Case law

Campaign for Fiscal Equity, Inc. v. State

86 N.Y.2d 307 · New York Court of Appeals · Jun 15, 1995

Privileges and Immunities Clause of the Fourteenth Amendment of the United States Constitution. … The Court stated: "This, then, establishes the framework for our analysis.

Matter of People (Second Russian Ins. Co.)

256 N.Y. 177 · New York Court of Appeals · May 12, 1931

Mutzen *180 becher, Jr., of Hamburg, Germany, a partnership, for the establishment of a branch office in New York city, to conduct reinsurance business in the United States. … Moneys which must be “ paid over ” are clearly moneys which constitute a specific fund held for the benefit of the enemy. “ A demand for the conveyance, transfer, assignment, delivery and payment of money or other property

People v. Carncross

14 N.Y.3d 319 · New York Court of Appeals · Mar 25, 2010

At no point did defendant argue, as he does now, that the evidence failed to establish he acted with the requisite mens rea. … Although rare, a single, substantial error by counsel may "so seriously compromise[] a defendant's right to a fair trial [that] it will qualify as ineffective representation" ( id. ).

Maryland Casualty Co. v. Central Trust Co.

297 N.Y. 294 · New York Court of Appeals · Apr 22, 1948

He qualified and filed a bond of the plaintiff company conditioned upon his accounting for all moneys and assets of the estate and the faithful performance of his official duties. … Defendant does not contend in its brief that plaintiff has not established a prima facie case as to either action.

People v. Higgins

5 N.Y.2d 607 · New York Court of Appeals · Apr 17, 1959

In that case, however, the defendant had provided himself with an iron bar, taken it to the apartment in question, and used it to commit the crime, the motive for which was clearly robbery. … This testimony was objectionable for the same reasons specified in the Barber, case {supra), despite an effort to dress it up as an opinion which only an expert was qualified to give (see, also, People v. Creasy, 236 N.

Hammond Oil Co. v. Standard Oil Co.

259 N.Y. 312 · New York Court of Appeals · Jun 7, 1932

The doctrine that neither partner, in the business and affairs of the partnership, may sell or buy for himself to the exclusion of the other, is qualified by the proviso that the transaction be initiated during the term of … Clearly, this did not make Standard Oil a partner of Imbrie. It is true that the sale of a partnership interest by one partner does not necessarily dissolve the partnership.

Matter of Codey (Capital Cities, Abc)

82 N.Y.2d 521 · New York Court of Appeals · Nov 22, 1993

The purpose of the Uniform Act was to establish a simple and consistent method for compelling the attendance of out-of-State witnesses ( see generally , Practice Commentary, op. cit. , at 306). … That dubious fallout is accomplished despite the fact that the requested information is facially protected as privileged press materials and is generally immune from governmental interference, chilling activities and inquisitive

Sun Printing & Publishing Ass'n v. Mayor of New York

152 N.Y. 257 · New York Court of Appeals · Mar 23, 1897

Common highways are clearly within the provisions of the Constitution for a “ city purpose.” Railroads, as we have shown, are highways and constructed for the same purpose as the common highways. … Our government was established by the pieople for their own protection and welfare. Their policy was to foster and pirotect individual industry and enterprise.

Levandusky v. One Fifth Avenue Apartment Corp.

75 N.Y.2d 530 · New York Court of Appeals · Apr 5, 1990

However, he also advised that any change in an established old piping system risked causing difficulties ("gremlins”). In Flynn’s view, such alterations were to be avoided whenever possible. … evaluate what are and must be essentially business judgments * * * by definition the responsibility for business judgments must rest with the corporate directors; their individual capabilities and experience peculiarly qualify

State of Michigan v. . Phoenix Bank

33 N.Y. 9 · New York Court of Appeals · Jun 5, 1865

Lothrop’s written statement seem to have been adopted as the truth, and they clearly have a bearing upon the findings of the .judge, Mr. … "With the facts found in this case, standing unreversed— with active premeditated fraud so clearly established—unless courts can repudiate the sentiment that righteousness exalts • the administration of justice, as well as

