Case law

Avery v. New York Central & Hudson River Railroad

121 N.Y. 31 · New York Court of Appeals · Apr 15, 1890

The witness was not *42 shown to be qualified to give such án opinion, and the question assumed the insufficiency of the opening 7 a matter which it was not for the witness to determine. … J., where a. witness had been asked what, in her opinion, was the amount of damage to plaintiff, caused to her boarding-house by a boilermanufactory on defendant’s premises, said: “It was clearly wrong. * * * It was the business

Bazak International Corp. v. Mast Industries, Inc.

73 N.Y.2d 113 · New York Court of Appeals · Feb 16, 1989

The focal issue before us on Bazak’s appeal from that order is whether the disputed documents qualified as confirmatory writings within the "merchant’s exception” to the Statute of Frauds (UCC 2-201 [2]). … The language regarding claims, allowances and returns are clearly all referable to a transaction in which Bazak was the seller, as is the signature line for Bazak.

People v. First American Corp.

18 N.Y.3d 173 · New York Court of Appeals · Nov 22, 2011

OTS then provided the courts with an interpretive framework for 12 CFR 560.2, as follows: “When confronted with interpretive questions under § 560.2, we anticipate that courts will, in accordance with well established principles … This presumption can be reversed *188 only if the law can clearly be shown to fit within the confines of paragraph (c). For these purposes, paragraph (c) is intended to be interpreted narrowly.

Balbuena v. IDR REALTY LLC

6 N.Y.3d 338 · New York Court of Appeals · Feb 21, 2006

The Board’s enforcement of the NLRA as to undocumented aliens is therefore clearly reconcilable with and serves the purposes of the immigration laws” (id. at 893-894). 3 *353 The Federal Immigration Reform and Control Act … The second type, “conflict preemption,” establishes that “a state statute is void to the extent that it actually conflicts with a valid federal statute.

Caronia v. Philip Morris USA, Inc.

22 N.Y.3d 439 · New York Court of Appeals · Dec 17, 2013

because “it would be inequitable for an individual wrongfully exposed to dangerous toxins, but unable to prove that cancer or disease is likely, to have to pay the expense of medical monitoring when such intervention is clearly … be appropriate for courts to follow if plaintiffs can demonstrate an entitlement to medical monitoring relief: “(1) appoint a plan administrator; (2) with the administrator’s advice, approve an advisory panel of persons qualified

Central Trust Co. v. Pittsburg, Shawmut & Northern Railroad

223 N.Y. 347 · New York Court of Appeals · May 7, 1918

we have quoted, say: “ The power to issue receiver’s - certificates paramount to the liens of strangers to the suit is' of a strictly limited nature and the theory *355 on which the existence of power at all is based is clearly … He qualified and took possession of the mortgaged property and remains in possession thereof, and is operating the same as receiver.

Matter of Gonzalez v. Northeast Parent & Child Socy.

2026 NY Slip Op 01443 · New York Court of Appeals · Mar 17, 2026

Gaughran to Governor Kathy Hochul, Bill Jacket, L 2021, ch 824, at 5 [asserting that the amendment to WCL 24 "will provide fair compensation and access to justice for injured workers through representation by a qualified … The mere fact that these concepts are distinct does not establish that they are mutually exclusive, and the majority cites nothing to establish that they are mutually exclusive.

New York State Office of Children v. Lanterman

14 N.Y.3d 275 · New York Court of Appeals · Mar 25, 2010

The effect of this ruling is to deny the employees disciplinary due process, as established in the CBA, and permit their summary termination. … Here, although the law clearly prohibits the parties’ continued employment in their current positions without the requisite licensing, it does not require their termination; other remedies may be available.

People Ex Rel. McLaughlin v. Board of Police Commissioners

174 N.Y. 450 · New York Court of Appeals · Apr 28, 1903

appropriate remedy for trying and determining the title to a public office, and of ascertaining who is entitled to hold it; of obtaining possession of an office to which one has been legally elected and has become duly qualified … expression that a writ *466 of mandamus should not issue where there is a serious question in regard to the title, is not entitled to the force and effect of a decision, where it is not necessary to the decision, and is clearly

Pumpelly v. Village of Owego

45 How. Pr. 219 · New York Court of Appeals · Jun 15, 1863

Both the plaintiff and his property are within the limits of the village, as established by the latter act. … The intention was clearly in this case to amend the old charter, and not to create a new corpoporation, with none of the powers of a municipal organization.

