Case law

Enders v. Sternbergh

33 How. Pr. 464 · New York Court of Appeals · Jun 15, 1864

The established rule, therefore, applies, that the next best evidence is to be admitted. (Fetherly agt. Waggoner, 11 Wend. 599 .) … But possession of a person with a claim of ownership, is prima facie evidence of title; and possession alone, without anything to qualify it, would be presumptive evidence of title.

People v. Tremaine

252 N.Y. 27 · New York Court of Appeals · Nov 19, 1929

Other duties assigned to such members by law may be of a private character, as when they are named as ex officio trustees of private educational establishments. (Matter of McGraw, 111 N. … The alternative would be the striking out the items of appropriation thus qualified in toio and a possible deadlock over details on a political question outside the field of judicial review.

People v. North River Sugar Refining Co.

121 N.Y. 582 · New York Court of Appeals · Jun 24, 1890

By that process it assumes the burden of establishing the charges- which it has made, and must show us warrant in the facts for the relief which it seeks. … It has a board of directors nominally and formally in office, but qualified by shares which they do not own, and owing their official life to the board which can end their power at any moment of disobedience.

People v. . Gilbert

199 N.Y. 10 · New York Court of Appeals · Jun 7, 1910

The case was clearly for the jury and this elaborate statement of the facts leave little room for argument. … Great care was taken to protect his rights and to see that the jury clearly understood the issues they were to *501 decide and the grave responsibility resting upon them.

Ludlam v. Ludlam

12 N.Y. 356 · New York Court of Appeals · Mar 15, 1863

R., 583), where it is, I think, very clearly shown .that, in the absence of any statutei or any decisions of our own courts, State or National, on the subject, the question of citizenship can only be determined by reference … The case, however, is not new, and I am not aware that any practical inconvenience has ever resulted to persons occupying such positions ; their immunity in this respect resulting, mainly, it may be presumed, from the liberality

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

New York Court of Appeals · Apr 21, 2022

Those regulations address the establishment and responsibilities of a crisis support team. … Section 1983 provides a remedy only for the deprivation of ‘rights, privileges, or immunities secured by the Constitution and laws’ of the United States.

Braschi v. Stahl Associates Co.

74 N.Y.2d 201 · New York Court of Appeals · Jul 6, 1989

Notably, however, family is linked with spouse, a word of clearly defined legal content. … Since she had failed to establish that intention, she was not entitled to succeed to her grandmother’s tenancy.

The People v. Jaime Lopez-Mendoza

New York Court of Appeals · Jun 13, 2019

Lopez-Mendoza executed a waiver of immunity pursuant to CPL 190.45 and testified voluntarily before a grand jury, in the presence of his attorney. Mr. … (dissenting): Defendant Jaime Lopez-Mendoza claims that he was denied effective assistance of counsel because his trial attorney pursued a defense after the People forewarned him it was clearly disproven by surveillance

Godfrey v. Spano

13 N.Y.3d 358 · New York Court of Appeals · Nov 19, 2009

Indeed the Executive Order begins by acknowledging that "the County of Westchester has long provided health benefits to the qualifying domestic partners of its members." … The first excepts from recognition out-of-state marriages where a New York statute clearly expresses "the Legislature's intent to regulate within this State marriages of its domiciliaries solemnized abroad" ( id. 493 ).

Curtis, Graham & Blatchford v. Leavitt

1 N.Y. 9 · New York Court of Appeals · Jul 1, 1857

And unless it can be established that these bodies are hedged in by some special immunity, and are not subject to the laws of justice and equity which apply to natural persons, he may also show that the corporation, with … The reasons above stated, in my judgment, clearly establish the proposition that the mortgage bond» in question in this suit are not invalid, upon the ground that they were given to the holder for money borrowed by the company

Delafield v. . Parish

25 N.Y. 9 · New York Court of Appeals · Jun 5, 1862

That is not established by proof. … Clark has very clearly shown.

People v. Cancemi

7 Abb. Pr. 271 · New York Court of Appeals · Oct 15, 1858

In this view, the certificate that one of the jurors was withdrawn, is part of thepostea, and qualifies it; and no basis exists for the position of the defendants in error, that these matters contradict the record. … A plea of guilty to any indictment, whatever may be the grade of the crime, will be received and acted upon, if it is made clearly to appear that the nature and effect of it are understood by the accused.

Wright v. . Garlinghouse

26 N.Y. 539 · New York Court of Appeals · Jun 5, 1863

Clearly, I submit, for Norton, Bartle McNeil, and they kept their account with them alone. … It is well settled that a co-surety may, by his contract, qualify the extent of his liability. ( Dearing v. The Earl of Winchester, supra; Craythorne v. Swinburne, 14 Ves., 160.)

Matter of Baby Boy C.

84 N.Y.2d 91 · New York Court of Appeals · Jun 14, 1994

The statute clearly permits the requisite appearance by an adoptive parent or, for that matter, a biological parent or other person whose consent to the adoption is necessary, to occur before the second stage and during, … The majority, nevertheless, concludes that this is not an "exceptional" case qualifying for the invocation of equitable relief.

Forti v. New York State Ethics Commission

75 N.Y.2d 596 · New York Court of Appeals · Apr 5, 1990

To the contrary, although admitted attorneys have a protected due process interest in the right to practice law (see, Willner v Committee on Character, 373 US 96, 102 ), that right is clearly subject to reasonable restrictions … While the legislative branch is certainly not immune from many forms of influence peddling, there was adequate basis for the Legislature to conclude that administrative agencies are more susceptible to the ethical problems

People v. Thompson

83 N.Y.2d 477 · New York Court of Appeals · Mar 30, 1994

Nor does the punishment her uncle received establish gross disproportionality. … And, even in those cases, the disparity in punishment was not sufficient to establish gross disproportionality.

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. .

Buckley v. . Doig

188 N.Y. 238 · New York Court of Appeals · Apr 9, 1907

To state it in a slightly different form the question is whether there has been an out and out conversion of this copartnership real estate for all purposes, and even as between heirs and next of kin, or only a qualified … We think, however, that the great weight of authority in this country has established the primary and fundamental rule with which we may start, that even between such heir and personal representative a conversion will be

Second Child v. Edge Auto, Inc.

2026 NY Slip Op 02436 · New York Court of Appeals · Apr 23, 2026

Obstacle preemption cannot be established here for the simple reason that VTL 370 does not pose an obstacle to the aims Congress enacted in the Graves Amendment. … The majority suggests the savings clause does not apply here on the basis that only a statute imposing secondary liability, not primary liability, would qualify as a financial responsibility law, as some other states have

Miriam Aristy-Farer v. State of New York , New Yorkers for Students' Educational Rights v. State of New York

29 N.Y.3d 501 · New York Court of Appeals · Jun 27, 2017

Our CFE decisions establish that there is “a constitutional floor with respect to educational adequacy . . . … Our prior Education Article cases have clearly and consistently stated that the type of claims brought *510 here must be pleaded with district specificity to be viable. 5 In Levittown, we explained that absent allegations