Case law

Continental Ins. Co. v. . N.Y. H.R.R. Co.

187 N.Y. 225 · New York Court of Appeals · Jan 15, 1907

We think that in this view he was clearly right. … It is urged that the settlement of the Harlem stockholders' suit by the Central Company, already mentioned, establishes fraud.

Holtzman v. Oliensis

91 N.Y.2d 488 · New York Court of Appeals · Apr 30, 1998

Implied preemption may be established when “the Federal legislation is so comprehensive in its scope that it is inferable that Congress wished fully to occupy the field of its subject matter (‘field preemption’), or because … These activities clearly are not within the scope of the section 2604 (c) (3) exemption.

Pond v. . Harwood

139 N.Y. 111 · New York Court of Appeals · Oct 3, 1893

Judd, were the executors of the will, and both qualified, but Hanvood alone, in fact, acted. … Facts must be shown, which, according to the established rules for the administration of equity, will authorize that kind of relief.

Hoyt v. . the Commissioners of Taxes

23 N.Y. 224 · New York Court of Appeals · Jun 5, 1861

This amendment is quite material to the present question, because it clearly shows that an actual situs within the State is the criterion of taxation. … These cases not only establish a construction of statutes framed like our own, but they all assert the principles of taxation, which lie at the very foundation of the subject.

Mtr. of Knox (Columbia Banking)

64 N.Y.2d 434 · New York Court of Appeals · Mar 28, 1985

The Albany Bank received $1,742.48 for deposit to an account, clearly designated as a trust for Anne, upon transfer of funds by the apparent fiduciary Halpen. … The definition of representative clearly embraces a fiduciary or guardian (UCC 1-201 [35]).

T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.

57 N.Y.2d 574 · New York Court of Appeals · Dec 15, 1982

It was clearly understood and agreed that their mutually framed narrow factual questions would be submitted to the jury without any reference to applicable provisions or requirements of the Uniform Commercial Code, and that … Rather, the word “reasonable” is employed only to qualify a seller’s conduct once the seller invokes the statute.

In re the Estate of Rothko

43 N.Y.2d 305 · New York Court of Appeals · Nov 22, 1977

It was concluded that the acts and failures of the three executors were clearly improper to such a substantial extent as to mandate their removal under SCPA 711 as estate fiduciaries. … Levine contends that, having acted prudently and upon the advice of counsel, a complete defense was established. *320 Suffice it to say, an executor who knows that his coexecutor is committing breaches of trust and not only

People v. Taylor

75 N.Y.2d 277 · New York Court of Appeals · Feb 13, 1990

Clearly, the prosecution, in an effort to establish that forcible sexual contact had in fact occurred, wanted to introduce this evidence to show that the complainant was demonstrating behavior that was consistent with patterns … The admission of expert testimony describing rape trauma syndrome in Banks, however, was clearly error.

Owens v. Missionary Society of the Methodist Episcopal Church

4 N.Y. 380 · New York Court of Appeals · Jul 1, 1856

That the bequest *385 t.o the missionary society is absolute, and not qualified or limited by any trust whatever; and Secondly. That it is valid as a charity. … Hobart reports their decision thus: “ And we resolved clearly that it was within the relief of the statute of 43 Elizabeth.

Paynter v. State of NY

100 N.Y.2d 434 · New York Court of Appeals · Jun 26, 2003

The Act continued the framework of its predecessor: towns were divided into school districts and citizens qualified to vote elected trustees and commissioners. … A class with such a high poverty rate obviously would require far different approaches and resources than a low-poverty classroom — and so the poverty concentration of a classroom is clearly an educational input affecting

People v. Harris

98 N.Y.2d 452 · New York Court of Appeals · Jul 9, 2002

The decision to authorize capital punishment for classes of crimes is one best left to the Legislature unless clearly wrong. … Defendant clearly couched his objection to No. 233’s jury service in the context of her views on child abuse as a capital mitigating circumstance.

Continental Insurance v. New York & Harlem Railroad

187 N.Y. 225 · New York Court of Appeals · Jan 15, 1907

We think that in this view he was clearly right. … It is urged that the settlement of the Harlem stockholders’ suit by the Central Company, already mentioned, establishes fraud.

Sanger v. . French

157 N.Y. 213 · New York Court of Appeals · Nov 22, 1898

The learned court below had power, and it was its duty, to review the facts found by the referee, but the scope and nature of the review in such cases "are limited and qualified by a principle which is now well settled. … In order to avoid prolixity we will deal only with a few leading facts that are admitted or so clearly established that we regard them as out of the range of controversy in this court, omitting many minor facts and details

Jenkins v. Wheeler

37 How. Pr. 458 · New York Court of Appeals · Sep 15, 1867

The verdict of the jury must be taken and assumed to have established the following facts in this action : 1. … The law of England, and that of this country, holds that the master has no lien on the ship for his wages, and it is now definitely and clearly settled in England, that the master contracts upon the credit of the owner, and

The Matter of Viking Pump Inc. and Warren Pumps, LLC

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).

The Matter of World Trade Center Lower Manhattan Disaster , Site Litigation.

New York Court of Appeals · Nov 21, 2017

BPCA argues that the District was only established as a "public corporation," not a "public benefit corporation." … It is not difficult to establish that a statute is "a reasonableness response."

Goldstein v. New York State Urban Development Corp.

13 N.Y.3d 511 · New York Court of Appeals · Nov 24, 2009

Once again, letters to the Governor evidence that the CPLR was not intended to apply to the procedures established in sections 207 and 208. … “While a dismissal with prejudice clearly constitutes an adjudication on the merits, a dismissal *545 without prejudice only ‘indicates,’ as a general matter, that there has been no adjudication on the merits of the claim

Hynes v. Moskowitz

44 N.Y. 383 · New York Court of Appeals · May 4, 1978

And if more need be said, reference to the legislative history conclusively establishes the intended statutory meaning. … Clearly, the concerns which require that constitutional protections attach when a warrant issues do not apply equally when an investigatory subpoena duces tecum is served.

Nash v. People

2 Trans. App. 209 · New York Court of Appeals · Mar 15, 1867

Consider them liable in *217 their ministerial capacity only, and the construction of this statute accords with the established and revered principles of the common law.” Beardsley, J., in Wilson v. The Mayor, &c. … (ubi supra), clearly points out the distinction between ministerial and judicial duties, and the complete immunity secured in the discharge of the latter class, and the liability incurred in the former. lie says : “ Where

People v. Crimmins

38 N.Y.2d 407 · New York Court of Appeals · Dec 22, 1975

Viewed in this frame of reference, the detailed Macklem affidavit clearly goes right to the heart of the case. … It appeared on the horizon for whatever it was worth only 48 hours before the trial and after he had been supplanted in defendant’s affections by one Anthony Grace and had worked out an immunity arrangement with the prosecution