Case law

Butler v. . Prentiss

158 N.Y. 49 · New York Court of Appeals · Jan 10, 1899

The evidence to establish this contract was largely derived from the books as neither party thereto could speak, upon the subject. … The plaintiff, then about twenty-three years of age, was not a business man, but had qualified himself as a clergyman, and during the greater part of the time while he was a partner of the defendant he was engaged in publishing

Kavanaugh v. . Commonwealth Trust Co.

223 N.Y. 103 · New York Court of Appeals · Mar 12, 1918

The respondent, George J.jGould, became a director and qualified April 3, 1902, when he filed his oath with the banking department. He resigned as such director October 29, 1902. … Reiss was a partner of Dresser in Dresser & Company, a mercantile establishment. A. H. Engel was an employee of Dresser & Company.

In re the Probate of the Last Will & Testament of Hesdra

2 Silv. Ct. App. 488 · New York Court of Appeals · Jan 14, 1890

The competency of this evidence is supported by an able note to the case from the learned reporter of the court, who was peculiarly qualified to discuss questions relating to rules of evidence. … The motives influencing the conduct of Onderdonk are not clearly disclosed by the evidence; but it does appear that Onderdonk’s relations with the contestant were friendly; that she occasionally consulted him about business

The People v. . the Rector, C., of Trinity Church

22 N.Y. 44 · New York Court of Appeals · Sep 5, 1860

I find nothing in the case to impair the force or qualify the effect of the evidence by which the royal patent was proved, or of the patent itself. … This, I think, was clearly shown by Judge Dehto, in The People v. Van Rensselaer (5 Seld., 341-343), decided in this court.

Matter of Davies

168 N.Y. 89 · New York Court of Appeals · Oct 1, 1901

The former is a judicial purpose and is clearly within the Dower of the legislature to intrust to the court, or its judges. (Glenney v. Stedwell, 64 N. Y. 120 .) … While this is done in connection with the examination 'of the plaintiff as a witness before trial, the effect is simply to qualify the physicians to testify upon the trial, for no testimony is taken or record made by them

In Re the Accounting of Zalewski

292 N.Y. 332 · New York Court of Appeals · Apr 13, 1944

No. 11971) that “ The right of a consul to intervene on behalf of citizens of his own country who are absent hut interested, seems too well established in practice to he doubted ”. In Alabama (Carpigiani v. … Consuls have been found qualified to represent alien infants in accounting proceedings. (Matter of Bristow, 63 Misc. 637 ; Matter of Ostrowski, 160 Misc. 482 .)

People v. Thompson

22 N.Y.3d 687 · New York Court of Appeals · Feb 20, 2014

Subsequently, the grand jury voted for an indictment supported by legally sufficient evidence establishing reasonable cause to believe that defendant had publicly executed a rival drug dealer on a street corner in Staten … As the dissent observes, the legal sufficiency of the evidence supporting an indictment, standing alone, does not automatically immunize the indictment from dismissal, and a defendant’s conviction after trial does not necessarily

Dammert v. . Osborn

140 N.Y. 30 · New York Court of Appeals · Nov 28, 1893

caused the will or a copy thereof to be recorded in the office of the surrogate of New York, and thereupon, with their assent and upon their motion, the plaintiffs were appointed ancillary executors in this state, and having qualified … construction, must be determined by the law of the domicile, and it is not alleged or claimed that when thus construed any title or interest in the fund in question vested or can vest in this defendant, but the contrary is clearly

People Ex Rel. New York Electric Lines Co. v. Ellison

188 N.Y. 523 · New York Court of Appeals · May 28, 1907

The importance of a general system of subways or conduits under the surface of the streets of the city to include all electric conductors was such as to require action on the part of *531 the city to establish such general … rights of the public in the use of the streets *537 and highways which may be used by the electric companies. * * * Independently, however, of the contractual relations of the relator, the statutes of 1885 and 1886 are so clearly

Aldens, Inc. v. Tully

49 N.Y.2d 525 · New York Court of Appeals · Mar 25, 1980

to collection of the use taxes which local governmental bodies may elect to assess, the State Legislature has seen fit not to delegate, but has itself directed that the obligation for collection shall rest on those who qualify … That being so, the only question appropriately to be raised is whether petitioner’s activities within the State "adequately establish a relationship or 'nexus’ between the [petitioner] and the State” such that the obligations

