 679 of the Laws of 1896, only in a qualified way. There was no complete repeal.

Baldwin Union Free School District v. County of Nassau

22 N.Y.3d 606 · New York Court of Appeals · Feb 18, 2014

First, the County Charter, as established by the legislature, does not vest in the County the right to repeal a special state tax law. … County Charter § 154 does not supply the necessary legislative rights so clearly absent from section 151.

Bascom v. . Albertson

34 N.Y. 584 · New York Court of Appeals · Mar 5, 1866

It was maintained, in the opinion in the Williams case, that these provisions are inapplicable, where the power of alienation is suspended by a limitation to charitable uses; though this view seems to have been qualified, … to be administered through agencies and organizations sanctioned *621 by legislative authority, and not by the intervention of private trustees, deriving perpetual succession through the will of a testator, and claiming immunity

Holtzman v. Goldman

71 N.Y.2d 564 · New York Court of Appeals · Apr 26, 1988

Justice Goldman subsequently executed an order dismissing the case under CPL 290.10 based upon the People’s failure to establish a legally sufficient case. … "Even in those rare circumstances where an arrogation of power [this case does not nearly qualify for that ranking] would justify *579 burdening the judicial process with collateral intervention and summary correction, the

United States Fidelity & Guaranty Co. v. American Re-Insurance Co.

20 N.Y.3d 407 · New York Court of Appeals · Feb 7, 2013

But to say that a cedent’s allocation decisions are entitled to deference is not to say that they are immune from scrutiny. … At least the Armstrong World Indus, case clearly held that the all sums approach was accepted in California, and the reinsurers cite no authority contrary to that decision.

Matter of Larchmont Pancake House v. Board of Assessors

New York Court of Appeals · Apr 2, 2019

In particular, the parties dispute (1) whether petitioner is qualified, as a non-owner, to seek administrative review pursuant to RPTL 524 (3), and (2) whether petitioner is an “aggrieved party” with standing to maintain … The members of happy families often do not execute formal written agreements with each other, though they clearly understand and perform the bargained-for agreements between and among them.

People v. Shader

2024 NY Slip Op 05873 · New York Court of Appeals · Nov 26, 2024

Shader's 2003 misdemeanor conviction for attempted auto stripping and attempted possession of burglar tools; (2) the "seriousness" of his 1977 SORA-qualifying conviction; and (3) sexual offenses committed before the SORA-qualifying … (In contrast to this clearly preserved argument, the majority resorts to an argument that neither a party nor court ever raised [ see infra at 10, n 14]).

AFFILIATED DISTILLERS v. State Liq. Auth.

24 N.Y.2d 31 · New York Court of Appeals · Feb 20, 1969

But, quite plainly, the Legislature did not undertake to control this kind of discrimination, nor — and this is most important — to establish any standards or criteria for doing so. … However, even if the Authority's action were well within the compass of section 107-a, it would not be immune to judicial review.

Whitley v. Klauber

51 N.Y.2d 555 · New York Court of Appeals · Nov 25, 1980

The declaration in subdivision (7) of section 108 seriously undermines, if it does not eradicate, the suggestion that a limited partner is immunized from the claim of an unpaid existing creditor simply because he took no … As we held in Kittredge v Langley ( 252 NY 405, 420 , supra), “The equity thereby established in favor of the partnership is one to which creditors succeed.”

Amaro v. City of New York

40 N.Y.2d 30 · New York Court of Appeals · Jun 8, 1976

The court found that the city had not established a chain of custody. The sole missing link in the chain was that of the medical officer’s driver. … The medical officer did testify as to the manner in which he drew the sample and a qualified chemist employed by the well-established private laboratory explained the procedure he followed in conducting the analysis.

