Case law

Kerr v. . Dougherty

79 N.Y. 327 · New York Court of Appeals · Jan 13, 1880

It should also be noticed that it is at least questionable whether the restriction in the act of 1870 is hot qualified by the defendant’s charter, and should not be regarded as only an additional one besides those already … Clearly not; for the. rule is the same, without regard to the fact that the will was executed out of the State of Pennsylvania.

Sporza v. . German Savings Bank

192 N.Y. 8 · New York Court of Appeals · Apr 7, 1908

It clearly shows what the practice had been up to a period subsequent to the adoption of the Constitution of 1846. … Such commitment is based upon an order "adjudging such person to be insane upon a certificate of lunacy made by two qualified medical examiners in lunacy." (Laws of 1896, chap. 545, § 60.)

MATTER OF SCHULZ v. State

81 N.Y.2d 336 · New York Court of Appeals · May 11, 1993

Serious concerns accompany a complete cloak of immunity that would preclude access to judicial review of challenged public financing schemes. … Defendants clearly understood that voter standing was being alleged.

The People v. . Cook

8 N.Y. 67 · New York Court of Appeals · Mar 5, 1853

It was treated throughout as a question of fact, to be established by the evidence. … Upon the analogy of these and other cases the requirements of the statutes which were not complied with, are clearly directory.

Everitt v. . Everitt

29 N.Y. 39 · New York Court of Appeals · Mar 5, 1864

If this was less clearly so upon the terms of the statutes, the particular *Page 73 provisions of this will, show that the gifts were distributive and several, and not joint. … Cases of devises and bequests absolute by the primary clause, but which are in a subsequent part qualified by a contingent executory limitation, are frequent in our own reports. ( Norris v. Beyea, 3 Kern. 273; Tyson v.

People v. Culhane

33 N.Y.2d 90 · New York Court of Appeals · Oct 23, 1973

Ct, 202, 205-208 — police commissioner not qualified as a juror to sit on case involving shooting of a police officer; Sims v. … The list contained in section 377 of the Code of Criminal Procedure was clearly meant to be exclusive since the statute provided that “ A challenge for implied bias may be taken for all or any of the following causes, and

Tracy v. Talmage

4 N.Y. 162 · New York Court of Appeals · Jul 1, 1856

The maxim, ex dolo malo non oritur actio is qualified by another, viz., in pari delicto melior est conditio defendentis. … Tt overlooks distinctions which are clearly settled.

Chamberlain v. . Chamberlain

43 N.Y. 424 · New York Court of Appeals · Jan 24, 1871

This is exemplified by the weE-established rule in cases of bequests within the statute of mortmain. … The courts ought not to impute an intent to the legislature, not clearly expressed in direct hostility to the traditions and policy of the past.

Yale v. . Dederer

18 N.Y. 265 · New York Court of Appeals · Dec 5, 1858

Now, a married woman may be the beneficiary in any one of the trusts which the statute allows to be created, but, like other beneficiaries, her power is qualified by the section quoted. … If not at law, which is very clear, then quite as clearly not in equity.

Melodee Lane Lingerie Co. v. American District Telegraph Co.

18 N.Y.2d 57 · New York Court of Appeals · Jun 9, 1966

A qualified expert witness, who was at the premises while the water was flowing, testified that a sprinkler head discharges water due to fire, a physical blow, freezing or metal fatigue. … What happened, in this instance, appears rather clearly from the ADT fire report (Exhibit 9) which refers to the circumstance *65 that the gravity tank transmitter had been in trouble.

Stokes v. . People of the State of N.Y.

53 N.Y. 164 · New York Court of Appeals · Jun 10, 1873

The plaintiff in error clearly had no right to interpose these pleas a second time, or others of a similar character, and was properly required by the court to plead to the indictment, and, upon his standing mute, the proper … How is guilt established by proof only of one of the ingredients essential to constitute crime?

Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western Railway

86 N.Y. 107 · New York Court of Appeals · Oct 4, 1881

Livingston the plaintiff’s rights had been established in one action at law. In Akrill v. … If against the defendant, it will be time to urge that plea when by one action the plaintiff’s legal right shall have been established, and its adversary still offends.

Mtr. of City of New York (Usa Coblentz)

5 N.Y.2d 300 · New York Court of Appeals · Mar 5, 1959

The challenge to jurisdiction is on the ground of sovereign immunity which the Government asserts has never been waived in a matter of this sort and has not been waived here ( Stanley v. Schwalby , 162 U. … As is manifest, no provision of the agreement transferred title or possession to any property and, just as clearly, there was no vendor-vendee relationship created between the respondent and his client, as those terms are

In re Arbitration between Central Mutual Insurance & Bemiss

12 N.Y.3d 648 · New York Court of Appeals · Jun 25, 2009

The majority, however, rejected Bemiss’s additional claim that once she qualified for SUM payments by exhausting Kowalczyk’s policy, she was free to settle with Gen-ski without obtaining Central’s prior written consent or … In the original version of Condition 10 (former Condition 8), “any negligent party” clearly referred to all the tortfeasors in a multiple-tortfeasor accident.

Volokh v. James

2026 NY Slip Op 03913 · New York Court of Appeals · Jun 23, 2026

network plaintiffs obtained a stay of its enforcement from the federal district court, claiming that its provisions would effectively compel them to speak out against hateful conduct and otherwise chill the publication of qualifying … Rumble describes itself as "on a mission to protect a free and open internet," and considers its platform "immune to cancel culture."

Town of Solon v. Williamsburgh Savings Bank

114 N.Y. 122 · New York Court of Appeals · Apr 16, 1889

The inser *131 tian of the word “ representing ” was clearly of no advantage to the petition, and if it had been omitted, there would have been no opportunity for criticism. … The doctrine established in this state upon the subject, does not permit the conclusion that the scroll upon the bonds in question was the seal of the commissioners.

The Matter of National Fuel Gas Supply Corporation v. Joseph A. Schueckler

New York Court of Appeals · Jun 25, 2020

Therefore, under the express terms of EDPL 206 (A), National Fuel qualified for statutory exemption from EDPL article 2 procedures. … The first page of the FERC certificate establishes the conditional nature of FERC’s authorization.

Brearley School, Ltd. v. Ward

201 N.Y. 358 · New York Court of Appeals · Mar 28, 1911

Is this provision immune from legislative change? Would the statute granting power to make a will on arriving at the age of 18 years be inoperative as to property devised under a will prior to its enactment ? … It was said that under this statutory provision the right of the wife did not rest upon contract but upon a legislative grant and the court expressly held that the state clearly had the right to change and regulate the exemption

People v. Sidbury

42 N.Y.3d 497 · New York Court of Appeals · Jun 18, 2024

Rather, the Jackson Court stated that no "case[ ] clearly establish[es] that the Constitution requires a case-by-case balancing of interests{**42 NY3d at 521} before such a rule can be enforced" ( Jackson , 569 US at 510) … Initially, defendant's notice clearly fails to satisfy the substantive or procedural requirements of CPL 250.10.

T. B.R.R. Co. v. . B., H.T. W. Ry. Co.

86 N.Y. 107 · New York Court of Appeals · Oct 4, 1881

Livingston the plaintiff's rights had been established in one action at law. In Akrill v. … If against the defendant, it will be time to urge that plea when by one action the plaintiff's legal right shall have been established, and its adversary still offends.