Case law

Topel v. Long Island Jewish Medical Center

55 N.Y.2d 682 · New York Court of Appeals · Nov 23, 1981

Harold Levinson, a psychiatrist, a classical prima facie case was established. [1] A highly qualified specialist in this field of medicine, called as an expert witness by the plaintiff, testified, on the basis of record facts … The law generally permits the medical profession to establish its own standard of care.

Dinardo v. City of New York

13 N.Y.3d 872 · New York Court of Appeals · Dec 1, 2009

In Pelaez , this Court explicitly held that a "narrow exception" to the general discretionary immunity rule exists when a plaintiff establishes a special relationship with the municipality ( 2 NY3d at 193 ). … The rule in McLean , which clearly extends beyond police protection and applies to all discretionary governmental actions, allows public officials to unjustifiably hide behind the shield of discretionary immunity even when

Delaware, Lackawanna & Western Railroad v. Bowns

58 N.Y. 573 · New York Court of Appeals · Nov 10, 1874

immediately following it, and making a part of the same paragraph, but also the evident purpose and intent of the clause itself, which, without limitation or qualification, necessarily operated to limit the liability, and qualify … The maxim referred to is well established and fully recognized in courts of law and equity, and its reasonableness cannot be questioned.

Acme Realty Co. v. . Schinasi

215 N.Y. 495 · New York Court of Appeals · Jul 13, 1915

Findings thus made, and supported by evidence, are conclusive upon this court, and its power of review on the merits is limited to the inquiry whether the established facts sustain the conclusions of law. … We know that it has recently been exercised with reference to many encroachments that once were considered immune from municipal interference, and that the courts have upheld the action of the public authorities.

Bissell v. Michigan Southern & Northern Indiana Railroad Companies

22 N.Y. 258 · New York Court of Appeals · Sep 5, 1860

A subscription, made by authority of the board of directors and under the corporate seal, for the building of a church or college or an almshouse, would be clearly ultra vires, but it would not be illegal. … Such a transaction is clearly unauthorized, and is, therefore, said to be illegal.

City of Utica v. . Churchill

33 N.Y. 161 · New York Court of Appeals · Sep 5, 1865

The argument drawn from the possible abuse of a power clearly legitimate, except on account of such liability to abuse, is carried quite too far, and is not justified by the circumstances of the case, or the common experience … 1864, the lenders who received them must be considered as entering into the transaction with a knowledge of, and subject to all the provisions *Page 237 of the public law by which the exemption expressed on their face was qualified

Del., L. W.R.R. Co. v. . Bowns

58 N.Y. 573 · New York Court of Appeals · Nov 10, 1874

immediately following it, and making a part of the same paragraph, but also the evident purpose and intent of the clause itself, which, without limitation or qualification, necessarily operated to limit the liability, and qualify … The maxim referred to is well established and fully recognized in courts of law and equity, and its reasonableness cannot be questioned.

Osipoff v. City of New York

286 N.Y. 422 · New York Court of Appeals · Jul 29, 1941

To establish a right of action against the master in such a case it must be shown both that the servant intended to do on behalf of his master something of a hind which he was in fact authorized to do, and that the act, if … The partial immunity of municipal corporations in tort is one of the greatest obstructions to the socialization of tort law.

Slatterly v. . People of the State of N.Y.

58 N.Y. 354 · New York Court of Appeals · Sep 22, 1874

charging that the prisoner should be convicted if the assault was committed under such circumstances that, had death ensued, the offence would have been either murder or manslaughter in any of the various degrees; but this was qualified … This was clearly improper. We have no power to review the facts. There is no such-legal defect in the evidence as to constitute a question of law if there was, it would not be available here without an exception.

Bradner v. . Faulkner

12 N.Y. 472 · New York Court of Appeals · Jun 5, 1855

But it is also manifest that this equality was to be established by the testator, according to the dictates of his own judgment. … The method by which this was to be accomplished is as clearly indicated as the purpose itself, and in the same manner.

Whitlatch v. . Fidelity and Casualty Co.

