Case law

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

Bank of Genesee v. Patchin Bank

13 N.Y. 308 · New York Court of Appeals · Dec 15, 1855

Taking the provisions of §§ 140 and 421 together, it will be seen that the prior practice and forms of pleading are abolished only in a qualified manner; for the last mentioned section declares that existing statutory provisions … That the defendant, by its properly authorized officers, represented to the plaintiff that this bill was one which it held and owned, was clearly inferable from the evidence. *317 It was, on its face, made payable to the

People v. Knowles

88 N.Y.2d 763 · New York Court of Appeals · Oct 22, 1996

To refuse to consider the constitutional claims of the defendant is to immunize an erroneous determination of the Appellate Division from review, even when the error is of constitutional magnitude. … The error was clearly harmless because defendant was not prejudiced by it.

Bush v. . Lathrop

22 N.Y. 535 · New York Court of Appeals · Dec 5, 1860

no ground to stand on, for he purchased of a party who was clearly hable to the relief sought in this suit. The rule, as thus stated, is the only logical one. … Where a rule has been firmly established, it is for the legislature to change it if it is thought to be promotive of injustice. The courts have no such power.

Simpson Electric Corp. v. Leucadia, Inc.

72 N.Y.2d 450 · New York Court of Appeals · Oct 25, 1988

C The final factor identified in Gulf Offshore (supra) is whether Federal interests are clearly incompatible with State *460 court jurisdiction. … Moreover, complete uniformity in interpreting and applying crimes that qualify as "predicate acts” under RICO is not necessary because section 1961 provides that State criminal laws, in addition to Federal crimes, can serve

The People v. . Van Rensselaer

9 N.Y. 291 · New York Court of Appeals · Dec 5, 1853

The remark was never applicable to the ungranted crown lands in the colonies, upon which the statute, I think, never had, any or only a qualified bearing. … The proof in this case would establish such a plea. It is true the people have, in one sense, received the rents and profits.

The Matter of Rosa Rizzo v. Thomas P. DiNapoli

New York Court of Appeals · Oct 27, 2022

As to the second point, the legislature clearly meant to include, as “accidents,” the communication of a serious illness as a consequence of employment. … Officer Rizzo qualifies for an accidental disability retirement allowance under that framework.

People v. Patrick Labate

New York Court of Appeals · Mar 21, 2024

We did not qualify our holding other than to say that the record needed show to whom the court should charge various periods of time. … principles in a new factual setting or settles a question in a manner that was clearly foreshadowed” (internal quotation marks omitted)]).

Margaret Doe v. Bloomberg, L.P

New York Court of Appeals · Feb 11, 2021

Thus, under the relevant common law principles (reaffirmed in our recent decision in Griffin), defendant would qualify as an employer. … I do not concoct a novel “rule” but rather apply the interpretive approach established by common law and precedent.

Story v. . New York Elevated R.R. Co.

90 N.Y. 122 · New York Court of Appeals · Oct 17, 1882

Lesser corporations can claim no other immunity, and all are bound upon the *Page 146 principle that to retract the promise implied by such conduct, and upon which the purchaser acted, would disappoint his just expectations … *Page 153 Metropolitan Railway Co., finally decided in the House of Lords (L.R., 2 H.L. 175), KEATING, J., saying: "It is now clearly settled," by that decision, "that compensation can only be claimed where land itself or

Northridge Cooperative Section No. 1, Inc. v. 32nd Avenue Construction Corp.

2 N.Y.2d 514 · New York Court of Appeals · Mar 8, 1957

The Federal statute did not intend him to be a bárrier against access by the tenant-stockholders to the courts, nor to supply immunity to promoter-directors from the consequences of misappropriation or breach of trust in … The only aspect of approval of a rent schedule by the FHA Administrator which could enter into the obligation of a lease by operation of law would be the establishment of a rent ceiling.

Hulburt v. Walker

258 N.Y. 8 · New York Court of Appeals · Dec 4, 1931

We think that it clearly so appears. … We conclude, therefore, that, while negligence may serve, in the case of non-negotiable instruments, to preclude an attack upon their validity, more persuasive evidence, to establish the duty of care and its breach, may be

People v. Rivera

5 N.Y.3d 61 · New York Court of Appeals · Jun 9, 2005

Further, after determining that the defendant qualifies as a persistent felony offender on the basis of prior convictions, the court “must then make such findings of fact as it deems relevant to the question of whether a … ranges for “persistent violent felony offenders”—defendants with two prior and one current violent felony offense—are separately provided for in Penal Law § 70.08, which is not challenged here and *73 is, in any event, clearly

Farmers & Mechanics' Bank of Kent County, Maryland v. Butchers & Drovers' Bank

28 N.Y. 425 · New York Court of Appeals · Sep 5, 1863

The verdict for the plaintiff must therefore be deemed to establish the facts, that the plaintiff took the checks in good faith, in the usual course of business, for value, and without notice of any want of authority by Peck … He has clearly transgressed his directions. Can the bank repudiate the act of the officer and recover the money back upon the ground of want of power ? The case of Sail v. The Bank of the State, (Dudley’s So. Car.

Gordon v. Nationwide Mutual Insurance

30 N.Y.2d 427 · New York Court of Appeals · Jun 1, 1972

On the trial, to establish negligence and bad faith in Nationwide’s persistent refusal to defend or settle, witnesses called by plaintiff described the practice in the insurance industry. … The insurer may always show that in fact the insured was invulnerable or immune to the judgment, in whole or in part, because of his economic circumstances, or bankruptcy.

The People v. Jonaiki Martinez Estrella

New York Court of Appeals · Mar 19, 2024

(see Valerio, 60 NY2d at 670; Wood, 59 NY2d at 812), and the statute -5-  -6- No. 21 clearly … In People v Stewart, we held that a “serious [assault] involving numerous blows with a sharp instrument . . . described in their most acute aspect by the treating emergency room physician as ‘superficial’ ” did not qualify

423 South Salina Street, Inc. v. City of Syracuse

68 N.Y.2d 474 · New York Court of Appeals · Nov 20, 1986

that borrowing is to be indulged in only when there is a deficiency in the Federal scheme and not to do so is inconsistent with Federal policy, that the borrowing of State procedural rules has been limited to rules that "clearly … the ability to bring federal actions” (742 F2d, at p 1507) was not reasonable, and that the notice of claim provision was a condition precedent to accrual of a right against the municipality and had its roots in sovereign immunity

People v. Smith

68 N.Y.2d 737 · New York Court of Appeals · Jul 10, 1986

While protesting counsel's participation because of the rigged system, defendant made clear that he found no fault with the two individuals; he stated that "these two men [were] qualified in every response in law." … As McIntyre instructs: "So that convicted defendants may not pervert the system by subsequently claiming a denial of their pro se right, the pro se request must be clearly and unconditionally presented to the trial court"

Darry v. People

6 N.Y. 120 · New York Court of Appeals · Jul 1, 1854

It is called implied malice when it is inferred from the naked fact of the homicide, and express when established by other evidence. … To justify these convictions an artificial meaning was attached to the words malice prepense, by which they were *151 made to qualify the taking of human life in all cases where sound policy or the demerits of the offender

People v. Bennett

37 N.Y. 134 · New York Court of Appeals · Sep 15, 1867

Should an indictment be found in an improper manner, or by an insufficient number of jurors, the way is open for redress, by motion, which secures to the accused party immunity from an illegal trial or punishment. … But the annotator upon this text of Blackstone thus remarks in a note: “It seems to be now clearly established, that a free and voluntary confession by a person accused of an offence, whether made before his apprehension,