Case law

People v. . Tompkins

186 N.Y. 413 · New York Court of Appeals · Nov 27, 1906

It has become a rule of personal liberty quite as firmly established in this state as the rule of property recently re-affirmed in the case of Peck v. Schenectady Ry. Co. ( 170 N. Y. 298 ). … We know that a feeling prevails to some extent in the community that it is unjust that one offender should be punished and his co-offender obtain immunity. This feeling is absolutely unreasonable.

People v. . Koerner

154 N.Y. 355 · New York Court of Appeals · Nov 23, 1897

But in view of all the evidence, it was clearly a question of fact to be determined by the jury. … That this evidence was admissible, if the witness was qualified, is hardly denied.

The People v. . Sturtevant

9 N.Y. 263 · New York Court of Appeals · Dec 5, 1853

Should it even be conceded that the resolution in question was partly legislative in its character, another part was most clearly a matter of agreement or grant. … As a corporate body merely, it has no immunities -which set it beyond the jurisdiction of the courts. It may be enjoined from making a grant, just as it may be ordered to make one.

People Ex Rel. Mayor of New York v. Board of Assessors

111 N.Y. 505 · New York Court of Appeals · Dec 4, 1888

This is clearly recognized in all the charters.. Its acceptance by the city imposed a duty corresponding with the privilege granted. … It is to be assumed that the immunity of the property from taxation was in the contemplation of the parties when the lease was made, and was considered by them in fixing its terms.

Kenny v. . the People

31 N.Y. 330 · New York Court of Appeals · Mar 5, 1865

"Intoxication does not furnish immunity of crime, but may be considered in determining what degree of crime has been committed." 2. … In order to show the application of these propositions to the case, it is necessary to present some of the leading facts established by the evidence.

In the Matter of State of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn

24 N.Y.3d 362 · New York Court of Appeals · Nov 18, 2014

We hold that Merry-Go-Round has established its entitlement to the tax exemption. … In order to hire qualified actors and staff, Merry-Go- Round recruits candidates from around the country.

People v. Stultz

2 N.Y.3d 277 · New York Court of Appeals · May 4, 2004

The defense asked the prosecution to grant Dolberry immunity, urging that without her testimony defendant would be denied due process and a fair trial. … That was the only crime for which she stood to incriminate herself. *287 Given their aroma, the statements bore none of the reliability markings that qualify under Robinson .

People v. . Ringe

197 N.Y. 143 · New York Court of Appeals · Jan 4, 1910

The fourteenth amendment of the Federal Constitution provides that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any … There is nothing that occurs to us, or that has been called to our attention, to indicate any danger to public health in permitting a person otherwise qualified to carry on the business of undertaking solely because lie is

National Psychological Ass'n v. University of State of New York

8 N.Y.2d 197 · New York Court of Appeals · Jul 8, 1960

The membership of the Advisory Council established by the Legislature to “ aid in the formulation of policy ’ ’ was likewise apportioned among professional practitioners and “ representatives of the professional training … The statute prescribes clearly discernible standards to govern the exercise of the power of certification, and it was ‘ ‘ proper and fitting for the Legislature to assign broad functions to the Board, particularly when it

People Ex Rel. M.F. Ins. Co. v. . Commissioners

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.

French v. Banco Nacional de Cuba

23 N.Y.2d 46 · New York Court of Appeals · Oct 15, 1968

should not be granted in such cases, we must decline to accord the defendant sovereign immunity from suit. … The present lawsuit does not involve the assertion of a claim of title to property and, just as clearly, the Cuban Government’s action did not involve a confiscation or taking of property.

Dougherty v. . Milliken

163 N.Y. 527 · New York Court of Appeals · Jun 22, 1900

This rule is now so well established that it may be regarded as elementary and, therefore, requires no citation of authority. … In such cases not only the facts, but the conclusions to which they lead, may be testified to by qualified experts. The distinction between these two kinds of testimony is apparent.

Abbott v. Page Airways, Inc.

23 N.Y.2d 502 · New York Court of Appeals · Jan 16, 1969

Certainly, she should not be penalized because she offered more proof than was required to establish her case. In Citrola v. … [a], par. 2) present any reviewable question, since the matter clearly rested in the sound discretion of the courts below. (See, e.g., Metropolitan Sav. Bank v. Tuttle, 293 N. Y. 26, 30 ; Dudley v. Perkins, 235 N.

McLean v. City of New York

12 N.Y.3d 194 · New York Court of Appeals · Mar 31, 2009

In Pelaez , we said: “As a rule, municipalities are immune from tort liability when their employees perform discretionary acts . . . . … establish a ‘special relationship’ with the municipality.”

The People v. . Plath

100 N.Y. 590 · New York Court of Appeals · Dec 8, 1885

Every criminal, however vile, has a right to require that the elements of his offense shall be clearly defined by law, and established by legal proof, before he can be convicted thereof, and, until then, he may safely assert … his immunity from punishment for any offense which is not thus defined and proved.

Chrystie v. . Phyfe

19 N.Y. 344 · New York Court of Appeals · Jun 5, 1859

If it be clearly expressed, as I think it is, it must prevail, whether it qualifies or contradicts the previous gift. (1 Jarm. on Wills, 411; Co. Litt., 112, b; 2 Atk., 372; 5 Ves., 243; 6 id., 100; 2 Taunt., 109.) … It was held that the word "issue" was qualified by the word "children," and that the children of A. and B. took the remainder in fee.

People v. . Martin

175 N.Y. 315 · New York Court of Appeals · Jun 9, 1903

secretary or treasurer, and when so verified to be filed in the office of the Secretary of State; that on the 15th of Hay, 1901, in the city of Hew York, the defendants appeared before a notary public, duly appointed, sworn and qualified … Any other conclusion would require an utter disregard of a firmly established principle of law, open an avenue of immunity for perjury, and thus seriously affect the proper administration of justice.

People v. Santos

44 N.Y.3d 928 · 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.

De Lancey v. . Piepgras

138 N.Y. 26 · New York Court of Appeals · Apr 11, 1893

The appellant failed to establish the defense of adverse possession. … Whether they were kept up or used continuously for twenty years does not clearly appear.

Cocks v. . Barker

49 N.Y. 107 · New York Court of Appeals · Apr 2, 1872

If a deed is delivered to the party or his agent, and not to a stranger, it is absolute, and parol'evidence of conditions qualifying the delivery is inadmissible. ( Worrall v. Munn, 1 Seld., 229; Gilbert v. N. Am. F. … The defendants were allowed to give in evidence all that passed between the parties on that subject, and it was clearly insufficient to prove that the bond was- given upon any other or different consideration than that expressed