Case law

Dodd v. . Anderson

197 N.Y. 466 · New York Court of Appeals · Feb 15, 1910

Any other rule would be clearly unjust and equally harsh, for it would cast the financial burden of a contest, upon those who win it. … Under such a.system an heir or distributee might establish his right to the estate only to realize that it had been heavily charged or entirely absorbed by the putative executor’s fruitless attempt to establish a will.

In re the Accounting of Keyserling

306 N.Y. 442 · New York Court of Appeals · Apr 8, 1954

Fourth: The remaining seventy-five (75%) per cent of the rest, residue and remainder of my estate I give, devise and bequeath to my trustees hereinafter named, the survivor or survivors of them, or such one or more as may qualify … It is well established that rules of construction are merely subsidiary aids. (Matter of Watson, 262 N. Y. 284, 293, 294 .)

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

People v. . Strait

154 N.Y. 165 · New York Court of Appeals · Oct 26, 1897

The defendant not only attempted to disprove what the prosecution had proved as to his intoxication, but also to establish, by a witness who was qualified, that, if the facts were as claimed by the prosecution, it could not … The rulings in this case clearly are not within the principle of that provision.

Jacques v. Sears, Roebuck & Co.

30 N.Y.2d 466 · New York Court of Appeals · Jun 8, 1972

The point is that even he thought he had committed a crime, and the objective facts established as much. … Of course, the limitation that detention to qualify under the statute must be “on or in the immediate vicinity of the premises ” does not apply to custody by the police.

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

The People v. Tyrone Sweat

24 N.Y.3d 348 · New York Court of Appeals · Oct 28, 2014

Counsel so confirmed, and the People requested that the court produce defendant to establish his refusal on the record. … Clearly, whether, when and how to punish was unresolved and open to the court's future determination. V.

Dodge v. . County of Platte

82 N.Y. 218 · New York Court of Appeals · Sep 28, 1880

Section 7 of the act clearly intends that the stock shall be taken by the “ taxable inhabitants ” and paid for by means of a tax, which is antagonistic to the theory that thé County Court was authorized, in any form, to take … As the recital in the bonds did not show or tend to establish any power of authority to issue the same, the plaintiff cannot be regarded as a tona fide holder of the coupons for value without notice; for, as is evident, no

Hobbs v. . the City of Yonkers

102 N.Y. 13 · New York Court of Appeals · Mar 23, 1886

qualified. … The State, 93 id. 291.) *19 These cases are clearly distinguishable from the one now. considered.

Beth V. v. New York State Office of Children & Family Services

22 N.Y.3d 80 · New York Court of Appeals · Nov 19, 2013

immunity, Beth V’s injuries resulted from an intervening cause, the complaint was barred by the Eleventh Amendment and, since defendants were not personally involved in the alleged constitutional or statutory violations, … Clearly [Beth V] had physical injury.

Paramount Communications, Inc. v. Gibraltar Casualty Co.

90 N.Y.2d 507 · New York Court of Appeals · Jun 27, 1997

physical possession and control of the subject property in New York for property claims to qualify for coverage under the Security Fund. … Clearly, at the time the claim arose for purposes of the Security Fund, the property was "located” in this State as that term is commonly understood (see, Black’s Law Dictionary 940 [6th ed 1990] ["(h)aving a physical presence

Flike v. . Boston and Albany R.R. Co.

53 N.Y. 549 · New York Court of Appeals · Nov 11, 1873

So in providing machinery or materials, and in the general arrangement and management of the business, he is in the discharge of the duty pertaining to the principal. *554 In the case before us it was clearly the duty of … His acts are indivisible, and the attempt to create a distinction in their character would involve a refinement in favor of corporate immunity not warranted by reason or authority.

Noah v. . Bowery Savings Bank

225 N.Y. 284 · New York Court of Appeals · Jan 14, 1919

Circumstances might require'other things to be done to establish care and diligence. … The only practical course to follow is to state clearly to a jury the law as it is. The error in this particular requires a new trial.

Silsdorf v. Levine

59 N.Y.2d 8 · New York Court of Appeals · May 3, 1983

Initially, we note the well-established principle that it is for the court to decide whether the statements complained of are “reasonably susceptible of a defamatory connotation”, thus warranting submission of the issue to … Notwithstanding the importance of protecting this form of expression even to the extent of denying recompense for injury to an individual’s reputation, the immunity afforded the expression of opinion obtains only when the

Eiseman v. State

70 N.Y.2d 175 · New York Court of Appeals · Jul 9, 1987

Setting the conditions of release was properly recognized as a discretionary function within the State’s absolute immunity, foreclosed from judicial review (see, Tarter v State of New York, 68 NY2d 511 ). … Consistent with conditions of parole, an individual returned to freedom can frequent places of public accommodation, secure employment, and if qualified become a student.

Ryan v. . City of New York

177 N.Y. 271 · New York Court of Appeals · Jan 29, 1904

If it be true, as the foregoing authorities clearly establish, that a municipal corporation, acting as a legal individual, is liable in damages for the negligence of its servant, it must logically follow that it is entitled … those whose interests will prompt them to act with prudence, and who because of their interest, and because they relate to matters that must come under their own view and *Page 292 observation, they are presumptively best qualified

Presbyterian Society v. . Beach

74 N.Y. 72 · New York Court of Appeals · Jun 4, 1878

subscribers to that paper, to whom the payment of the sums signed was to be made ; that at meetings, at which the defendant was present and expressed no dissent, a religious society was organized, the trustees of it elected and qualified … If this was so, there was clearly a consideration established for the undertaking of the defendant, and he is bound to some party to perform it. There is left, then, only the question of who is that party ?

Matter of Stracquadanio v. Dept. of Health

285 N.Y. 93 · New York Court of Appeals · Mar 6, 1941

Success in this proceeding, wherein the performance of an alleged official duty is sought to be enforced, requires of the appellant that he establish a clear legal right to the *96 remedy he has chosen. … Clearly section 558 of the New York City Charter endows the Board of Health with a broad discretion in the selection of measures by which public health may be protected within the field of its jurisdiction.

Harris v. Hirsh

83 N.Y.2d 734 · New York Court of Appeals · Jun 9, 1994

the qualified privilege he enjoyed, and (4) acted with malice when he defamed her. … A dispute will clearly be deemed "minor” within the meaning of the RLA when "the terms of an existing agreement either establish or refute the presence of a right to take the disputed action” (id., at 305).

Planned Consumer Marketing, Inc. v. Coats & Clark, Inc.

71 N.Y.2d 442 · New York Court of Appeals · Mar 24, 1988

The Plan had been established in 1974, and qualified by the Internal Revenue Service as an employee benefit fund under the Employee Retirement Income Security Act of 1974 ( 29 USC § 1001 et seq.). … The gravamen of the claims over, we said, was liability due to breaches of fiduciary duties established by ERISA.