Case law

Brown v. Mohawk & Hudson Rail Road

1 How. App. Cas. 52 · New York Court of Appeals · Nov 15, 1847

This, then, is a matter of fact; and who so well qualified to pass upon it, as a jury of the country? … The objection was, that all opinions were inadmissible as evidence; not that these particular witnesses were not qualified (not being .experts) to give opinions.

The Matter of Wenceslao Juarez v. New York State Office of Victim Services

New York Court of Appeals · Feb 18, 2021

One must look elsewhere for OVS’s statutory authorization to pay claims, which is most clearly found in subsections (3) and (5) of Executive Law § 623. … phrase “shall . . . include” in subsection 626 (1) very differently from the Appellate Division, which read that language as “mandat[ing] the inclusion of 3 Indeed, other OVS regulations, not at issue in this case, establish

Springer v. Bien

27 Abb. N. Cas. 213 · New York Court of Appeals · Jun 15, 1891

The judgment should be expressly qualified by excluding specified issues ; on which there was no finding. … [The case is not clearly reported, but it seems to imply that- a simple statement in a judgment that a •specified question was not within the issues tried, maybe sufficient to make the judgment without prejudice on that point

Eileen Bransten v. State of New York

New York Court of Appeals · Nov 21, 2017

Clearly the Constitution of 1894 employed the word "compensation" as a broad umbrella term, and used the word "salary" as one component thereof, perhaps the largest, fitting under the compensation umbrella. … In fact, Bockes did not address whether other forms of remuneration or benefits, which did not exist until decades later, could equally qualify as compensation.

Bill Birds v. Stein Law Firm

New York Court of Appeals · Mar 31, 2020

Plaintiffs alleged that the underlying action—which was dismissed as commenced in an improper venue based on a forum selection clause in plaintiffs’ licensing agreements with GM— clearly lacked merit, in part because a … - 13 -  - 14 - No. 19 misleads them to their injury, and if [counsel] is qualified

Smith v. Town of Mendon

4 N.Y.3d 1 · New York Court of Appeals · Dec 21, 2004

As we must always be aware, we are establishing the rule that will govern not just this case, but future cases. … Section 2031 (c) of the Internal Revenue Code grants substantial estate tax benefits to a qualifying conservation easement.

Matter of Steinway

159 N.Y. 250 · New York Court of Appeals · Jun 6, 1899

St. 563, 512), the court said: “ Under the circumstances mentioned for the purposes stated, we are of opinion that according to our ruling when the case was here before, the i’elator is clearly entitled to an examination … It dealt with but a single book, and as to that it amplified the qualified right previously existing, by making it absolute and extending it to judgment creditors.

In re the Accounting of Hubbell

302 N.Y. 246 · New York Court of Appeals · Mar 8, 1951

Hubbell and the New Rochelle Trust Company qualified as trustees and have so acted throughout the period involved in this proceeding. Their first intermediate account was judicially settled and allowed in July, 1935. … Consequently, if the property had been held by the trustees in their own right, the depreciation moneys would clearly have been available for Mr. Hubbell’s use.

Friedman v. State of New York

24 N.Y.2d 528 · New York Court of Appeals · Apr 23, 1969

The phrase "for cause" clearly means "legal cause" — some cause affecting or concerning the ability or fitness of the incumbent to perform the duty imposed upon him ( People ex rel. Munday v. … S. 133 , supra ) a criminal contempt case that is clearly distinguishable from the removal proceeding in the Court on the Judiciary.

