Case law

F.W.E. Stapenhorst, Inc. v. Public Service Commission

75 N.Y.2d 577 · New York Court of Appeals · Apr 26, 1990

The clincher in this regard is that entitlement to the 6-cent minimum hinges on the PSC establishing "terms and conditions” that are just and economically reasonable. … FERC expressed clearly that the regulatory scheme was not intended to affect contracts in place before the promulgation of the regulations, *584 even if a contracting party qualified as a "new capacity” power producer (see

Pratt Institute v. . City of New York

183 N.Y. 151 · New York Court of Appeals · Nov 21, 1905

that the intention of the legislature was influenced by the mass of special legislation upon the subject of exemptions and by the need of a uniform system and that, as may be gathered from the statute itself, it was to establish … No such suggestion was made at onr consultation table, and no such result follows from the Cooper Union case, as it is clearly distinguishable.

People v. New York City Transit Authority

59 N.Y.2d 343 · New York Court of Appeals · Jul 12, 1983

The complaint alleges that the position of surface line dispatcher (dispatcher) is an entry level management position, that to qualify to take the dispatcher examination an applicant need only have one year’s experience as … That section 52 of the Civil Service Law provides that “due weight” is to be given seniority and that subdivision (h) of section 703 of the Civil Rights Act of 1964 (US Code, tit 42, § 2000e-2, subd [h]) immunizes “bona fide

The People v. Pamela Hanson, The People v. Julian Silva

24 N.Y.3d 294 · New York Court of Appeals · Nov 24, 2014

In defendant Hanson’s case, the People alternatively ask us to overrule our precedent that establishes an O’Rama violation as a mode of proceedings error. … Although not every violation of CPL 310.30 is immune from normal preservation principles (see e.g.

William D. Maldovan v. County of Erie

New York Court of Appeals · Nov 22, 2022

The majority’s holding immunizes the very agencies bound by law to protect vulnerable adults, when the legislature has clearly stated those agencies do not enjoy immunity from grotesque agency failures such as those turning … Most recently in Ferreira, the United States Court of Appeals for the Second Circuit spared us the effort of deciding whether Binghamton had met its burden to establish governmental function immunity, but certified to us

Morris Cohon & Co. v. Russell

23 N.Y.2d 569 · New York Court of Appeals · Jan 23, 1969

But, as Professor Williston observed: “ The Statute of Frauds was not enacted to afford persons a means of evading just obligations; nor was it intended to supply a cloak of immunity to hedging litigants lacking integrity … It identifies the buyer, it identifies the defendant as one of the sellers, it establishes the fact of plaintiff’s employment, it identifies the plaintiff as the broker, it establishes the subject matter of the transaction

People v. Griffin

20 N.Y.3d 626 · New York Court of Appeals · Apr 2, 2013

While the right to counsel of choice is qualified, and may cede, under certain circumstances, to concerns of the efficient administration of the criminal justice system, we have made clear that courts cannot arbitrarily interfere … However, the claim defendant makes here and the constitutional right to counsel are close enough to immunize the claim from forfeiture by a guilty plea.

People v. Berg

59 N.Y.2d 294 · New York Court of Appeals · Jun 9, 1983

The case against defendants had been fully established by the testimony of other witnesses, one of whom had witnessed the assault. … Clearly, the actions of the prosecutor do not support the conclusion that he was guilty of misconduct.

Shaw v. New York Elevated Railroad

187 N.Y. 186 · New York Court of Appeals · Jan 15, 1907

Assuming, however, that it was a consent, it was certainly a qualified and conditional one, which, if accepted, must be complied with. … The defendants cannot claim immunity by reason of a proffered consent, with the terms of which they refused to comply. (2) Regarding the words signed by Shaw as a conditional or qualified consent, the railroad had a perfect

The People v. . Tuthill

31 N.Y. 550 · New York Court of Appeals · Mar 5, 1865

Regular attendance, at the stated times for worship, as established in the church, or society or congregation, as distinguishable from irregular or occasional attendance, is what is necessary. … Tor the year preceding the election, they had been, as clearly appears from the evi *561 dence, irregular and occasional attendants, at most.

Douglass v. . Ireland

73 N.Y. 100 · New York Court of Appeals · Mar 19, 1878

All that is necessary to establish the legal fraud and take the stock issued out of the immunity assured to stock honestly issued in pursuance of the act of 1853 is to prove íavo facts: 1st. … The learned judge, before whom the case was tried, was clearly right in his views of the transaction.

Oak Beach Inn Corp. v. Babylon Beacon, Inc.

62 N.Y.2d 158 · New York Court of Appeals · May 10, 1984

The court also held that a letter to the editor qualifies as “news” within the meaning of the statute. … However, the Legislature has never established ah absolute right or granted journalists complete immunity from all legal consequences of refusing to disclose evidence relating to a news source.

Murdza v. Zimmerman

99 N.Y.2d 375 · New York Court of Appeals · Feb 18, 2003

B&W asserted that the restrictions on vehicle use in its employee handbook established that Zimmerman drove the van without B&Ws consent. … Otherwise, implied consent under section 388 (1) would amount to strict liability — a result clearly at odds with the section and its purposes.

Matter of Gilbert Elevated Railway Co.

70 N.Y. 361 · New York Court of Appeals · Sep 18, 1877

Granting to any corporation, association, or individual any exclusive privilege, immunity or franchise whatever." … The thirty-sixth section qualifies and limits the operation of the fourth section in respect to coincident routes.

In the Matter of George W. Robinson

37 N.Y. 261 · New York Court of Appeals · Sep 5, 1867

This being conceded or established by proof, it was admittedly within the province of the court, and became its duty to appoint a suitable person to carry the trust into effect, as it is a familiar principle in equity that … This *Page 264 is not made clearly to appear.

Nicoll v. . the New-York and Erie Railroad Co.

12 N.Y. 121 · New York Court of Appeals · Dec 5, 1854

The fee was qualified in this case by a condition subsequent; the grant was upon the express condition that the railroad should be constructed by the corporation within the time prescribed in the act of incorporation *Page … A breach, consequently, is established.

Partners v. Superior Well Services, Inc.

20 N.Y.3d 59 · New York Court of Appeals · Oct 25, 2012

Superior refused to do so, claiming that the arrangement did not qualify as a fundamental change under the terms of the governing agreement. … In our view, Superior has failed to establish entitlement to dismissal of the complaint.

O'Brien v. . the People

36 N.Y. 276 · New York Court of Appeals · Mar 5, 1867

Most clearly the prisoner lias no cause of complaint as regards this branch of the case. … The evidence is clearly to 'the contrary.

People v. Santos

2025 NY Slip Op 01008 · New York Court of Appeals · Feb 20, 2025

Shock is a six-month discipline and treatment-oriented program selectively administered to qualifying incarcerated persons selected by DOCCS when they are approximately three years away from the end of their prison sentence … The legislature clearly intended for individuals convicted of certain serious crimes to be ineligible for Shock, but Mr.

Zucchelli v. City Construction Co.

4 N.Y.2d 52 · New York Court of Appeals · Feb 28, 1958

The Appellate Division, however, struck down that judgment against "Garrick, holding that no liability of owner-agent to plaintiffs had been established and that, accordingly, there was no basis for judgment over in favor … The owner and agent are, therefore, immune from liability under settled rules. The leading ease is Iacono v. Frank & Frank Contr. Co. ( 259 N.