People ex rel. Latorre v. O'Brien

3 Abb. Ct. App. 552 · New York Court of Appeals · Mar 15, 1869

When, therefore, the act of 1831 declared that a defendant committed shall remain in custody until discharged as pro- *557 Tided in its subsequent sections, it qualified the act of 1813 (2 R. … The duty of a sheriff receiving a defendant under such a commitment is clearly defined in the subsequent sections, viz: to keep him in custody until he complies with those, sections.

Balbo v. . the People

80 N.Y. 484 · New York Court of Appeals · Apr 6, 1880

In answer to a leading question put to him by the. prisoner’s counsel he said that he formed at the time a positive and clearly marked opinion in respect to the guilt or innocence of the accused which opinion was still in … Prior to these statutes it was the established rule that a fixed and settled opinion of the guilt or Innocence of a prisoner was a good cause of principal chai *493 lenge and operated in law as a disqualification of a juror

Seders v. Sternbergh

2 Abb. Ct. App. 31 · New York Court of Appeals · Mar 15, 1869

The first being proved to have been taken from the original, was entitled to very high consideration as evidence, and, as it seems to me, was clearly admissible. … But possession of a person with a claim of ownership is prima facie evidénce of title, and possession alone, without anything to qualify it, would be presumptive evidence of title.

New York Security & Trust Co. v. Lipman

157 N.Y. 551 · New York Court of Appeals · Jan 10, 1899

After December 1st, 1891, the exact date not clearly appearing, Lipman & Company borrowed $50,000 from the plaintiff upon their note at four months, in the usual form, with the added statement that said firm had pledged to … Gutmann, who was well qualified to speak upon the subject from actual observation, testified that all the bales of burlaps were substantially equivalent in value, and there was no evidence to the contrary.

People v. Garrett

23 N.Y.3d 878 · New York Court of Appeals · Jun 30, 2014

The majority’s position ignores the police officer’s independent obligation to disclose impeachment evidence and improperly *895 conveys to the police the discretion to make the judgment call on what misconduct qualifies … Moreover, the detective “was clearly a key member of the prosecution team whose information and testimony was vital to secure the conviction” (id. at 1315).

New York State Clinical Laboratory Ass'n v. Kaladjian

85 N.Y.2d 346 · New York Court of Appeals · Feb 23, 1995

Each test must be separately ordered by a qualified practitioner as defined in paragraph (b) (3) of this section.” *350 Prior to the amendment, independent laboratories were entitled to receive payment for tests ordered by … Rather, it established that respondent’s interpretation of the regulation as permitting the grouping of tests on order sheets only in categories approved by the American Medical Association was not in harmony with the plain

MATTER OF JOSEPH BURSTYN, INC. v. Wilson

303 N.Y. 242 · New York Court of Appeals · Oct 18, 1951

And the more one searches the statute, the more clearly does that appear. … S. 230 ) — urged as establishing that motion pictures are beyond the First Amendment’s coverage — no longer has the force or authority claimed for it.

People v. Jones

32 N.Y.3d 1146 · New York Court of Appeals · Nov 27, 2018

While the People argue that collective decision-making of all participants with majority rule could qualify as the enterprise's organizing principle for purposes of the OCCA, this position is belied by the legislative findings … The People Fail to Establish Defendant's Guilt of Enterprise Corruption This case is distinguishable from those cases with clearly ascertainable structures.

People ex rel. Mayor of New York v. McCarthy

2 N.Y. St. Rep. 546 · New York Court of Appeals · Jun 25, 1886

transfers of real estate, in the several counties of the state, with the assessed valuations of the same property and the assumption that the average amount of such ¡Drices and valuations as thus compared, conclusively established … His mode of procedure in making the table of prices was to omit therefrom “such cases as showed a nominal consideration only, and indefinite and clearly inconsistent statements of consideration and assessments, and cases

People v. Ozarowski

38 N.Y.2d 481 · New York Court of Appeals · Jan 6, 1976

What this sequence of legal propositions establishes is that, while the ultimate act of violence may be used by the trier of facts in making the inference of intent as to the defendant who actually struck the blow, that act … Clearly, under the circumstances here, a baseball bat qualifies as such a dangerous instrument. (See People v Rumaner, 45 AD2d 290, supra.)