Case law

Mandeville v. . Reynolds

68 N.Y. 528 · New York Court of Appeals · Feb 23, 1877

"When showing the judgment on the docket and giving a copy of it, he did not qualify its apparent effect, as of a judgment then at once collectible; and afterwards he effected an assignment or assignments of it, so as to … As between plaintiff and defendant, in that action, it is sufficient, when established to the satisfaction of court and jury.

People v. . O'Brien

111 N.Y. 1 · New York Court of Appeals · Nov 27, 1888

Mayor, etc., said: “ As the consideration for constructing the road the ordinance clearly contemplates that it is to become the private property of the associates. … Thus railroad corporations have been authorized to contract with other corporations for a qualified transfer of such franchises for terms unlimited except by the agreement of the parties (Chap. 218, Laws of 1839; § 2, chap

Kirschner v. KPMG LLP

15 N.Y.3d 446 · New York Court of Appeals · Oct 21, 2010

In pari delicto is a long-established tenet of law that instructs courts to refrain from intervening in a dispute between two parties at equal fault ( see e.g. … Moreover, it is unclear how immunizing gatekeeper professionals, as the majority has effectively done, actually incentivizes corporate principals to better monitor insider agents.

Babcock v. Utter

1 Keyes 397 · New York Court of Appeals · Dec 15, 1864

In my opinion this conclusion is in conflict with well-established principles. … They seem to establish the following propositions: First.

Petróleos de Venezuela v. MUFG Union Bank

New York Court of Appeals · Feb 20, 2024

[a]uthorize the National Executive to enter into contracts of national interest, in the cases established by law,” and to “[a]uthorize contracts of municipal, state and national public interest, with States or official … article 8, “as amplified by the Official Comments” (Banque Worms v BankAmerica Intl., 77 NY2d 362, 373 [1991]), support the view that a security’s validity, at the time it is issued, may be determined by reference to a qualifying

People v. Watkins

42 N.Y.3d 635 · New York Court of Appeals · May 23, 2024

Adjudicating ineffective-assistance cases may help to establish the floor, but cannot move us higher. Troutman, J. (dissenting). … Science does not support the popularly-held idea that race is a fixed human characteristic immune from societal reinterpretation and manipulation.

People v. Farmer

194 N.Y. 251 · New York Court of Appeals · Feb 9, 1909

The defendant under her general plea of not guilty attempted at the trial to establish that she was insane and wholly irresponsible for any acts relating to the homicide that might be found against her. … It was clearly a deliberate and intentional act. There are no circumstances that point to justification or that mitigate its heinousness.

The People v. Anonymous

New York Court of Appeals · Feb 18, 2020

The law clearly intends that the criminal action and proceedings be treated as if they never occurred—as if they are not part of defendant’s past. … criminal proceedings, against the interests of various law enforcement agencies and representatives in the same materials” (89 NY2d at 767).12 While commanding the sealing of official records, the statute does not grant immunity

People v. . Smith

172 N.Y. 210 · New York Court of Appeals · Oct 7, 1902

Although'"to prove a fact by circumstances the circumstances themselves must be established by direct proof and not. left to inference, yet it does- not follow that all the circumstances which were established upon the trial … If she had been qualified and the question had been whether some particular act testified to by her impressed her as natural or otherwise, quite another question would have been presented.

Matter of New York Civ. Liberties Union v. New York City Police Dept.

32 N.Y.3d 556 · New York Court of Appeals · Dec 11, 2018

Rather, the statute establishes specific procedural rights and mechanisms designed to implement its protective goals. … Subdivisions (2) and (3) establish a process for a court to determine whether to disclose these personnel records.

Whitford v. Panama Railroad

9 N.Y. 465 · New York Court of Appeals · Sep 15, 1861

This certainly has been there the received and well-established rule of law. … Judge Metcalf says, if these actions can be maintained, it must be upon some established principle of the common law.

Citizens for an Orderly Energy Policy, Inc. v. Cuomo

78 N.Y.2d 398 · New York Court of Appeals · Oct 22, 1991

instrumentality of the State * * * which is mandated to employ the most cost-effective method of acquiring LILCO * * * Under LILCO, Long Island’s electric rates will remain inordinately high whether or not *422 Shoreham opens * * * Clearly … Although this section vests LIPA with discretion to acquire "all or any part” of LILCO, the exercise of that discretion is expressly contingent and qualified as set forth in the following significant provisions.

People v. . Farmer

194 N.Y. 251 · New York Court of Appeals · Feb 9, 1909

The defendant, under her general plea of not guilty, attempted at the trial to establish that she was insane and wholly irresponsible for any acts relating to the homicide that might be found against her. … It was clearly a deliberate and intentional act.

Matter of LeadingAge N.Y., Inc. v. Shah

32 N.Y.3d 249 · New York Court of Appeals · Oct 18, 2018

Unless discounted as throwaway dicta, the majority's statement places the entirety of 18 NYCRR part 504, in which DOH requires that only "qualified and responsible persons may be enrolled as providers of care, services, and … However, the soft cap exceptions are not directly tied to efficiency or quality of care and do not clearly emanate from DOH's expertise in the health care industry.

MTR. OF SHONDEL J. v. Mark D.

7 N.Y.3d 320 · New York Court of Appeals · Jul 6, 2006

Clearly it does, in the absence of legislative repeal or a determination of unconstitutionality. … The record also establishes that the child justifiably relied on Mark's representations, accepting and treating him as her father.

the Matter of Anthony S. Hoffmann v. New York State Independent Redistricting Commission

New York Court of Appeals · Dec 12, 2023

The Constitution clearly establishes the IRC process as predominant over court- drawn districts. “To the extent” and “required” are limiting words that cannot be disregarded. … conclusion (see Governor’s Approval Mem, Bill Jacket, L 2012, ch 17 at 5-6 [far from complaining about judicial intervention in redistricting, expressing concern that the legislative redistricting process was “largely immune

Losee v. . Buchanan

51 N.Y. 476 · New York Court of Appeals · Jan 5, 1873

But if we assume, as was assumed at the General Term in that case, that the defendant did not have the protection of the law for the damages which it occasioned, then it was clearly liable. … somewhat qualified and explained, and are tlieref! some criticism.

Matter of DeVera v. Elia

32 N.Y.3d 423 · New York Court of Appeals · Nov 20, 2018

Under the new statutory scheme, charter schools—not established in New York until after the Legacy Pre-K Law took effect—could qualify as providers of prekindergarten programs ( id. § 3602-ee [3] [a]). … The school district's central accountability role is further established by its duty to inspect.

Hillyer v. Vardewater

3 Silv. Ct. App. 13 · New York Court of Appeals · Jun 3, 1890

Clearly upon the whole estate, and not upon any *28 one daughter. … Y. 402 , is cited as an authority to establish the validity of this trust. It is not easy to reconcile some of the views expressed in the opinion in that case with later decisions in this court.

Allied-Signal Inc. v. Commissioner of Finance

79 N.Y.2d 73 · New York Court of Appeals · Dec 23, 1991

constitutionally justified if it is paid in exchange for some service or benefit to the taxpayer provided by the taxing jurisdiction (see, e.g., Northwestern Cement Co. v Minnesota, 358 US 450, 461-462 ["founders did not intend to immunize … The substantial privilege of carrying on business in Wisconsin, which has here been given, clearly supports the tax, and the state has not given the less merely because it has conditioned the demand of the exaction upon happenings