Case 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

Alco Gravure, Inc. v. Knapp Foundation

64 N.Y.2d 458 · New York Court of Appeals · Mar 28, 1985

I The Knapp Foundation is a nonprofit corporation established in 1923 by act of the Legislature (L 1923, ch 21, as amended by L 1927, ch 607). … The North Carolina Foundation makes contributions to recognized tax-exempt organizations qualified to receive such contributions but does not provide assistance to individuals.

Matter of Coalition for Fairness in Soho & Noho, Inc. v. City of New York

2026 NY Slip Op 00076 · New York Court of Appeals · Jan 13, 2026

No fee is imposed on the conversion of JLWQA units to retail establishments. … As a demand for additional acreage for the easement, this alternative clearly qualified for heightened scrutiny.

University of Notre Dame Du Lac v. Twentieth Century-Fox Film Corp.

15 N.Y.2d 940 · New York Court of Appeals · Mar 18, 1965

Not only does appellant allege exploitation in its complaint, and thus establish a valid cause of action that defeats the present motion, but, also, respondents by their numerous affidavits and memoranda (see ns. 6, 8) establish … In deciding that the causes of action are both appropriate and constitutional in this case we need go no farther than the facts of this case, and in this case the facts that we regard *953 clearly stand somewhat alone.

Richards v. Kaskel

32 N.Y.2d 524 · New York Court of Appeals · Jun 6, 1973

[a]) of the Internal Revenue Code to shareholders of a qualifying co-operative apartment corporation, the innocent purchasers under the plan are fully able to protect themselves from such financial loss — and, indeed, from … The statutory scheme, therefore, clearly vests exclusive primary jurisdiction in that official to consider the sufficiency of the language and content of the plan, and his determination that the plan has complied with the

Ingersoll v. . Nassau Electric R.R. Co.

157 N.Y. 453 · New York Court of Appeals · Jan 10, 1899

Thus railroad corporations having been authorized to contract with other corporations for a qualified transfer of such franchises for terms unlimited except by the agreement of the parties. … Special attention is called to section 102 of the Eailroad Law as clearly indicating the legislative understanding of the sense in which the words used by it were employed.

In re M.B. Mental Hygiene Legal Service

6 N.Y.3d 437 · New York Court of Appeals · Mar 23, 2006

The new provision—SCPA 1750 (2)—imposes an additional certification requirement, clearly applicable to all future guardianship proceedings. … Moreover, courts are clearly empowered to resolve disputes concerning particular health care decisions made by guardians.

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

26 How. Pr. 1 · New York Court of Appeals · Jun 15, 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 Hull agt. The Bank of the State (Dudley’s So. Car.

PBA v. City of NY

97 N.Y.2d 378 · New York Court of Appeals · Dec 20, 2001

where a statute contained a grandfather clause providing that the local laws of 14 localities were not repealed because they were enacted before the effective date of the statute, this Court held that the State statute "was clearly … Thus, in order to determine whether an impasse exists as to "conditions of employment," PERB must be authorized to determine what qualifies as a proper condition of employment because if the impasse does not relate to a condition

The People v. Melvin Baez

New York Court of Appeals · Apr 25, 2024

Nor is the fact that neither officer clearly explained who removed the evidence from the latex glove, or what happened to the latex glove after the evidence was vouchered, indicative of tampering. … of the evidence review, drawing negative inferences against the prosecution at every opportunity, questioning uncontested matters like the legality of the police stop, and relying on an informational source that does not qualify

Video Aid Corp. v. Town of Wallkill

85 N.Y.2d 663 · New York Court of Appeals · May 11, 1995

The rules regarding the "voluntary versus involuntary/legal duress” determination are well established. … Further, other well-established precedents also support our view that reimbursement of the illegal exaction is proper here. In American Dist. Tel.

People v. Mackell

40 N.Y.2d 59 · New York Court of Appeals · Jun 10, 1976

servant, with the intent to obtain a benefit or deprive another person of a benefit, either engages in an unauthorized exercise of his official functions or knowingly refrains from performing a duty imposed by law or which is clearly … It cannot be seriously contended that members of a District Attorney’s staff are immune from the sweep of the criminal law.

In Re the Appraisal for Taxation of the Property of Bronson

150 N.Y. 1 · New York Court of Appeals · Oct 6, 1896

It may exist, as it were, in the air, for it may consist of a right, which, if denied, must be established by parol evidence. … St. 407.) “ The expression, ‘ shares of stock,’ when qualified by words indicating number and ownership, expresses the extent of the owner’s interest in the corporation property.

In re Dashawn W.

21 N.Y.3d 36 · New York Court of Appeals · Apr 25, 2013

Légano was qualified as an expert in pediatrics and child abuse. … Second, Social Services Law § 384-b (8) (a) (iv) clearly states that Family Court may excuse diligent efforts when they are found to be detrimental to the best interests of the child.

Ambac Assurance Corporation v. Countrywide Home Loans, Inc.

27 N.Y.3d 616 · New York Court of Appeals · Jun 9, 2016

The party asserting the privilege bears the burden of establishing its entitlement to protection by showing that the communication at issue was between an attorney and a client "for the purpose of facilitating the rendition … Clearly the process served to ensure that only this very limited universe of documents from a finite period in the transaction, fell squarely within the bounds of the common interest doctrine and were therefore properly withheld

New York Post Corp. v. Kelley

296 N.Y. 178 · New York Court of Appeals · Jan 17, 1947

The risk that the ruling of a qualified tribunal may be a wrong one is a risk every citizen must run (see Stoll v. Gottlieb, 305 U. S. 165, 171 ). . Here that risk is not one of grave or irreparable injury. … City and similar cases cited, supra), where taxing bodies make levies against persons clearly not subject to the particular taxes.

People v. . Wood

126 N.Y. 249 · New York Court of Appeals · Apr 14, 1891

It is clearly not a case where Pasco was killed upon sudden provocation or sudden excitement, in consequence of some extraordinary and unexpected and sudden information to this defendant. … I think the learned court clearly erred.

Ide v. . Brown

178 N.Y. 26 · New York Court of Appeals · Mar 15, 1904

Unless they are established clearly by satisfactory proofs and are equitable, specific performance should not be decreed. … I think that upon principle and the most recent authorities the judgment in this case is clearly wrong.

Van Deusen v. Young

2 N.Y. 9 · New York Court of Appeals · Mar 15, 1864

Brown (6 Seld. 114) was an action of waste, against a tenant' for years, where the defendant sought to establish the converse of the proposition claimed by the plaintiffs in this action. … It may not be stated as guardedly, perhaps, as it ought, but, properly qualified, it is not only to be approved but the country cannot get on without it.

The People v. . Simeon Draper

15 N.Y. 532 · New York Court of Appeals · Jun 5, 1857

Yet the legislative disability to establish courts outside of the incorporated cities is clearly implied from the authority given in the fourteenth section of the sixth article, that "inferior local courts of civil and criminal … jurisdiction may be established by the legislature in cities."