Case law

Brown v. State of New York

31 N.Y.3d 514 · New York Court of Appeals · Jun 7, 2018

Proximate Cause The State agrees it cannot invoke qualified immunity because it did not complete the safety study; therefore, ordinary rules of negligence apply ( see Turturro v City of New York , 28 NY3d 469, 479 [2016]) … Even assuming the conviction is admissible, a Vehicle and Traffic Law violation does not itself establish negligence, when, as the court found here, the driver has exercised reasonable care in an effort to comply with the

Murphy v. Kuhn

90 N.Y.2d 266 · New York Court of Appeals · Jun 27, 1997

Such lack of initiative or personal indifference cannot qualify as legally recognizable or justifiable reliance. … Our decision today does not break any new ground and does not immunize insurance brokers and agents from appropriately assigned duties and responsibilities.

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.)

Matter of Beggs

67 N.Y. 120 · New York Court of Appeals · Oct 3, 1876

The appellant considers the case above cited (11 Abb., supra) as establishing his right to appeal. … They are supreme and irreversible in the exercise of it, unless that exercise has been clearly capricious or .willful, when it may be reversed.

Matter of McCoy v. Apgar

241 N.Y. 71 · New York Court of Appeals · Jul 15, 1925

Such legislative authority should be express or clearly implied. … We think that the Legislature clearly intended to confer authority to give such permission.

People v. Bradley

8 N.Y.3d 124 · New York Court of Appeals · Dec 19, 2006

Crawford involved a witness’s “recorded statement,” given at a police station after Miranda warnings, “in response to structured police questioning”; the Court found that statement would qualify as testimonial “under any … But under the test the Supreme Court stated in Davis , Dixon’s statement was clearly not testimonial.

Green v. . Shumway

39 N.Y. 418 · New York Court of Appeals · Jun 5, 1868

It is clearly manifest that the law under consideration was liable to the objection, that it was both a bill of pains and penalties and an ex post facto law, within the ¡Principles laid down in the case cited. … established.

In re the Arbitration between Dormitory Authority of New York & Span Electric Corp.

18 N.Y.2d 114 · New York Court of Appeals · Jul 7, 1966

“It is an established principle of jurisprudence in all civilized nations ”, Chief Justice Taney noted, “ that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may … This is illustrated clearly in one of the early and significant decisions in the General Term affecting the power of a city to agree to arbitration of a dispute arising from a paving contract (Brady v.

People v. Leone

25 N.Y.2d 511 · New York Court of Appeals · Dec 11, 1969

Applying this standard, it is clear that the record before us does not adequately establish the reliability of the tests to be admissible in evidence. … Thus, we should be most careful in admitting into evidence the results of such tests unless their reasonable accuracy and general scientific acceptance are clearly recognized.

Benedict v. . Cowden

49 N.Y. 396 · New York Court of Appeals · May 21, 1872

The evidence clearly establishes, and the jury have found that the memorandum was written at the foot of the note before the signature was made, and was on the note at the time of its delivery to the payees, and was in conformity … Ely, was held not to be a part of the contract, but simply a marking of the note for, identification, which was clearly the purpose of the indorsement in Sanders v.

Diaz v. New York Downtown Hospital

99 N.Y.2d 542 · New York Court of Appeals · Dec 12, 2002

In other contexts, this Court has recognized that “[o]rdinarily, the opinion of a qualified expert that a plaintiffs injuries were caused by a deviation from relevant industry standards would preclude a grant of summary judgment … The guidelines of both professional organizations merely recommend the presence of female staff members for vaginal sonogram procedures; in fact, the materials from the American College of Radiology clearly state that its

Golden Gate Yacht Club v. Societe Nautique De Geneve

12 N.Y.3d 248 · New York Court of Appeals · Apr 2, 2009

The Deed of Gift establishes the rules governing the America’s Cup and provides that the holder of the Cup becomes its sole trustee and is succeeded only by a successful challenger in a race at sea. … Any other interpretation would render the annual regatta requirement a nullity. 9 The settlor clearly intended that for a challenging yacht club to be within the eligibility requirements, it must have held at least one qualifying

Burke v. . Burke

212 N.Y. 303 · New York Court of Appeals · Jul 14, 1914

As already stated, it is claimed that one of the very purposes of that transaction was to secure peace and immunity from the scandal of charges like those set up in the action at law and that he cannot secure the full benefit … The complaint in this action, however, makes a part of itself the complaint in the action at law, and it clearly enough appears from the latter that there are charges of fraud and dishonesty which were not covered by, hut

People ex rel. Manhattan Fire Insurance v. Board of Commissioners of Taxes & Assessments

76 N.Y. 64 · New York Court of Appeals · Jan 21, 1879

Taxation is the rule, and exemption is the exception, and must be clearly established. … If notice had -been given it is difficult to see any other answer which could have been made, than the one so ably pressed upon us of statutory immunity from taxation on surplus earnings, which we think not tenable.

Nelson v. . Sun Mutual Insurance Company

71 N.Y. 453 · New York Court of Appeals · Dec 18, 1877

Plainly, th@ inquiries were to find out the meaning of a technical phrase, and not to establish a usage. … The witness, to say the least, did not so clearly show himself qualified to speak, as that it was error to close his mouth, upon the claim made for him to open it as an expert. *461 We do not look upon the evidence of the

Reddington v. Staten Island University Hospital

11 N.Y.3d 80 · New York Court of Appeals · Jul 1, 2008

Though New York had no other whistleblower statute when Collette was decided, it has one now—and the majority today holds that a claim under the new statute, section 741, is immune from the waiver. … If the New York Legislature really wants to require plaintiffs who begin section 740 actions to waive all their related claims, it will have to speak even more clearly.

Matter of Peck v. . Cargill

167 N.Y. 391 · New York Court of Appeals · Jun 11, 1901

In any proceeding by the state to deprive him of the one or the other the facts which in law justify it must be alleged and established. … The constitutional immunity from every species of incrimination may be as effectually violated by a law which compels a person to plead or deny upon oath any charge involving a criminal offense without regard to the form

People Ex Rel. Stiner v. . Morrison

78 N.Y. 84 · New York Court of Appeals · Sep 16, 1879

It relates to the organization of .the local government of *tho city, and establishes different departments for that purpose. … These acts of the Legislature, especially that passed in 1873, at the same session as the charter, and on a subsequent day, amending the provision alleged to be superseded by the charter, clearly show that the Legislature

Belknap v. . Sealey

14 N.Y. 143 · New York Court of Appeals · Jun 5, 1856

The absence of such a fact would be, clearly, fatal to the claim for relief against such a contract. … They do not *Page 158 qualify it, however, by any means to the extent supposed.

People Ex Rel. Schau v. . McWilliams

185 N.Y. 92 · New York Court of Appeals · May 1, 1906

This language clearly implies that it is not entirely practicable to fully determine them in that way. … If the position is clearly one properly subject to competitive examination, the commissioners may be compelled to so classify it.