Case law

In Re the Accounting of Del Drago

287 N.Y. 61 · New York Court of Appeals · Nov 27, 1941

The federal policy to control the incidence of the estate tax is clearly established and declared not only in the law itself but by our own decisions (Hamlin, Oakes and Winthrop cases) .and by necessary implication (Matter … established by what it had not declared, as by what it has expressed ” (p. 617).

Matter of Grinker (Rose)

77 N.Y.2d 703 · New York Court of Appeals · Apr 30, 1991

That precise causal connection was not established here under the high "clear and convincing” evidentiary standard. … The vocation of individuals should neither immunize them from nor make them preferred candidates for protections afforded by the Mental Hygiene Law.

Doyle v. Chatham & Phenix National Bank

253 N.Y. 369 · New York Court of Appeals · May 6, 1930

Guarantee Trust Co. *381 (supra) the vice chancellor said: "It accordingly seems impossible to construe an immunity clause as intended to exempt a trustee from liability for transcending his powers as clearly defined by the … trust agreement; his engagement is to exercise the powers, and only the powers conferred upon him, and the appropriate office and purpose of an immunity clause forming a part of a trust agreement which specifically and clearly

MATTER OF GRIFFIN v. Coughlin

88 N.Y.2d 674 · New York Court of Appeals · Jun 11, 1996

Therefore, the State’s requirement that petitioner fully participate in the present ASAT Program in order to qualify for the Family Reunion Program violates the Establishment Clause and cannot be permitted to stand. … Torcaso clearly interdicts governmental pressure favoring religion generally — not merely favoring a particular religious sect or sects.

People v. Bernier

73 N.Y.2d 1006 · New York Court of Appeals · Apr 27, 1989

The waiver exception cannot become operative in a case such as this when the defendant clearly moved initially to preclude and lost. … In any event, he made no suppression motion qualifying under CPL 710.30 (3) (see, People v Amparo, 73 NY2d 728, 729 ; People v McMullin, 70 NY2d 855).

Knight-Ridder Broadcasting, Inc. v. Greenberg

70 N.Y.2d 151 · New York Court of Appeals · Jul 7, 1987

The legislative history of the Shield Law as of the time of its initial enactment, and of the subsequent amendments reacting to certain judicial constructions, establishes that no qualification of confidentiality was ever … We stated that "[t]he inescapable conclusion is that the Shield Law provides a broad protection to journalists without any qualifying language” (id., at 251 [emphasis added]).

Cassidy v. . Uhlmann

170 N.Y. 505 · New York Court of Appeals · Apr 8, 1902

In" its final analysis, therefore, the case resolves itself into the question whether, upon the facts established, the legal conclusion of defendant’s liability follows. … Under the circumstances above referred to this was known to the defendant, unless we clothe the office of bank director with a sacred and unique immunity from all intelligence and knowledge.

People v. Hobson

39 N.Y.2d 479 · New York Court of Appeals · May 4, 1976

I would adhere to the established view that, until counsel is assigned or retained by a defendant in a criminal action, he is perfectly free, after suitable and proper admonitions, to waive his right to the presence and assistance … And, in United States v Garcia (377 F2d 321, 324, cert den 389 US 991 ), the Second Circuit indicated that "'Massiah [v United States, 377 US 201 ] does not immunize a defendant from normal investigation techniques after

Niagara Falls Suspension Bridge Co. v. Bachman

66 N.Y. 261 · New York Court of Appeals · May 23, 1876

The existence of Niagara street as a public highway east of Canal street was clearly established. … The maps and plans, with the explanatory and qualifying notes, taken together look to a future act to constitute a donation or setting apart of the streets, or any part of them, to the public use.

People v. McRay

51 N.Y.2d 594 · New York Court of Appeals · Dec 18, 1980

Rather, we are merely establishing a minimum requirement. … The only question here is whether the officers’ observations establish probable cause. .