The People v. Ramon Cabrera

New York Court of Appeals · Nov 21, 2023

Cabrera also alleges a violation of his right to travel under the Privileges and Immunities Clause based on what he construes as a residency requirement for New York licenses. … For example, in United States v Cruz, the federal district court held the consent to search involuntary where a police officer stated he would otherwise clearly get a warrant if the defendant did not consent to the search

Altshuler Shaham Provident Funds, Ltd. v. GML Tower, LLC

21 N.Y.3d 352 · New York Court of Appeals · Jun 11, 2013

Altshuler recorded this instrument in the Onondaga County Clerk’s office on May 3, 2007, along with a “Mortgage Extension and Modification Agreement,” dated April 30, 2007, which established $5.5 million as the maximum principal … Further, if the 2007 loan agreement had been filed, as it should have been, Altshuler’s failure to file the 2008 amendment clearly would have violated the statute. 9 Altshuler should not benefit from an earlier violation

The Matter of Bethany Kosmider v.Mark Whitney, as Commissioner of the Essex County Board of Elections

New York Court of Appeals · Jun 13, 2019

But ballot voting was not immune to corruption. … To establish the applicability of this exemption, an agency need not establish that the statute at issue “expressly state[s] [that] it is intended to establish a FOIL exemption”; however, there must be a “showing of clear

People v. Slavin

1 N.Y.3d 392 · New York Court of Appeals · Feb 17, 2004

Defendant argues that the photographs were introduced to establish his motive for committing a hate crime by disclosing his subjective thoughts and beliefs on the issue of race. … It is neither administratively necessary nor routine for the police to take such photographs which, here, were clearly taken as part of an investigative search for evidence.

Matter of Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation

25 N.Y.3d 373 · New York Court of Appeals · May 5, 2015

This program was to be designed, “at a minimum,” to “(A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. … Here, DEC has determined that examining NOIs for completeness constitutes a sufficient level of technical regulatory review to qualify a small MS4 for initial coverage under the 2010 General Permit; and that the 2010 General

General Electric Capital Corp. v. New York State Division of Tax Appeals

2 N.Y.3d 249 · New York Court of Appeals · Apr 1, 2004

Tax Law § 1132 (e) places no limitation on the Commissioner’s power to determine the types of parties that could qualify for this benefit. … It is well established that repeals by implication are not favored (see Matter of Consolidated Edison Co. ofN.Y. v Department of Envtl.

People v. Sailor

65 N.Y. 224 · New York Court of Appeals · Jun 4, 1985

They are not so readily applied in criminal litigation, however, because in those matters society is concerned not only with seeing that guilt or innocence is established but that it is established correctly. … The issue clearly is whether double jeopardy principles are applicable to New York’s enhanced sentencing proceedings.

Chemical Specialties Manufacturers Ass'n v. Jorling

85 N.Y.2d 382 · New York Court of Appeals · Feb 9, 1995

cancelled, the registrant, within the prescribed 30-day time period, may (1) make necessary corrections (ECL 33-0713 [3]); (2) file a petition requesting that the matter be referred to an advisory committee comprised of qualified … Thus, in plain, compulsory language, title 7 clearly gives any person adversely affected by a notice of cancellation the right to request a hearing on the matter.

The Matter of Rochester Police Locust Club v. City of Rochester

New York Court of Appeals · Nov 20, 2023

In any event, by 1985 the case law was clearly established that police discipline was a proper subject of collective bargaining where the procedures of Civil Service Law §§ 75 and 76 applied, and the City Council certainly … Some of those areas are marked off by conflicting statutes, but others have not been addressed by the legislature so clearly (e.g.

In re the New York Elevated Railroad

70 N.Y. 327 · New York Court of Appeals · Sep 18, 1877

A proper application under this act, signed by fifty qualified persons, Avas presented to the mayor of Nbav York, praying for the appointment of commissioners, and he appointed the five commissioners July 1,1875. … It was simply a proceeding to constitute a -tribunal to hear and determine, and it was clearly intended that no notice should be required, as no ■ hearing of the- parties interested is given, while it is specially ■ provided

Matter of N.Y. Elevated R.R. Co.

70 N.Y. 327 · New York Court of Appeals · Sep 18, 1877

A proper application under this act, signed by fifty qualified persons, was presented to the mayor of New York, praying for the appointment of commissioners, and he appointed the five commissioners July 1, 1875. … It was simply a proceeding to constitute a tribunal to hear and determine, and it was clearly intended that no notice should be required, as no hearing of the parties interested is given, while it is specially provided, both