Case law

Tenuto v. Lederle Laboratories, Division of American Cyanamid Co.

90 N.Y.2d 606 · New York Court of Appeals · Oct 23, 1997

from the infant’s bowel in excretion or from the mouth in saliva, contact with the feces or saliva by the child’s adult caretakers may result in infection and, in the case of vulnerable adults (i.e., unvaccinated or where immunization … Plaintiffs submitted, in camera, an affidavit from a qualified scientific expert that he was infected as a result of the oral vaccine administered to his daughter by Dr. Schwartz.

Matter of Gardner

68 N.Y. 467 · New York Court of Appeals · Feb 20, 1877

Bankers (3 Burrows, 148), cited in 2 Tennessee (supra), the remarks of Lord Mansfield, which are cited, do not aid the relator’s case, as they only apply where the election is clearly void. … It is true that there are dictum in some of the English cases, which qualify the application of the rule, and perhaps make exceptions in some cases, but we think that none of them are analogous even if the same rule could

Fossella v. Adams

2025 NY Slip Op 01668 · New York Court of Appeals · Mar 20, 2025

A group of noncitizens who qualified as municipal voters under Local Law 11 intervened as defendants to support its constitutionality. … by age and residence, the same right to vote as every other similarly qualified voter possessed" ( id. at 140 [emphasis added]).

Chrystie v. Phyfe

5 N.Y. 344 · New York Court of Appeals · Jul 1, 1859

If it be clearly expressed, as I think it is, it must prevail, whether it qualifies or contradicts the previous gift. (1 Jarrn. 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.

McDougall v. . Cooper

31 N.Y. 498 · New York Court of Appeals · Mar 5, 1865

The principal question of law arising upon the case relates to the admissibility of the parol evidence to qualify the effect of the note of May 8, 1848. … The question is, whether it possesses the immunity against parol evidence and the slippery memory of witnesses which the law attributes to other written evidence.

People v. Feerick

93 N.Y.2d 433 · New York Court of Appeals · Jun 8, 1999

The court did correctly instruct the jury on the well-established exceptions to the warrant requirement: a search would be lawful where there was consent, an emergency or exigent circumstances. … Immunity Based on Grand Jury Testimony Having been convicted of perjury for his false testimony before the Grand Jury regarding Stokes’s drug charge, defendant Rosario claims immunity from prosecution for any charges arising

Trustees of Union College v. Members of the Schenectady City Council

91 N.Y.2d 161 · New York Court of Appeals · Dec 18, 1997

The area was established in 1899 and developed as an "ideal residential section” to attract General Electric managers, scientists and others to Schenectady. … In 1978, the City adopted Ordinance No. 78-45, which established an A-2 Single Family Historic District incorporating the Realty Plot.

McCummings v. New York City Transit Authority

81 N.Y.2d 923 · New York Court of Appeals · Apr 5, 1993

It establishes the minimum standard of care which a police officer must exercise in making an arrest to avoid violation of the arrestee’s Fourth Amendment rights. … Contrary to defendant’s contention, Tennessee v Garner does not create a limitation on plaintiff’s right to recover or a shield of immunity for a municipal defendant in a common-law negligence action.

Magnin v. . Dinsmore

56 N.Y. 168 · New York Court of Appeals · Mar 24, 1874

The language of this clause is very broad; but if it be desired that a clause shall cover losses by negligence, it is not too much to say that the purpose must be clearly expressed. The recent case of Oppenheimer v. … Law Journ., 187) asserts the established legal construction of such conditions to *Page 175 be, that they do not cover cases of actual negligence unless that be expressly stated.

People v. Post Standard Co.

13 N.Y.2d 185 · New York Court of Appeals · Nov 21, 1963

The County Court held that the words "commits a contempt of court" found in the opening paragraph of the statute limit and qualify the language found in subdivision 7 thereof. … If it turns out on the trial that the article was not "grossly inaccurate" but merely erroneous in some minor particular guilt will not be *194 established.

Riss v. City of New York

22 N.Y.2d 579 · New York Court of Appeals · Jul 2, 1968

If Linda had been attacked at this point, clearly there would be no liability here. … When, however, as time went on and it was established that Linda was a reputable person, that other verifiable attempts to injure her or intimidate her had taken place, that other witnesses were available to support her claim

Furniss v. . Ferguson

34 N.Y. 485 · New York Court of Appeals · Jan 5, 1866

It established, as the law of the case, not only the result expressed in the formal judgment, but also every legal proposition which was essential to sustain the judgment, and which was assented to by a majority of the court … This is clearly equitable, and accords with the intention of the parties, as far as it can be inferred from their agreement.

University Auxiliary Services at Albany, Inc. v. Smith

54 N.Y.2d 986 · New York Court of Appeals · Oct 27, 1981

Such a use has not been established in the present case. *992 Further, an examination of the use of the property in the St. … The statute clearly does not contemplate an exemption for all property held by a qualifying organization.

Trustees of Exempt Firemen's Benevolent Fund v. Roome

93 N.Y. 313 · New York Court of Appeals · Oct 2, 1883

Thus was formed the first fire company in the city of New York, and in its origin were developed the characteristics and established the relations important to be appreciated and considered. … This statute was clearly a public and not a private act, and general instead of local.

Floyd v. New York State Urban Development Corp.

33 N.Y.2d 1 · New York Court of Appeals · Jul 3, 1973

The Legislature itself rather clearly construes the provision as applicable to zoning. … This is rather firmly established by our holdings in City of New York v. State of New York (31 N Y 2d 804) and Matter of Freedman v.

Lambert v. . the People

76 N.Y. 220 · New York Court of Appeals · Feb 18, 1879

Such qualifying words in brief affidavits are usually put at the end, and are usually intended to qualify the whole affidavit. … So far as I can perceive, there was just as much reason for qualifying the whole as the part immediately preceding the qualifying words.

Swedenborg Foundation, Inc. v. Lewisohn

40 N.Y.2d 87 · New York Court of Appeals · Jun 10, 1976

Whatever qualified exemption appellant might have been entitled to under that paragraph has now concededly been fully withdrawn. … This circumstance is not sufficient to establish that the foundation’s purpose is primarily religious within the contemplation of subdivision 1 of section 421.

Dunckel v. . Dunckel

141 N.Y. 427 · New York Court of Appeals · Feb 27, 1894

When the agreement has there been found upon conflicting evidence, and is certain in its terms as found, it must be taken here as clearly established within the rule, and what was before uncertain has become certain. … She had the will probated, and qualified as executrix thereof. She administered upon the estate and converted the *435 assets into money. She speedily paid all the notes, using for that purpose some of her own means.

Carson v. Federal Reserve Bank

254 N.Y. 218 · New York Court of Appeals · Jul 8, 1930

The same circular and regulations that prescribe the form of the indorsement establish the practice and the agreement to receive the checks as agent, and give notice to transmitting banks that the terms thus established shall … Passing, then, from the question of the application of payments, we come back to the inquiry whether the immunity of the agent is lost or impaired when the proceeds of the collection, instead of being remitted to the principal

Koner v. Procaccino

39 N.Y.2d 258 · New York Court of Appeals · Apr 1, 1976

for what he was doing’ ”, was held to be sufficient to establish his "vocation” as a profession within the meaning of the tax statute. … But it does not necessarily follow that all income earned by an artist qualifies for the professional exemption.