149 N.Y. 45 · New York Court of Appeals · Apr 7, 1896

‘We are of opinion that the defendant was entitled to have *50 the jury charged as requested, and that the refusal of the court to do so was clearly erroneous. … The burden is upon a plaintiff to establish his cause of action when it is in proper form denied by the other party. * * * It is very common to say in such cases that the burden is upon the defendant to establish the fact

In Re the Elections of Directors of George Ringler & Co.

204 N.Y. 30 · New York Court of Appeals · Jan 9, 1912

corporation or any proceeding, act or matter touching the same, * * * forthwith and in a summary manner hear the affidavits, proofs and allegations of the parties, or otherwise inquire into the matters or causes of complaint, and establish … Justice Sutherland wrote an opinion in which he clearly pointed out the reasons why the acts of a de facto officer may be valid as to the public and thud persons, and invalid against him and his appointees.

Martinis v. Supreme Court

15 N.Y.2d 240 · New York Court of Appeals · Mar 11, 1965

Since prohibition is an extreme remedy reserved to those situations where a public official is to be restrained from the performance of an act which is clearly and unquestionably beyond his jurisdiction (Matter of Lyons v … If it appears on the trial that the People in showing culpable negligence rely on proof of the same inseparable acts the People attempted to establish in the prosecution under the Vehicle and Traffic Law, it would be clear

Woollcott v. . Shubert

217 N.Y. 212 · New York Court of Appeals · Feb 22, 1916

The Supreme Court said: ‘11 The first section, which is the principal one, cannot be fairly understood without *218 attending to the last clause, which qualifies the preceding part. … In order that we should hold that the act of 1913 abrogated the common-law rights of the defendants existing at the date of its enactment, it must clearly appear that they are so repugnant to the act, or the part thereof

People v. Roe

74 N.Y.2d 20 · New York Court of Appeals · Jun 6, 1989

Testimony established that defendant knew two of the shells he loaded into the gun were "live” and two were "dummies”. … is now added the unique fact-insulating characterization accorded to the essential aggravating element in these cases with the result that the prosecution’s discretionary authority in this respect is decreed absolute and immune

Beardslee v. New Berlin Light & Power Co.

207 N.Y. 34 · New York Court of Appeals · Dec 20, 1912

This appears clearly by the case of Bridger v. Pierson ( 45 N. Y. 601 ). … A third party, one Reeves, sued the plaintiff to establish a right of way over the premises.

People v. Combest

4 N.Y.3d 341 · New York Court of Appeals · Feb 22, 2005

his entitlement to these tapes under the three-pronged test set forth in Civil Rights Law § 79-h (c) (the Shield Law), which affords journalists and newscasters a qualified privilege in nonconfidential news. … Nevertheless, the police may not immunize themselves from their obligation to provide defendants with copies of their own taped statements simply by letting a news organization—invited into the room by the police—operate

Tindle v. . Birkett

183 N.Y. 267 · New York Court of Appeals · Dec 5, 1905

The general question whether such representations, when properly proved, establish a cause of action for fraud and deceit was decided in favor of plaintiffs upon a former appeal to this court. ( 171 N. Y. 520 .) … Since the debt upon which the claim of the plaintiffs is founded clearly falls within the category of provable debts enumerated in section 63a of the Bankruptcy Act, it is quite as clearly covered by the discharge in bankruptcy

Kleeman v. Rheingold

81 N.Y.2d 270 · New York Court of Appeals · May 4, 1993

There are no clearly defined criteria for identifying duties that are nondelegable. … Under this system, lawyers are authorized to hold themselves out as being uniquely qualified to manage their clients’ legal affairs, a task that unquestionably includes the commencement of lawsuits.

William Iselin & Co. v. Landau

71 N.Y.2d 420 · New York Court of Appeals · Mar 22, 1988

An accountant is not immune from liability to a lender for *423 negligence in reviewing a borrower’s financial statements and rendering an uncertified report (Review Report), but where, as here, the lender failed to offer … The conclusory assertion by Iselin’s president that Mann knew of Iselin’s reliance is clearly insufficient to defeat summary judgment on that critical issue; and even if it were properly shown that a Review Report was sent