Hazard v. . Caswell

93 N.Y. 259 · New York Court of Appeals · Oct 2, 1883

The trade-mark was of course the property of the firm, but not property situated in Newport, and while it-might follow a general transfer of Caswell’s interest in the entire property of the firm, it is excluded by the qualifying … Indeed, it seems to be clearly settled that a partnership trade-mark is an asset of the firm, salable on a dissolution like any other asset. (Lindley on Partnership, vol. 2, 863, 4th ed.) It is so treated in Huwer v.

Quinlan v. Cecchini

41 N.Y. 686 · New York Court of Appeals · May 10, 1977

Specifically, those facts which at one time might have tended to establish a "hidden danger” are now subsumed in the broader consideration of whether there has been reasonable care. … That was clearly a question of fact. (See, generally, James, Tort Liability of Occupier of Land: Duties Owed to Licensees and Invitees, 63 Yale LJ 606, 630.)

Van Nostrand v. Moore

7 N.Y. 12 · New York Court of Appeals · Jan 21, 1873

He says: “ Our first duty is to construe the will; and this we must do exactly in the same way as if the rule against perpetuity had never been established, or was repealed when the will was made; not varying the construction … But whether he intended to qualify this by providing that on the death of each child one share should be sold and the proceeds divided as directed in the first part of the will, or that such share with the others should continue

In re the Assessments of Lands in the Town of Flatbush

15 N.Y. 398 · New York Court of Appeals · Apr 13, 1875

The provisions for the apportionment of benefits is qualified and limited by the ninth section of the act, which contains a declaration that all the provisions of the acts of 1861, 1864 and 1866, as to the issue, use and … The assessments in question were laid since title to the park had been acquired, the park located, and the improvement permanently established.

In re Klein

309 N.Y. 474 · New York Court of Appeals · Jan 12, 1956

J., § 40:6-1 et seq.) provide that if twenty-five or more qualified freeholders of the political subdivision involved swear to and subscribe to a petition setting forth “ that they have cause to believe that the moneys of … In New York both the imposition of costs as well as the injunctive order are mandatory if the facts alleged in the petition be established.

Robert R. Burton v. New York State Department of Taxation and Finance

25 N.Y.3d 732 · New York Court of Appeals · Jul 1, 2015

Plaintiffs therefore contend that as nonresident shareholders they are immune from income taxation on their pass- through pro rata shares of the JBS transaction earnings. … Nonetheless, because the history of Article 16, § 3 so clearly establishes that the plaintiffs' interpretation is at variance with the intended purpose of this section, we think the historical documents and the matters debated

The People v. Gordon Gross

26 N.Y.3d 689 · New York Court of Appeals · Feb 18, 2016

Additionally, defendant argued that his trial counsel was ineffective for failing to consult or present testimony from a qualified independent medical expert to support his contention that no sexual abuse occurred. … No abuse occurred in this case, as the record clearly indicates that defendant's trial counsel was not ineffective. Accordingly, the Appellate Division order should be affirmed.

Delaware, Lackawanna & Western Railroad v. Slocum

299 N.Y. 496 · New York Court of Appeals · Jul 19, 1949

It will be noted that the wording of the statute with respect to the submission of disputes to the Board is “ may be referred ” which is clearly not mandatory. … That case not only does not support appellant’s position, but on the question of the jurisdiction of the courts, it is clearly to the contrary.

Board of Education v. Nyquist

57 N.Y.2d 27 · New York Court of Appeals · Jun 23, 1982

The State-wide $360-per-pupil flat grant provided by State aid legislation is immune from attack under the equal protection clause, for on its face there is no inequality in this per pupil distribution of State aid which … What was then, and what over the years since, has been urged on the Legislature as sound educational policy is to be clearly distinguished from the command laid on the Legislature by the Constitution. .

Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.

170 N.Y. 278 · New York Court of Appeals · Apr 1, 1902

This issue is not only disposed of by the former action, but the provisions of the contract, already quoted in full, bearing on this point, very clearly establish, in express terms, the right of defendants to mine their coal … It would seem to require no argument to establish the proposition that the acceptance of royalties under the contract and the bringing of actions in affirmance thereof are clearly a waiver of the right to terminate it for