Case law

People ex rel. Hoyt v. Commissioners of Taxes

21 How. Pr. 385 · New York Court of Appeals · Aug 15, 1861

The amendment is quite material to the present question, because it clearly shows that an actual situs within the state is the criterion of taxation. … These cases not only establish a construction of statutes framed like our own, but they all assert the principles of taxation, which lie at the very foundation of the subject.

People ex rel. Wood v. Draper

1 N.Y. 532 · New York Court of Appeals · Jul 1, 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.”

People v. Applied Card Systems, Inc.

11 N.Y.3d 105 · New York Court of Appeals · Jun 26, 2008

as a matter of grammar” (Barnhart v Thomas, 540 US 20, 26 [2003] [some internal quotation marks omitted]; see also 2A Singer and Singer, Statutes and Statutory Construction § 47:33, at 487 [7th ed 2007] [“Referential and qualifying … A creditor was, in fact, permitted to make *130 an inconsistent state law disclosure so long as it was placed on a separate piece of paper from the TILA disclosures, or below a clearly marked line on the same statement containing

People ex rel. Hoyt v. Commissioners of Taxes

9 N.Y. 224 · New York Court of Appeals · Jun 15, 1861

This amendment is quite material to the present question, because. it clearly shows that an actual situs within the State is the criterion of taxation. … These cases not only establish a construction of statutes framed like our own, but they all assert the principles of taxation, which lie at the very foundation of the subject.

Trimm v. . Marsh

54 N.Y. 599 · New York Court of Appeals · Jan 5, 1874

that the mortgage was *Page 616 "merely a lien until foreclosed or possession taken under it by the mortgagee, and that thus the mortgagor, until either of these events had occurred, was the beneficial owner, a freeholder, qualified … to be understood that a mortgagee's possession, obtained after and by reason of a condition broken, does not enlarge his estate in the mortgaged premises, and that the notion that it does rests upon no foundation, he was clearly

Rapid Transit Subway Construction Co. v. City of New York

259 N.Y. 472 · New York Court of Appeals · Jul 19, 1932

That result, following from adherence to “ the logical consistency of a juridical concept,” would clearly constitute a perversion of the privilege to do business in a corporate form. … If it were itself the plaintiff asking damages for delay under the construction contract, then, clearly, its own acquiescence in that delay would bar recovery.

Matter of Lisa T. v. King E. T.

New York Court of Appeals · Dec 19, 2017

However, the statutory language is quite clear that among the remedies, only "mak[ing] a new order of protection" is subject to the qualifier, "in accordance with section 842." … By disregarding the meaning of sections 842 and 841 in its reading of section 846-a, the majority is undoing this clearly intended separation.

In Re Board of Rapid Transit Railroad

197 N.Y. 81 · New York Court of Appeals · Dec 17, 1909

It can lawfully claim no immunity from liability, except such as would belong to a railroad company, engaged in a similar enterprise, under like circumstances. … Clearly, disbursements are not allowed, whether for experts, searches or copies of records.

159 MP Corp v. Redbridge Bedford

New York Court of Appeals · May 7, 2019

At most, this would qualify as longstanding legislative inaction in the face of well-established common law, which we typically construe as approval (see People v Defore, 242 NY 13, 23 [1926] [Cardozo, J.] … “[F]reedom of contract is a qualified and not an absolute right.

The Ministers and Missionaries Benefit Board v. Leon Snow v. The Estate of Clark Flesher

26 N.Y.3d 466 · New York Court of Appeals · Dec 15, 2015

trust as testamentary instrument]; Matter of Riefberg, 58 NY2d 134, 138-139 [1983] [stockholders’ agreement]; see also 38 NY Jur 2d, Decedents’ Estates § 260) and yet is not technically a will or controlled *492 thereby, it qualifies … But, the vagaries of this *494 area of law should not cause us to lose sight of the vital substantive policies established by the legislature, and where it is possible to reconcile those policies with the terms of the parties

IKB International v. Wells Fargo Bank

New York Court of Appeals · Jun 15, 2023

Upon discovery by the Depositor, the Seller, a Servicer or the Trustee that any Mortgage Loan does not constitute a “qualified mortgage” within the meaning of Section 860G(a)(3) of the Code, the party discovering such fact … “ ‘It is a well-established principle that a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated’ ” (Dormitory Auth. of the State of

Mattison v. Baucus

1 How. App. Cas. 639 · New York Court of Appeals · Apr 15, 1848

This was a part of the res gestee, and was clearly admissible. … Most clearly the plaintiff was not bound to prove a process void, when there was no evidence of its existence.

President, Directors & Co. of Mechanics' Bank v. New-York & New Haven Railroad

13 N.Y. 599 · New York Court of Appeals · Jun 5, 1856

In order to keep in view the exact conditions of the general question, I think it proper to state the conclusions which I consider thus far established. They are as follows: 1. … I know of no other mode in which a controverted power can be established.

People v. Hecker

15 N.Y.3d 625 · New York Court of Appeals · Nov 30, 2010

I think, qualify under Batson.” Finally, Guardino’s counsel said, “we have virtually an all white jury. The challenges have been used [by the prosecutor] to remove people of color, all of them.” … of discrimination had been established.

Justice v. . Lang

42 N.Y. 493 · New York Court of Appeals · Jun 5, 1870

With a different rule, there could be no such thing as the establishment of a principle by the court of last resort, when more than a single point was presented.” … This is clearly a mistake.

People v. . Shilitano

218 N.Y. 161 · New York Court of Appeals · May 9, 1916

It was incumbent upon the People to establish his guilt beyond a reasonable doubt. … It is of that nature of so-called impeachment we have heretofore spoken of, except in the cases of Eng Hing and Becker which within our reasoning are clearly distinguishable from the case at bar.

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

58 N.Y. 1 · New York Court of Appeals · Jun 9, 1874

It may not be material whether the property in the money was absolute or qualified, general or special; but there must be an ownership of some kind to give an action. … This action is not to establish or enforce a trust.

The People v. Andrew J. Regan

New York Court of Appeals · Mar 16, 2023

It has not established good faith in this case. … Indeed, those barriers are clearly reflected here by the People’s inaction in response to the complainant’s prompt report to the police that she had been raped by defendant.

Diamond Asphalt Corp. v. Sander

92 N.Y.2d 244 · New York Court of Appeals · Jul 9, 1998

It clearly provides that all contracts for “public work” must be awarded to the lowest responsible bidder, “[e]xcept as otherwise expressly provided by an act of the legislature or by a local law adopted prior to [Sept. 1 … Diamond argues that because Charter § 313 (b) was passed by the electorate in 1989, it constitutes a law adopted after *265 September 1, 1953 and thus cannot qualify under the local law exemption set forth in General Municipal

People Ex Rel. Tyroler v. Warden of City Prison

157 N.Y. 116 · New York Court of Appeals · Nov 22, 1898

Clearly, the agent of a transportation company, in the purchase and sale of tickets of foreign corporations, is not engaged in selling the passage tickets of the transportation company appointing him. … business that, in the hands of incompetent persons, may be productive of injury to others, the legislature may require that before engaging therein, one must satisfy the public authorities that he is competent and morally qualified