People v. Jackson

87 N.Y.2d 782 · New York Court of Appeals · Apr 4, 1996

Subdivision (4), which relates to the consequences of a successful motion to dismiss— not merely reduce — a count in an indictment, expressly states that when the basis for the dismissal of a count is related to immunity, … Clearly, then, the general language in CPL 200.80 cannot be read to have the effect of overriding these more specific provisions in CPL 210.20.

Jones v. . Smith

73 N.Y. 205 · New York Court of Appeals · Apr 2, 1878

The true line of the patent is very clearly as claimed by the defendant. Of this there can be no dispute. … This is clearly proved and is uncontradicted, and as is said by Judge Rapallo, when this case was before us upon a former *211 appeal, qualifies the effects of the possession as evidence of a practical location or adverse

Caristo v. Sanzone

96 N.Y.2d 172 · New York Court of Appeals · Apr 3, 2001

The temperature that morning was established, by stipulation of the parties, at 22 degrees Fahrenheit. … Ferrer is clearly distinguishable in that defendant was confronted by an unanticipated event when a four-year old child ran in front of his vehicle from between two parked cars.

Cooney v. Osgood Machinery, Inc.

81 N.Y.2d 66 · New York Court of Appeals · Mar 25, 1993

Defendants urged that New Jersey charitable immunity law was controlling; plaintiffs argued for New York law, which does not recognize charitable immunity. … Moreover, the record establishes that Osgood was not in the business of distributing goods nationwide, but limited its activities to New York and parts of Pennsylvania, and thus Osgood may not have reasonably anticipated

Vail and Adams v. . Rice

5 N.Y. 155 · New York Court of Appeals · Jul 5, 1851

R . 501) to be in favor of the position that more than one witness is required to establish a usage. I do not so understand it. … Judges at nisi prius should be exceedingly careful to keep clearly within it.

New York State Society of Surgeons v. Axelrod

77 N.Y.2d 677 · New York Court of Appeals · May 2, 1991

AIDS is a disease which damages the individual’s immune system: those who develop it are vulnerable to unusual infections and cancers that do not generally pose a threat to anyone whose immune system is intact. … We cannot substitute our judgment for that of qualified experts in the field of public health unless their judgment is "without justification.”

Baumgartel v. Providence Washington Insurance

136 N.Y. 547 · New York Court of Appeals · Jan 17, 1893

The contract indemnified the plaintiff against loss or damage by fire to the extent of §1,000 for one year from September 26,1887, upon a stock of goods in a tailoring establishment, which was destroyed by fire August 15, … consent, so as to bind the company, except in writing, indorsed upon the policy, or attached thereto, and unless this permission is so written or attached, the contract provides that the plaintiff would not claim any right or immunity

Spaulding v. . Hallenbeck

35 N.Y. 204 · New York Court of Appeals · Mar 5, 1866

The distinction between cases of that description and those like the one before us, where the condition is connected with a covenant, is obvious and well established by authority. ( 8 Paige, 402 ; 11 id., 414 ; 1 Kern., 387 … By those admissions he qualified his own right, and his heirs, who succeed him, succeed only to the right, as thus qualified at the time when their title commenced. (1 Greenl. Ev., § 189.)

Tucker v. New York Central & Hudson River Railroad

124 N.Y. 308 · New York Court of Appeals · Feb 24, 1891

St, 35, the court, in considering the age at which an infant should be presumed to be sui juris, say: “ The law fixes no arbitrary period when the immunity of childhood ceases and the responsibilities of life begin. … But in the absence of evidence tending to show that an injured infant twelve years old was not qualified to understand the danger and appreciate the necessity for observing, that degree of caution in crossing a railroad track

National Contracting Co. v. Hudson River Water Power Co.

192 N.Y. 209 · New York Court of Appeals · May 19, 1908

The circumstances attendant the preparation and execution of the contract clearly establish this. … by what follows, the contract would clearly come within the rule laid down in Haggart v.