Case law

People v. Damiano

87 N.Y.2d 477 · New York Court of Appeals · Jan 16, 1996

Those cases involved constitutional issues, an area in which a court may more readily consider change, and in some cases must necessarily do so, because the judicial rules are immune from legislative correction. … This rubric, which this case finally unmasks as having no outer, qualifying or de minimis limits, contrasts sharply with what courts of other jurisdictions have done in this field.

Downing v. Marshall

9 N.Y. 366 · New York Court of Appeals · Sep 15, 1861

He therefore declared, in plain words, that *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 in … 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.

Stacy Greene v. Esplanade Venture Partnership

New York Court of Appeals · Feb 18, 2021

We have not established an outer boundary for “the immediate family” element of the zone of danger rule (see id. at 233 n 13). … difficulties in ‘reasonably circumscribing the area of liability’ represents a policy perception betokening greater concern with the burdens of imposing liability than with compensating loss, even where clearly

The People v. Harvey Weinstein

New York Court of Appeals · Apr 25, 2024

In sum, we conclude that the testimony from the Molineux Witnesses was unnecessary to establish defendant’s intent and served only to establish defendant’s propensity to commit the crimes charged. … sexual act (People v Williams, 81 NY2d 303, 316-317 1 As to third-degree rape, in addition to forcible compulsion, the People may prove a lack of consent under a different subsection by demonstrating that “the victim clearly

MATTER OF UNITED PRESS ASSNS. v. Valente

308 N.Y. 71 · New York Court of Appeals · Dec 31, 1954

That no drastic change was intended by enactment of the forerunner of section 4 of the Judiciary Law is established by the Revisers' note that it was merely "Declaratory of the existing law." … The only change consisted in qualifying the public trial principle to the extent of authorizing the court in a proper case — one of those enumerated — to exclude members of the general public.

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.

Gregg Lubonty v. U.S. Bank National Association

New York Court of Appeals · Nov 25, 2019

We must determine whether the bankruptcy stay qualifies as a “statutory prohibition” under CPLR 204 (a), and, if so, whether a party may later avail itself of the toll where, at the time the stay was imposed, that party … Defendant was clearly prevented from asserting its rights as a direct result of the actions of the plaintiff.

B.F. v. Reproductive Medicine Associates of New York, Marie Dennehy v. Alan B. Copperman, M.D.

New York Court of Appeals · Dec 14, 2017

, the instant case involves a distinct cause of action 5 Contrary to the dissent's assertion (dissenting op at 2- 3), nothing in our analysis addresses much less restricts which treatment and care expenses qualify … Indeed, we explained in Massie that CPLR 214-a established that "[a]n action for medical malpractice must be commenced within two years and six months of the date of accrual," citing our common-law precedents to show that

The Matter of Regina Metropolitan Co. v. NYS Division of Housing and Community Renewal, Joel Raden v. W7879 , James Taylor v. 72A Realty Associates , Elizabeth Reich v. Belnord Partners

New York Court of Appeals · Apr 2, 2020

The very “claim-revival” jurisprudence cited by the majority establishes the legislature’s right to do so. … After his conviction in Oneida county court, Lochner argued on appeal that the bakeshop law prohibited him from freely entering into contracts, in violation of the Privileges and Immunities and Equal Protection clauses

Sara Myers, Eric A. Seiff v. Eric Schneiderman

New York Court of Appeals · Sep 7, 2017

The other deceased patient-plaintiff was 57 years old and terminally ill with acquired immune deficiency syndrome (AIDS). A regimen of several medications kept him alive. … - 21 -  - 22 - No. 77 development is incomplete, that they have had only limited practical experience, and that their value systems have not yet been clearly

MATTER OF JOHNSON v. Pataki

91 N.Y.2d 214 · New York Court of Appeals · Dec 4, 1997

Clearly then, the separation of powers concerns motivating Rapp are absent here. … This case is clearly moot.

Tyler v. . Gardiner

35 N.Y. 559 · New York Court of Appeals · Sep 5, 1866

The son and his family, his horse and his servant during this time, constituted the large share of the whole establishment. … It carefully preserved the first, which, in his view, this reason for the destruction of the others should have clearly destroyed. Second.

People v. Odum

31 N.Y.3d 344 · New York Court of Appeals · May 3, 2018

Given the previously well-established rule that evidence of a refusal was inadmissible, the 1973 amendment was in derogation of common law. … The statute clearly provides three different methods of obtaining compulsory breath tests depending on the different factual scenarios confronting police in encountering intoxicated motorists.

The Matter of Senator Tony Avella v. City of New York

29 N.Y.3d 425 · New York Court of Appeals · Jun 6, 2017

Subdivision (b) (2) does not alter or qualify the purpose in (b) (1) that permits uses of the alienated property that will improve trade and commerce. … Clearly, that case should not guide our interpretation of a statute that expressly alienates public land.

Presbyterian Hospital v. Maryland Casualty Co.

90 N.Y.2d 274 · New York Court of Appeals · Jun 10, 1997

That official, in any event, would not qualify as the applicant's authorized agent under this regulation. … We are persuaded that, until and unless the Legislature clearly declares otherwise, the preclusion analysis that we have employed in this other branch of the Insurance Law should also be discretely applicable with respect

Toole v. Toole

22 Abb. N. Cas. 392 · New York Court of Appeals · Jan 15, 1889

But a provision in the will in favor of persons not joined as parties, is not an objection, if the provision be clearly void (case 17). 2. … Whci$ a title rests upon a deed by but two of three executors who have qualified, and the facts shown do not conclusively establish a renunciation by the third executor, and the parties affected by a determination of the

Greenfield v. People

6 Abb. N. Cas. 1 · New York Court of Appeals · Oct 15, 1878

When the case was called at the trial both parties answered ready, and the court directed the defendant to go to trial before one of the regular juries which had been regularly examined, found qualified, and duly sworn, for … Technical statutory disqualifications are strictly construed, so as not to exclude unless the juror is clearly within their terms. Miss., &c. R. R. Co. v. Munkers, 11 Kans. 223 .

Peck v. Mallams

6 N.Y. 509 · New York Court of Appeals · Jul 1, 1853

It merely states that he had qualified as executor before the bond and mortgage were given. … I think the court below most clearly erred in holding that this allegation raised any such question, or was ever so intended by the pleader.

Government Employees Ins. Co. v. Mayzenberg

2025 NY Slip Op 06527 · New York Court of Appeals · Nov 24, 2025

The legislature adopted this understanding in the Education Law, which lists requirements for a professional license as those that "shall [be] fulfill[ed]" "[t]o qualify for a license" in various professional fields, including … As a result, an insurer would have no incentive to deny or delay reimbursement and bring litigation only when it is highly confident that the provider's actions clearly fall within the narrow, and egregious, band of conduct

The People v. Jose Perez

New York Court of Appeals · Mar 26, 2020

Defense counsel pointed out that the report from which the People and court were reading to establish the facts of the New Jersey crime bore the heading, “Lake Worth [Florida] Police Department.” … Perez] committed sexual assault, [and] that [wa]s clearly not the case.” From the papers, it did not look like “he was ever charged with sexual assault.”