President of the Manhattan Co. v. Morgan

242 N.Y. 38 · New York Court of Appeals · Jan 12, 1926

Even under our statute, however, “ the instrument need not follow the language of this chapter, but any terms are sufficient which clearly indicate an intention to conform to the requirements thereof ” (Negotiable Instruments … The conclusion does not follow that it may nob be qualified or extinguished by the provisions of a contract (see, however, Am. Nat. Bank v. Sommerville, 191 Cal. 364 ; and cf. 33 Yale L. J. 302).

Finn v. . Cassidy

165 N.Y. 584 · New York Court of Appeals · Feb 5, 1901

I do not think that it was error on the part of the learned trial judge to permit an inquiry of this character to be made of a witness who was clearly an expert. … The opinion of an expert may be competent by stating to him a hypothetical case, taking in some or all of the facts stated by witnesses and claimed by counsel, putting the question to be established by their evidence, and

Smith v. . White

23 N.Y. 572 · New York Court of Appeals · Sep 5, 1861

establishing;" implying, it might be, in aid of one already established. … Com., 515), which only qualified the power of that officer.

Ware v. Valley Stream High School District

75 N.Y.2d 114 · New York Court of Appeals · Dec 19, 1989

As the Appellate Division noted, the Brethren are a devoutly religious group established in the 1820's by Irish Christians who had become disenchanted with the established churches of the period ( 150 AD2d 14, 16 ). … Education regarding the means by which AIDS is communicated is a powerful weapon against the spread of the disease and clearly an essential component of our nationwide struggle to combat it.

People v. Dais

19 N.Y.3d 335 · New York Court of Appeals · May 31, 2012

Essentially, Dais is claiming that the People were prohibited from filing a new predicate statement establishing that, as a second felony drug offender seeking resentencing under the 2009 DLEA, he was “previously convicted … [and] may also conduct a hearing, if necessary, to determine whether [the applicant] qualifies to be resentenced or to determine any controverted issue of fact relevant to the issue of sentencing” (L 2004, ch 738, § 23).

Morton v. State

15 N.Y.3d 50 · New York Court of Appeals · Jun 8, 2010

Clearly differentiating between nexus and permission, we *64 rejected the contention that violation of the lease provision requiring permission for the work could vitiate the nexus necessary to sustain the strict liability … Ownership itself ordinarily suffices to establish any connection with the property and the work upon it necessary to sustain liability.

People ex rel. Arcara v. Cloud Books, Inc.

65 N.Y. 324 · New York Court of Appeals · Jun 13, 1985

A statutory scheme subject to this scrutiny will be upheld only if it falls within certain narrow categories established by the Supreme Court and contains procedural safeguards designed to prevent the establishment of a censorship … Additionally, the interest in restricting this conduct is clearly unrelated to the suppression of free expression.

The People v. Frederic Badji

New York Court of Appeals · Feb 11, 2021

As the majority acknowledges, the Penal Law must clearly define crimes and their punishments. … Moreover, these different definitions confirm that the legislature qualified the meaning of “credit card” in response to different situations.

Dalton v. Pataki

5 N.Y.3d 243 · New York Court of Appeals · May 3, 2005

Moreover, in light of the article I, § 9 limitation to the Legislature’s power, the subject matter of part B of chapter 383 clearly falls within the ban on commercialized gaming. … Note, the United States Supreme Court has held that the Indian Commerce Clause does not grant Congress the power to abrogate the states’ sovereign immunity from suit through 25 USC § 2710 (d) (7), “and therefore § 2710 (d

The Matter of Mental Hygiene Legal Service v. Anne Marie T. Sullivan

New York Court of Appeals · Feb 14, 2019

must always be given a role in treatment planning, such a mandate should not be judicially supplied.2 Contrary to petitioners’ primary argument on this appeal, the provisions of Mental Hygiene Law article 47 – which establishes … We do not address whether an MHLS employee who is not a lawyer and otherwise qualifies under the statute would fall within the section in an appropriate case.