Case law

Pataki v. New York State Assembly

4 N.Y.3d 75 · New York Court of Appeals · Dec 16, 2004

I agree that customary usage does not establish an immutable model of appropriation (see plurality op at 98). … This is to be distinguished from language which qualifies or directs the use of appropriated funds . . .” (Jessen Assoc., Inc. v Bullock, 531 *113 SW2d 593, 599 [Tex 1975]).

In Re the Liquidation of Union Indemnity Insurance

92 N.Y.2d 107 · New York Court of Appeals · Jun 11, 1998

The lower court qualified the claim as timely, and admitted it to participation in the Security Fund, stating that no prejudice would arise by granting that relief ( id. , at 850). … Such a result clearly would contravene Insurance Law § 7434 (b), and the established principles underlying that statute ( see , People v American Loan & Trust Co. , supra , 172 NY, at 377-380 ).

Daniel Williams v. Beemiller, Inc.

New York Court of Appeals · May 9, 2019

Bostic, Brown sold only 9 out of 525 firearms to out-of-state 6 In accordance with his federal firearms license, Brown operated a retail firearm store out of his home and sold firearms, within certain parameters, at qualifying … Based on those representations Brown received approval to make the sale, and based on that approval Brown sold Upshaw 85 firearms in the aforementioned cash transaction on October 8, 2000.7 At bottom, the record clearly

Caujolle v. . Ferrie

23 N.Y. 90 · New York Court of Appeals · Mar 5, 1861

it cannot be said that it tends at all to establish the issue. … I consider the present case as not affording such evidence as has even been held sufficient to establish a marriage.

Harkenrider v. Hochul

New York Court of Appeals · Apr 27, 2022

candidate who has a juris doctorate, a master’s degree in political science, and a master’s degree in applied statistics, and who has participated as an expert in several redistricting proceedings in other states — was qualified … light of the legislature’s demonstrated agreement to “permanent[ly]” and “meaningful[ly]” reform the redistricting process for future years and “provide transparency to a process [otherwise] cloaked in secrecy and largely immune

Thomson v. Sanders

3 Silv. Ct. App. 157 · New York Court of Appeals · Jan 14, 1890

The affirmative relief demanded by the answer in some sense qualified or diminished the plaintiff’s recovery in view of all the allegations of the complaint and the relief demanded by it, and yet preserved all the rights … The cause of action set up in the complaint was clearly an action in tort and not on the contract between plaintiff and defendant.

Expressions Hair Design v. Schneiderman

32 N.Y.3d 382 · New York Court of Appeals · Oct 23, 2018

[FN4] Indeed, the legislative history of the statute clearly demonstrates that it was not intended to prohibit dual pricing. … The legislature also considered the ban's implications on consumers, including the prominent criticism that it would require "cash customers and those who cannot qualify for credit cards" to "subsidiz[e] credit customers"

Matter of Joshua J. (Tameka J.)

2025 NY Slip Op 03010 · New York Court of Appeals · May 20, 2025

This Court's well-established mootness doctrine simply provides no basis for that conclusion. … To the extent the majority suggests otherwise, the majority contradicts well-established precedent.

The People v. Victor Thomas , The People v. Nicole L. Green , The People v. Storm U. Lang

New York Court of Appeals · Nov 26, 2019

The CPL codifies this requirement and establishes the procedure to effectuate the waiver. … As regards the sentence received, our jurisprudence has been circumspect in ensuring that every detail of that sentence is identified clearly (see e.g.

People v. North River Sugar Refining Co.

25 Abb. N. Cas. 1 · New York Court of Appeals · Jul 1, 1890

By that process it assumes the burden of establishing the charges which it has made, and must show us warrant in the facts for the relief which it seeks. … It has a board of directors nominally and formally in office, but qualified by shares which they do not own, and owing their official life to the board which can end their power at any moment of disobedience.

The People v. Michael Thomas

New York Court of Appeals · Feb 19, 2019

By enacting harsher punishments for recidivists, the legislature intended to penalize qualifying defendants for their “refusal to reform after sentence on a prior crime had been imposed” (People v Morse, 62 NY2d 205, 222 … resentencing date to govern sequentiality— the dissent cites the legislature’s failure to enact the Advisory Committee on Criminal Law and Procedure’s proposed amendment to the predicate felony statutes that would more clearly

People v. Credit Suisse Sec.

31 N.Y.3d 622 · New York Court of Appeals · Jun 12, 2018

Remittal is Appropriate to Determine Whether the Marketing Material Disclaimers Preclude Justifiable Reliance The previous section established that both actual and equitable fraud qualify as fraud "recognized in the common … The legislature clearly invested the Attorney General with greater, not lesser, authority to seek redress than the individual private investor.

CITIZENS FOR ENERGY v. Cuomo

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

Its core conclusion bears emphasis: "[o]ne would be hard pressed to find language more clearly conveying legislative intent to give the implementing agency the broadest flexibility in administering the statute, including … 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.

Caujolle v. Ferrié

9 N.Y. 90 · New York Court of Appeals · Mar 15, 1861

be said that it tends at all to establish the issue. … I consider the present case as not affording such evidence as has ever been held sufficient to establish a marriage.

People v. Williams

14 N.Y.3d 198 · New York Court of Appeals · Feb 23, 2010

DOCS administratively added PRS and, after Lewis was released from confinement, the sentencing court was notified that Lewis was a designated person qualifying for resentencing pursuant to Correction Law § 601-d. … The Court found this principle to be established by Ex parte Lange (18 Wall [85 US] 163 [1873]).

The People v. Jonathan Batticks

New York Court of Appeals · Oct 20, 2020

Under the circumstances, this was probably a wiser course than a voir dire and was clearly not an abuse of discretion” (emphasis added). … In People v Buford, we emphasized the paramount right of criminal defendants, guaranteed by the Federal and New York Constitutions, to trial by an unbiased jury composed of persons qualified to serve (69 NY2d 290, 297–298

The People v. Superintendent, Adirondack Correctional Facility , The People v. Dennis Breslin

New York Court of Appeals · Nov 23, 2020

The consent decree requires the City to “provide shelter and board to each homeless man who applies for it provided that (a) the man meets the need standard to qualify for the home relief program established in New York … Johnson and Ortiz’s right to live in compliance with SARA outside the walls of a correctional facility—in order to allow a different agency to avoid a clearly established legal obligation—amounts to unlawful and “arbitrary

Sutton 58 Associates LLC v. Philip Pilevsky

New York Court of Appeals · Nov 24, 2020

respect to damages sustained, plaintiff asserted that the conduct of defendants delayed its ability to exercise its contractual remedies—because the bankruptcy proceeding was more protracted due to the borrowers no longer qualifying … point to nothing in the language, structure, or history of the Bankruptcy Code to support their contention that—in addition to occupying the field of bankruptcy adjudication as between debtors and creditors—Congress clearly

328 Owners Corp. v. 330 West 86 Oaks Corp.

8 N.Y.3d 372 · New York Court of Appeals · Apr 3, 2007

Shortly thereafter, the Mayor approved the designation of Oaks Corp as a qualified and eligible sponsor and authorized the conveyance of the subject premises to Oaks Corp based on the City Council Resolution. … To allow Oaks Corp to circumvent the conditions by promptly selling the premises is clearly antithetical to the purpose of article 16 of the General Municipal Law ( cf.

Van Rensselaer v. Hays

5 N.Y. 68 · New York Court of Appeals · Jul 1, 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. … The meaning of Lord Holt was,\ that the covenant respecting the taxes was a personal arrangement between the grantor and the grantee, which bound them and their heirs but did not qualify the original covenant j annexed to