People v. . Richards

108 N.Y. 137 · New York Court of Appeals · Jan 17, 1888

It is thus seen that up to the time of the adoption of the Penal Code, the structures in regard to which burglary could be committed had been quite clearly defined, and the term “ building ” as used in connection with the … Such, for example, as the fire law in cities; the English reform act of 1832 (§ 27) as to what sort of a building was within the section of that act as ■qualifying the owner or the tenant to vote; also the English ■act in

In the Matter of Opening Eleventh Avenue

81 N.Y. 436 · New York Court of Appeals · Sep 21, 1880

The general principle which lies at the foundation of the decision of the referee is too well established by authority to admit of disjmte. (Livingston v. … This clearly includes parties having a perpetual easement.

Baucus v. Barr

10 N.Y. St. Rep. 683 · New York Court of Appeals · Oct 11, 1887

But they qualify this statement by adding, “it will not for all purposes stand upon the same footing as if he had actually received the money,” and instanced the fact that he could not, in case of his total inability to pay … In this view of the case, a breach of the bond in suit was not established. Judgment affirmed, with costs.

Hadden v. Consolidated Edison Co.

34 N.Y.2d 88 · New York Court of Appeals · May 1, 1974

provision of the “ Pension Plan for Retirement for Age ” (hereinafter “ Pension Plan ” or “ Plan ”), retired, and began receiving pension payments in February, 1968. 1 *92 In November, 1969, Hadden testified under grant of immunity … Even assuming the board’s action could be viewed as an “ interpretation ’ ’ of the Plan rather than, as is apparent, a modification or amendment, it would be inconsistent with the above provision clearly requiring that even

People ex rel. Bank of the Commonwealth v. Commissioners of Taxes & Assessments

9 N.Y. 192 · New York Court of Appeals · Jun 15, 1861

Nothing was necessary but that the political corporation, which it was proposed to establish, should be endowed with the faculty of borrowing on the public credit. … Undoubtedly the Federal Government could enter the money market with greater advantage, if it could promise to the lenders an immunity against State taxation in respect to the money to be loaned.

S.B. v. A.C.C.

28 N.Y.3d 1 · New York Court of Appeals · Aug 30, 2016

But here we do not consider whether to allow a third party to contest or infringe on those rights; rather, the issue is who qualifies as a “parent” with coequal rights. … We note that by the use of the term “either,” the plain language of Domestic Relations Law § 70 clearly limits a child to two parents, and no more than two, at any given time. .

Kuhn v. City of New York

274 N.Y. 118 · New York Court of Appeals · Apr 27, 1937

Its purpose was clearly to notify those using the boat to maintain order and avoid confusion and to save themselves from danger and prosecution for misbehavior on the boat. … Plaintiff established as part of her case that J. Francis Carlin, an officer of the Carlin Company, had exclusive charge of all arrangements for and supervision over ferry service.

Personeni v. . Goodale

199 N.Y. 323 · New York Court of Appeals · Oct 11, 1910

It includes a discretionary power of sale, as follows ; “ If at any time my executors, or *327 such of them as shall have qualified, the survivors or survivor of them, shall deem it for the best interest of my said estate … They received it for the estate and were clearly liable to account therefor to the petitioner.” (P. 444.) In Coogan v. Ochershausen (11 Civ. Pro.

Craig v. . Town of Andes

93 N.Y. 405 · New York Court of Appeals · Oct 9, 1883

It is qualified or conditional. We desire, they say, the company to he aided, provided, or on condition, that the line of the road is as we indicate. … Its title indicates its object, and the act itself clearly relates to a different matter from the one on which the difficulty arises. “ It shall be competent,” it declares, “ for any corporation, in aid to the construction

Tifft v. . City of Buffalo

82 N.Y. 204 · New York Court of Appeals · Sep 28, 1880

This clearly was not a bill for laying out, opening, altering or discontinuing a road. It may be doubted whether this act, supposing it one to originate the work, is in conflict with this provision of the Constitution. … Y. 293 , where it is said: “ The purpose expressed does not qualify the estate taken, but simply regulates and defines the use for which it shall be held.”