Case law

Levin v. Yeshiva University

96 N.Y.2d 484 · New York Court of Appeals · Jul 2, 2001

Clearly then, this Court has recognized that the concept of "family" can include more than just married couples and their children. … At the very least, it is a question of fact whether plaintiffs' life partners qualify as members of their "immediate families."

La Van Allen v. Allen

246 N.Y. 571 · New York Court of Appeals · Nov 22, 1927

He said that the judgment rendered defeated “ the clearly expressed will of the Legislature by a construction of its words that cannot be reconciled with their ordinary meaning.” … Immunity is barbarous. Liability may result in abuse, as in all cases of liability. But justice must not be sacrified because the law may become an instrument of injustice.

Greater New York Taxi Ass'n v. New York City Taxi and Limousine Commission

25 N.Y.3d 600 · New York Court of Appeals · Jun 25, 2015

In order to qualify as a taxi in New York City, a vehicle must carry passengers for compensation and be equipped with a taxi meter; it must also be painted yellow and display a current TLC medallion, which indicate that the … Technical expertise was clearly essential to select the single best model as the ToT, but not necessarily to decide whether to limit the selection to one model (regardless of which vehicle was chosen).

Henderson v. . N.Y.C.R.R. Co.

78 N.Y. 423 · New York Court of Appeals · Nov 11, 1879

Co., 16 N.Y., 97 ) established the plaintiff's right to an injunction, and nothing need be added upon this point. … Nothing is so clearly established as the item of damage now in question and it was the inevitable result of the defendant's act.

People v. John

27 N.Y.3d 294 · New York Court of Appeals · Apr 28, 2016

Clearly, not every person who comes in contact with the evidence — for instance, analysts who are performing duplicative work, such as reviewers, those involved in the testing of controls, or certain individuals who would … In addition, OCME or a laboratory that uses a similar multiple-analyst model may adapt its operation so that a single analyst is qualified to testify as to the DNA profile testing.

Dworman v. New York State Division of Housing & Community Renewal

94 N.Y.2d 359 · New York Court of Appeals · Dec 21, 1999

City apartments renting for $2,000 or more per month, if the occupants reported a combined annual adjusted gross income in excess of $250,000 for the previous two consecutive years. 1 In order to determine which apartments qualify … Of course, a tenant who waits to supply the required information until an order of deregulation has been entered faces a far heavier burden in establishing good cause for the delay.

Henderson v. New York Central Railroad

78 N.Y. 423 · New York Court of Appeals · Nov 11, 1879

Y., 97 ) established the plaintiff’s right to an injunction, and nothing need be added upon this point. … Nothing is so clearly established as the item of damage now in question and it was the inevitable result of the defendant’s act.

Wolfgang Doerr v. Daniel Goldsmith / Cheryl Dobinski v. George O. Lockhart

25 N.Y.3d 1114 · New York Court of Appeals · Jun 9, 2015

An extension of Hastings would clearly contradict those decisions because, under Hastings , the owner of a farm animal may be held liable for his or her negligence in permitting an animal to wander unrestrained and injure … When those efforts are successful and the dog acts according to the owner’s command, that is not a vicious propensity, but should not necessarily result in the owner’s immunity from liability.

People v. . Helmer

154 N.Y. 596 · New York Court of Appeals · Jan 11, 1898

A verdict certainly does apply to such a case, *Page 611 but the word has been carefully qualified in the provision, and there it is "a verdict not directed by the court." … The question is not whether the proof tends to sustain the charge as in civil cases, but whether it is established beyond a reasonable doubt.

