Case law

Van Rensselaer v. . Hays

19 N.Y. 68 · New York Court of Appeals · Mar 5, 1859

The question was not whether the defendants were liable to be sued on the express covenant, for they clearly were, whether it ran with the land or not. … It is the same kind of evidence upon which a large portion of the principles of our system of laws has been established.

Downing v. . Marshall

23 N.Y. 366 · New York Court of Appeals · Sep 5, 1861

He therefore declared, in plain words, that *Page 370 the brothers' children should have this property if his own son should die without issue, and he did not qualify that contingency by still another which might prove, and … I am clearly of opinion that a trust to receive the rents and profits of real estate, and apply them to the use of the beneficiaries named, was marked out in these provisions.

Ersin Konkur v. Utica Academy of Science Charter School

New York Court of Appeals · Feb 10, 2022

The available avenues for enforcement are clearly pronounced in the text and the statutory history. … Thus, the majority’s attempt at distraction fails, as my analysis is grounded in legal doctrine and established rules of interpretation.

The People v. Eric R. Johnson, The People v. John A. DiSalvo, The People v. Costandino Argyris

24 N.Y.3d 1138 · New York Court of Appeals · Nov 25, 2014

Indeed, the caller's report was clearly contemporaneous, as he said that he was coming out of a building - 37 -  - 38 - No. 198, 199, 210 at his … An anonymous source, immune from prosecution for false statements, places nothing "on the line.

Huckaby v. New York State Division of Tax Appeals

4 N.Y.3d 427 · New York Court of Appeals · Mar 29, 2005

The Supreme Court, however, has established distinct Commerce Clause and due process restraints in its state taxation rules. … NOTES [1] The Court, however, held that an exemption that discriminated against nonresidents violated the Privileges and Immunities Clause (252 US at 80). [2] The convenience test was formerly found at 20 NYCRR 131.16 ( see

People v. Goldstein

6 N.Y.3d 119 · New York Court of Appeals · Dec 20, 2005

The proponent's burden of showing acceptance in the profession may be met through the testimony of a qualified expert, whether or not that expert is the same one who seeks to rely on the out-of-court material. … Clearly, no problematic issues arose during these brief deliberations.

U.S. Bank National Association v. DLJ Mortgage Capital

New York Court of Appeals · Mar 17, 2022

The parties structured the repurchase protocol entirely through the lens of individual “mortgage loans”—clearly contemplating a loan-by-loan approach to the agreed-upon sole remedy for breach. … I dissent from the majority’s departure from our established contract principles and liberal application of the CPLR.

Nadkos, Inc. v. Preferred Contractors Insurance Company Risk Retention Group

New York Court of Appeals · Jun 11, 2019

The text of Insurance Law § 2601 (a) (6) plainly qualifies its reference to Insurance Law § 3420, limiting it to an insurer’s failure “to promptly disclose coverage pursuant to” sections 3420 (d) and (f) (2) (A). … Thus, our reliance on dictionary definitions here is fully in accord with established canons of construction.

The People v. Limmia Page

New York Court of Appeals · Jun 11, 2020

Here, if subsection (7) were intended to refer to all CBP agents, including those employed with air and marine operations, the Legislature would not have used the term “Border Patrol” as a qualifier in the statutory text … The People maintain that the statutory scheme governing citizen’s arrests does “not serve to protect individuals against government conduct,” but rather is designed “to establish the circumstances under which a person

The People v. Limmia Page

New York Court of Appeals · Jun 11, 2020

Here, if subsection (7) were intended to refer to all CBP agents, including those employed with air and marine operations, the Legislature would not have used the term “Border Patrol” as a qualifier in the statutory text … The People maintain that the statutory scheme governing citizen’s arrests does “not serve to protect individuals against government conduct,” but rather is designed “to establish the circumstances under which a person

Roxanne Delgado v. State of New York

New York Court of Appeals · Nov 17, 2022

assigned to the commission included in the legislation are appropriate under the circumstances to prevent such bodies from either intruding upon the Legislature’s law-making function or rendering “the legislative power” immune … The term “fixed” - 23 -  - 24 - No. 83 clearly calls for an unchanging level of compensation.

Walton v. New York State Department of Correctional Services

13 N.Y.3d 475 · New York Court of Appeals · Nov 23, 2009

With the caveat that, by its nature, incarceration restricts the ability of a prisoner to associate with family and friends, petitioners' public policy arguments are clearly substantial. … Further, the PSC, in fact, established the reasonableness of the total rate despite its disclaimer with respect to DOCS's commission.

The People v. Roni Smith The People v. Keith Fagan

28 N.Y.3d 191 · New York Court of Appeals · Nov 1, 2016

This conclusion is not supported by the case law, which clearly shows that Catu was based on due process guarantees already well established in both federal and state jurisprudence. … Here, the relevant due process rights were known and clearly defined at the time of the defendants' respective convictions.

Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.

New York Court of Appeals · Dec 12, 2017

mortgage loan; the mortgage file contains an appraisal of the related mortgaged - 4 -  - 5 - No. 39 property which was made by a qualified … It clearly - 8 -  - 9 - No. 39 covers any and all misrepresentations related to the entire agreement, meaning the entire transaction

The People v. Tyquan Johnson

New York Court of Appeals · May 18, 2023

WILSON, Chief Judge: In People v De Bour (40 NY2d 210, 216 [1976]), we established a four-tiered framework for evaluating the propriety of police-initiated encounters with civilians (see … Johnson clearly runs afoul of level 3.

People v. . Benham

160 N.Y. 402 · New York Court of Appeals · Oct 24, 1899

We expect to establish it by legal evidence,— competent evidence. … Some of these requests required facts to be established by evidence equivalent to “ absolute and positive proof.”

Brock v. . Poor

216 N.Y. 387 · New York Court of Appeals · Dec 14, 1915

In that case it was written by this court, as it cannot be written here, in answer to the attempts of the demur-rants to turn what was clearly intended as an individual cause of action into a derivative one by reference to … In the attempt to establish such right some arguments are made which either are not supported by the facts as alleged or which do not meet the question.

New York Times Co. v. Regenhard

4 N.Y.3d 477 · New York Court of Appeals · Mar 24, 2005

While the record is less clear than it might be, it establishes that the interviews were intended as an "historical record" — which implies that the interviews would be disclosed to the public. … Once again, however, we qualify our conclusion, because we are mindful of the enormous importance to the public interest of an orderly and fair trial for Moussaoui.

Lilya Andryeyeva v. New York Health Care , Adriana Moreno v. Future Care Health Services

New York Court of Appeals · Mar 26, 2019

They further argued that plaintiffs were adequate class representatives and had selected qualified counsel to prosecute the class wage claims. … DOL maintains that if plaintiffs establish prima facie that defendants failed to comply with Labor Law and regulatory record keeping requirements that the burden would shift to defendants to establish they maintained the

Walton v. Walton

2 Abb. Pr. 428 · New York Court of Appeals · Sep 15, 1863

Walton, surviving executor of Jonathan Walton, deceased, and that plaintiff qualified as such administrator de bonis non; that William B. … If they had not been, the plaintiff was clearly entitled to the securities themselves, as a portion of the unadministered assets of Jonathan Walton.