Case law

White v. . Hicks

33 N.Y. 383 · New York Court of Appeals · Sep 5, 1865

If, on the other hand, it was properly received, the question will be whether the state of facts which it established, taken in connection with the provisions of the instrument, are sufficient to show, clearly, that the testatrix … It was held, first, that Harwood was seized of a qualified fee,' notwith-' standing the feoffment, until he executed the power. This, I suppose, was by force of the statute of uses.

The People v. . Commissioners of Taxes and Assessments

23 N.Y. 192 · New York Court of Appeals · Jun 5, 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.

Hammelburger v. Foursome Inn Corp.

54 N.Y.2d 580 · New York Court of Appeals · Dec 23, 1981

IV The Appellate Division, applying the formula set forth in Band Realty Co. v North Brewster ( 37 NY2d 460 ), concluded that the true interest rate was 27.7% per annum 5 and, therefore, clearly in excess of the maximum prescribed … The total interest of $9,100 compared to the principal actually received ($35,000 minus $2,100 or $32,900) establishes the true interest rate as 27.7%. .

JMD Holding Corp. v. Congress Financial Corp.

4 N.Y.3d 373 · New York Court of Appeals · Mar 31, 2005

We called the distinction between liquidated damages and a penalty “well established”: “A contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion … When Congress and JMD entered into the Agreement, they could not readily forecast the credit facilities for which JMD would qualify under the Agreement’s asset-based formula, which would fluctuate over its term; how much

People v. . McKane

143 N.Y. 455 · New York Court of Appeals · Nov 27, 1894

The next section directs the inspectors at the close of each meeting, as a board of registry, to append to their list a certificate of the effect that such list, as it then is, is a correct list of all persons qualified to … But we think that in this case the learned trial judge kept the real issue constantly and clearly before the jury in the rulings and in the charge.

Matter of State Farm Mutual Automobile Insurance Company v. Patrick Fitzgerald

New York Court of Appeals · Jul 1, 2015

Rather, Fitzgerald could only qualify for SUM coverage under the statutorily required SUM clause in Knauss's policy, which limited coverage to occupants of statutory "motor vehicles." … Clearly, neither the Legislature nor this Court would ever intend such a result.

The People Ex Rel. Murphy v. . Kelly

76 N.Y. 475 · New York Court of Appeals · Mar 25, 1879

public navigable water, and to bridge it required the concurrent authority of the State of New York, and of the United States; of the former, by reason of its rights in the lands on the shore, and under the water, and of its qualified … municipal purpose, and Avhat is not, is in many cases shadowy and uncertain, great weight should | be given by the courts to the legislative determination, and< its action should not be annulled unless the purpose appears clearly

The People v. Jose Aviles

28 N.Y.3d 497 · New York Court of Appeals · Nov 22, 2016

However, as an initial matter, the police have no duty to assist a defendant in gathering evidence or establishing a defense (People v Finnegan, 85 NY2d 53, 57 [1995]). … Though the majority characterizes defendant as not being a LEP individual because of the nisi prius court's determination that he speaks "only Spanish, and not English" (maj op at 3, n 1), defendant clearly falls within New

The People v. Marcus Brown

New York Court of Appeals · Nov 21, 2023

Thus, the purpose of SORA is clearly to track those who are actual sex offenders—it is not intended as a registry of anyone who commits a crime. … Because in doing so the majority evades our well- established principles of stare decisis, I respectfully dissent. I.

Getty Petroleum Corp. v. American Express Travel Related Services Co.

90 N.Y.2d 322 · New York Court of Appeals · Jun 12, 1997

Section 3-405: Of Imposters, Fictitious Payees, and Padded Payrolls, 47 Fordham L Rev 1083, 1084, n 10 [1979] ["(t)he Code clearly contemplates an action by the drawer against the drawee bank” (citing UCC 4-401)]). … Thus, while a drawer can defeat a defense to forgery by showing that the transferee acted negligently under these two sections of the Code, there is no similar qualifying language incorporated in UCC 3-405.

Stettine v. County of Suffolk

66 N.Y.2d 354 · New York Court of Appeals · Nov 26, 1985

Thus, it appears that Suffolk CSEA is not the type of association clearly intended by the terms of the statutory exception and the underlying history of the section must be examined. … The Governor signed the bill the following year because the revised language specifically limited the kind of organization that qualified for exemption.

Matter of Allstate Ins. Co.(stolarz-Njm)

81 N.Y.2d 219 · New York Court of Appeals · May 4, 1993

Similarly, rules distributing the loss after the accident happens may implicate significant governmental interests ( see, e.g. , Cooney [contribution]; Schultz [charitable immunity]). *226 By contrast, contract cases often … The fallacy in the majority's proffered distinction is clearly illustrated when the present case is taken as an example.

Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck

94 N.Y.2d 96 · New York Court of Appeals · Nov 23, 1999

Plaintiff concedes that Del Monte clearly removed Dolan’s “rough proportionality” inquiry from a general regulatory takings analysis. … Here, Local Law No. 6 easily qualifies as a valid regulatory denial of development pursuant to a generally applicable zoning law.

People v. Bing

76 N.Y.2d 331 · New York Court of Appeals · Jul 2, 1990

The legal basis for the rule is a derivative right arising from an established attorney-client relationship on prior pending charges. Bing and Cawley had established attorney-client relationships. … In People v Rogers (supra), the right to counsel had been invoked on the charges on which defendant was taken into custody and he and his counsel clearly asserted it.

Wetyen v. . Fick

178 N.Y. 223 · New York Court of Appeals · Apr 8, 1904

Exceptions are contained in title three, qualifying the time fixed for the running of the statute in various cases. … unusual limitation, specially prescribed by law, and consequently is not affected by the provisions of chapter four of the Code, which deals with the limitation of the time of enforcing a civil *236 remedy, and that it clearly

McCain v. Dinkins

84 N.Y.2d 216 · New York Court of Appeals · May 10, 1994

The three court orders establish compliance goals. … Conservation, 70 NY2d 233 , supra), this case, as against these municipal officials, does not qualify for that sanction.

Arents v. Squires

7 N.Y.2d 1009 · New York Court of Appeals · Mar 24, 1960

Incorporation under the Membership Corporations Law does not establish that this is a “ Club house not conducted for gain ” within the former permitted scope of the ordinance. … That determination, it seems to us, is clearly erroneous. It is based on the mere form of the club as a membership corporation rather than on the substance of the transactions alleged in the petition.

People v. Vaughn

2024 NY Slip Op 05874 · New York Court of Appeals · Nov 26, 2024

Although the footage is of fairly good quality, the quality is not so good that the robbers' facial features can be clearly discerned. … The Court has established that this type of expert evidence qualifies for a judicial imprimatur of reliability under Frye , but nonetheless has extended trial courts the discretion to exclude it anyway if, among other things

McKay v. . Draper

27 N.Y. 256 · New York Court of Appeals · Jun 5, 1863

The agent himself has a qualified right to sue on such a contract, but the principal will still have the power of superseding the factor’s right by suing in his own name, or by taking any other proceedings whereby it becomes … Whatever may be thought of the weight of the distinction, the principle is clearly recognized. See, also, Clay v. Southern (14 E. L. & Eq, 533), and Londesborough, v. Mowatt (28 id., 119).

Whitford v. . the Panama Railroad Company

23 N.Y. 465 · New York Court of Appeals · Sep 5, 1861

This certainly has been there the received and well-established rule of law. … Judge METCALF says, if these actions can be maintained, it must be upon some established principle of the common law.