People v. Foley

94 N.Y.2d 668 · New York Court of Appeals · Apr 11, 2000

Our analysis in this appeal focuses on two requirements that must be established before an individual can be subjected to criminal liability under the statute. … well-being’ ” (New York v Ferber, supra, 458 US 747, 756-757 , quoting Globe Newspaper Co. v Superior Ct., 457 US 596, 607 ). “ ‘It rarely has been suggested that the constitutional freedom for speech and press extends its immunity

Baba-Ali v. State

19 N.Y.3d 627 · New York Court of Appeals · Jun 28, 2012

That element was established before the grand jury and at trial exclusively through the testimony of Dr. … claimant’s documented allegations, in now considering claimant’s summary judgment motion that assumption must give way; the question is not simply whether claimant has a claim, but whether he has by his submissions actually clearly

The Matter of 381 Search Warrants Directed to Facebook Inc. v. New York County District Attorney's Office

29 N.Y.3d 231 · New York Court of Appeals · Apr 4, 2017

That injury establishes standing. The most straightforward injury is the administrative cost of gathering the required information. … Although Johnson declined to require a state court of last resort to adhere to federal rules concerning the appealability of orders denying qualified immunity, that decision rested on three factors absent here: (1) the defendants

Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts.

32 N.Y.3d 139 · New York Court of Appeals · Oct 16, 2018

Those requirements for qualifying borrowers are styled as representations and warranties. … Where ACE and today's decision needlessly bar the parties' clearly expressed intent, Delaware understands the commercial reality of RMBS transactions.

State v. John S.

23 N.Y.3d 326 · New York Court of Appeals · May 8, 2014

The jury returned a verdict finding that respondent suffers from a mental abnormality qualifying him for civil management under article 10. … Applying this due process test in Floyd Y., we established ground rules for the admissibility of hearsay basis testimony about the respondent’s sex offenses.

People v. . Corey

148 N.Y. 476 · New York Court of Appeals · Feb 18, 1896

It seems very clear that neither of these witnesses had any such knowledge of the writing of the defendant, or any such acquaintance with it, as qualified them to give an opinion upon the question whether this letter and … A mere reading of this evidence clearly shows that there was no such identification of the letter referred to in that conversation as to render the evidence of these witnesses proof of an admission by the defendant that he

People v. Kaiser

21 N.Y.2d 86 · New York Court of Appeals · Dec 7, 1967

These *90 recordings clearly established the existence of an extortion conspiracy on the part of Granello, Dino Conte and others. As Mr. … Such authorization was necessary for the purpose of immunizing the police from prosecution for violating section 738 of the former Penal Law, since the very device which the police were apparently required to employ would

McClelland v. . Norfolk Southern R.R. Co.

110 N.Y. 469 · New York Court of Appeals · Oct 2, 1888

The reference in the coupons to the mortgage and bonds, and in the bonds to the terms and conditions of the mortgage, clearly, we think, charges the holders of both coupons, and bonds, with notice of the provisions contained … If such coupons were negotiable instruments invested with the qualities pertaining to such securities, the mortgage and bonds to which they were .attached when issued can not be resorted to, to qualify, limit or explain the

Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation

87 N.Y.2d 136 · New York Court of Appeals · Dec 5, 1995

"[G]eneral statements by the agency [through its agents or subordinates] as to its contemplated action” ought not ordinarily to qualify for such a significant exception to such an important standing-like doctrine (2 Cooper … Under the circumstances presented by this case, Lehigh gained no justification to bypass, by its own interpretation and choice, the established, promulgated and formal procedures for review and relief in the first instance

People v. Sabb

2026 NY Slip Op 01590 · New York Court of Appeals · Mar 19, 2026

of considering pre-sentence reports "before imposing sentence for a felony" (Staff Comment of Temp St Commn on Rev of Penal Law & Crim Code, 1967 Proposed NY CPL 200.20 at 261) and "strengthen[ed] th[at] policy . . . by clearly … [to] immunize plea negotiations from indiscriminate potshots" ( People v Frederick , 45 NY2d 520, 525 [1978]).

Schwaman v. . Truax

179 N.Y. 35 · New York Court of Appeals · Jun 14, 1904

He stated in part as.follows: “Jane’s will gave her property to the plaintiff and to defendant Bertha in equal shares; it was duly proved about November 29tli 1897, and Edgar and Bertha, who were named as executors, duly qualified … J., says that any fact which clearly proves it to be against conscience to execute a judgment and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law