Case law

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

Delafield v. Parish

11 N.Y. 9 · New York Court of Appeals · Jun 15, 1862

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

Everitt v. Everitt

2 N.Y. 39 · New York Court of Appeals · Mar 15, 1864

If this was less clearly so upon the terms of the statutes, the par *73 ticular provisions of this will, show that the gifts were distributive and several, and not joint. … The intention not to postpone the vesting until the youngest came of age is most clearly demonstrated in the last provision of the tenth clause.

Wright v. Garlinghouse

12 N.Y. 539 · New York Court of Appeals · Jun 15, 1863

Clearly, I submit, for Horton, Bartle & McHeil, 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.)

NYS CLINICAL LAB. v. Kaladjian

85 N.Y.2d 346 · New York Court of Appeals · Feb 23, 1995

Each test must be separately ordered by a qualified practitioner as defined in paragraph (b) (3) of this section." *350 Prior to the amendment, independent laboratories were entitled to receive payment for tests ordered by … Rather, it established that respondent's interpretation of the regulation as permitting the grouping of tests on order sheets only in categories approved by the American Medical Association was not in harmony with the plain

Incorporated Village of Cedarhurst v. Hanover Insurance

89 N.Y.2d 293 · New York Court of Appeals · Dec 18, 1996

Defendant contends that the pollution exclusions clearly and unambiguously exclude coverage for the discharge of raw sewage because the policies include "waste" in the definition of pollutant. … the actual * * * or threatened discharge, dispersal, seepage, migration, release or escape of pollutants" (emphasis supplied), and contain no exception for the sudden or accidental discharge of pollutants, or any similar qualifying

Wallace & Sons v. Walsh

3 Silv. Ct. App. 212 · New York Court of Appeals · Dec 15, 1890

All that is necessary to establish the legal fraud and take the stock issued out of the immunity assured to the stock honestly issued in pursuance of the act of 1853, is to prove two facts. (1) That the stock issued exceeded … This clearly was not the intention of the legislature. Boughton v. Otis, ante.

Gen. Contrs. v. Thruway

88 N.Y.2d 56 · New York Court of Appeals · Mar 28, 1996

As applied particularly to PLAs, which are clearly different from typical prebid specifications in their comprehensive *69 scope, more than a rational basis must be shown. … It provides uniform work rules for all trades, establishing standard hours of work per day and per week.

Harris v. . Moody

30 N.Y. 266 · New York Court of Appeals · Mar 5, 1864

Such being their nature and properties, they were clearly subjected as property, to the burthen of contribution, in the case under consideration. … Even the same author qualifies this, in that he means to exclude from contribution only the wearing apparel and. ornaments belonging to the person, by saying: “ If a passenger should conceal in his trunk, or about his body

Mercury Bay Boating Club Inc. v. San Diego Yacht Club

76 N.Y.2d 256 · New York Court of Appeals · Apr 26, 1990

In its argument, San Diego rejects the primary meaning 16 of the word "any” and the sense in which it clearly appears Mr. … We think it has been clearly answered.

Saint Nicholas Cathedral of the Russian Orthodox Church in North America v. Kedroff

302 N.Y. 1 · New York Court of Appeals · Nov 30, 1950

A mission was established in 1793 in the then Russian territory of Alaska, and spread down the Pacfic coast. … The Legislature was aware of the contemporary views of qualified observers who have visited Russia and who have had an opportunity to observe the present status of the patriarchate in the Soviet system. 7 The Legislature

The Matter of Mental Hygiene Legal Service v.Anita Daniels

New York Court of Appeals · Feb 14, 2019

On the merits, BPC argued that Mental Hygiene Law § 9.31 does not clearly require it to provide copies of a patient’s clinical chart as the phrase “record of the patient” is defined in section 9.01 to encompass the application … Alternatively, an organization can demonstrate “standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy” (Warth v Seldin,

People v. Shulman

6 N.Y.3d 1 · New York Court of Appeals · Oct 25, 2005

From the license plate number, Detective White established that the car was registered to an individual who turned out to be defendant’s brother. … “Relative or qualifying words of clauses . . . ordinarily are to be applied to the words or phrases immediately preceding, and are not to be construed as extending to others more remote, unless the intent of the statute clearly

The People v. Corey Dunton

New York Court of Appeals · Apr 23, 2024

As the record establishes, the court and law enforcement officials considered defendant a security threat. … The court further explained that it had reviewed video footage of one of the earlier altercations, which it described as depicting defendant “clearly trying to escalate and create some hostility.”

Ederer v. Gursky

9 N.Y.3d 514 · New York Court of Appeals · Dec 20, 2007

But the remedy of accounting is restitutionary by definition (see Eichengrun, Remedying the Remedy of Accounting, 60 Ind LJ 463, 463 [1984-1985] [in an accounting, “(t)he plaintiff must establish some basis for the obligation … If the Legislature had intended to qualify section 74 in this manner, however, it surely would have explicitly made section 74 subject to sections 26 (b) and/or 26 (c).

The People v. Nathaniel Boone , The People v. Albert Cotto

New York Court of Appeals · Feb 22, 2024

In contrast, under SORA, when an offender is to be released the statute clearly requires that certain parties are timely and properly notified about the impending risk level adjudication—i.e., the Board, the sentencing … At the time of defendants’ respective SORA hearings—the relevant time for our purposes—no final judicial determination had yet been made as to whether they qualified for civil commitment under SORA.

People v. . Meyer

162 N.Y. 357 · New York Court of Appeals · Mar 27, 1900

The right and duty of the court to exclude such evidence when it is the product of fear, duress or threats, presupposes the same right and duty to admit such evidence when it as clearly appears that it was purely voluntary … The evidence establishes beyond a reasonable doubt that the defendant fired the shots which caused the death of Smith; and conclusively that death resulted from the wound inflicted by such shots.

Mtr of Cent Mut Ins (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 Genski 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.

Hoyt v. . Thompson

5 N.Y. 320 · New York Court of Appeals · Sep 5, 1851

Since the adoption of the revised statutes, maintenance has not under our laws been recognised as an offence, and champerty only remains an offence in a qualified form. ( Mott v. … The statute of New Jersey under which the receivers of the Morris Canal and Banking Company were appointed, was clearly a statute in the nature of a bankrupt law.

Matter of People (Norske Lloyd Ins. Co.)

242 N.Y. 148 · New York Court of Appeals · Feb 24, 1926

Stated broadly in another form the question is whether the qualifying words “ policyholders in the United States ” refer to the origin of the policy and, therefore, are intended to protect our citizens or residents doing … In the second case we affirmed a judgment against the Superintendent of Insurance on the ground that the findings unanimously affirmed established “ the continued existence of the corporation and the authority of the directors