Case law

People v. . Elliott

163 N.Y. 11 · New York Court of Appeals · May 1, 1900

It was competent for the district attorney to ask the witnesses, who had testified to defendant’s good character, whether they had heard of the divorce proceeding, and, if so, whether it qualified to any extent their previously … I leave it to you to say to what extent the evidence convinces you with reference to the good character of the defendant and what weight that character, as it is established, should have upon your consideration of this case

Kazel v. Kazel

3 N.Y.3d 331 · New York Court of Appeals · Nov 18, 2004

A judgment of divorce and qualified domestic relations order (QDRO) awarding an interest in the husband’s pension plan do not automatically include preretirement death benefits available under the plan. … There, the stipulation of settlement “clearly *335 expressed the parties’ intention to award plaintiff retirement benefits under the plan.

People v. Lafaro

250 N.Y. 336 · New York Court of Appeals · Feb 13, 1929

Undoubtedly the evidence is sufficient to establish that the defendant sought to influence him in respect to some act or decision. … Clearly, under such circumstances, a decision to institute proceedings in the Federal courts to end an act which disturbs the peace and order of the community cannot be said to be wholly outside of the functions of the police

People v. . Patrick

182 N.Y. 131 · New York Court of Appeals · Jun 9, 1905

The fact that Jones, the defendant's accomplice, was to have practical immunity from punishment was as apparent on the trial as it was on the application made for a new trial. … The fact that the coroners' physicians received compensation *Page 218 for their services in making experiments to qualify them as experts on the trial constitutes no ground for discrediting their testimony.

Cantalino v. Danner

96 N.Y.2d 391 · New York Court of Appeals · Jun 28, 2001

Specifically, the court held that because plaintiff was complying with Supreme Court’s order to nail service to her husband’s door, she “clearly did not have the intent required to have committed the crime of criminal mischief … As we noted in Smith-Hunter , however, several types of terminations do not qualify as “favorable” at common law, since they are fundamentally inconsistent with innocence.

Pittsburg Carbon Co. v. McMillin

119 N.Y. 46 · New York Court of Appeals · Jan 14, 1890

¡No question is made on this appeal as to the jurisdiction of the Ohio court to entertain the proceeding and make the order appointing the receiver, and it is found that the receiver duly qualified and entered upon the discharge … Y. 328 .) ' But, as between the plaintiff and the receiver of the trust combination, the latter is, we think, clearly entitled to the fund.

People v. Guaman

22 N.Y.3d 678 · New York Court of Appeals · Feb 25, 2014

Absent this proposed limitation, defendant urges, the “at best quixotic result” would be that any conduct establishing the “lesser offense” of third-degree sexual abuse would necessarily also establish “the essential elements … Specifically, “by rubbing his groin and exposed penis against the victim’s buttocks without . . . consent, defendant could certainly have caused the victim ‘non-trivial physical discomfort’ [and f]or that matter, [defendant] also clearly

Drake v. Auburn City Railway Co.

173 N.Y. 466 · New York Court of Appeals · Feb 10, 1903

The evidence establishes that under this mode of construction the nearest point of the car to the trees was about twenty-one inches. … It was clearly error to submit to the jury the question whether it was negligence on the part of the defendant to maintain its road so near the line of trees.

People v. . Becker

210 N.Y. 274 · New York Court of Appeals · Feb 24, 1914

If, as claimed by the defense, a wicked conspiracy was framed by him and his associates to throw upon the defendant the responsibility for Rosenthal’s murder and thereby secure immunity and save their lives, Rose was clearly … and indeed it is his duty to present the evidence to the jury in such light and with such comments that the jury may see its relevancy and pertinency to the particular issue upon which it was admitted, and thus be better qualified

Cooper v. City of New York

81 N.Y.2d 584 · New York Court of Appeals · Jun 15, 1993

Pascarella thus concerned only the application of two separate aspects of the governmental immunity doctrine; the "special duty” rule and the "immunity for discretionary decisions” rule (see, e.g., Tango v Tulevech, 61 NY2d … Moreover, if the majority’s assertion were correct, the qualifying rule articulated in Kenavan — i.e., that "liability will not be imposed where the [coworker’s] conduct involves the exercise of professional judgment” — would

April v. April

272 N.Y. 331 · New York Court of Appeals · Dec 31, 1936

The evidence establishes that the payments made by the trustee did produce these results, though as the Appellate Division has found, the trustee did not so intend or understand. … Then the only question which remains is whether the agreement confers immunity from liability upon the trustee.

Baker v. Sterling

39 N.Y.2d 397 · New York Court of Appeals · Apr 8, 1976

Apparently in section 369 of the Social Services Law the State has adopted the restrictions imposed by Federal law in order to qualify for Federal grants. … That right had already been established within the framework of section 104.

Duffany v. . Ferguson

66 N.Y. 482 · New York Court of Appeals · Sep 19, 1876

A legal decision, adverse to an opinion *485 expressed, cannot establish fraud for which a party can be held liable in an action. … Y., 298 ), the judge was clearly wrong in refusing to charge, as requested by the defendant’s counsel, that what was said by the defendant under the circumstances was but the expression of an opinion, and could be nothing

City of Long Beach v. Civil Service Employees Ass'n

8 N.Y.3d 465 · New York Court of Appeals · May 1, 2007

Furthermore, any provisional appointment to a position must end within two months of the establishment of an appropriate eligible list, with only a narrowly defined exception applicable when termination would “disrupt or … The Civil Service Law, however, clearly sets a time limitation on provisional appointments and that period is nine months.

Jooss v. . Fey

129 N.Y. 17 · New York Court of Appeals · Dec 1, 1891

Nunan must be held as firmly establishing the proposition that the common-law rule as to the unity of the husband and wife had not been abrogated by the legislation of this state, with respect to their tenancy of real property … Nunan , did not deny a full operation to the legislative enactments ; it simply applied this rule of construction and confined the operation to what the language of the acts clearly imported, and as they did not in terms

Petersen v. . Chemical Bank

32 N.Y. 21 · New York Court of Appeals · Mar 5, 1865

And yet nothing can be more clearly the emanation of sovereign political power than the creation of a corporation. … That fact was proved as strongly as in the nature of the case such a position could be established.

IntegrateNYC, Inc. v. State of New York

2025 NY Slip Op 05870 · New York Court of Appeals · Oct 23, 2025

While plaintiffs' claims regarding segregation are clearly relevant to an equal protection analysis, that does not mean they cannot also support a violation of the Education Article. … If it does, a [CPLR 3211 (a) (7)] motion does not lie and the pleading is immune from it' " ( Foley , 21 AD3d at 65 n 1, quoting Siegel, 38 St. John's L Rev at 205).

Matter of Hines v. La Guardia

293 N.Y. 207 · New York Court of Appeals · Jul 19, 1944

Y. 547 ), applies here with equal force — “ The several provisions of the Civil Service Law clearly indicate that it was the intention of the Legislature that all persons seeking employment in the civil service and who came … In the Hines proceeding the failure by the petitioner to establish that he .was an employee in city service .on November 9, 1942, makes legally ineffectual his application on that date for pensioned service retirement.

Simis v. . McElroy

160 N.Y. 156 · New York Court of Appeals · Oct 3, 1899

Her possession and that of her grantors since 1856 has been clearly shown, but just where the title was prior to that date does not appear. … Unless it did they may be able to prove facts which might qualify, if not wholly avoid, the fact of possession in the plaintiff and her predecessors.

Lower Manhattan Loft Tenants v. New York City Loft Board

66 N.Y.2d 298 · New York Court of Appeals · Nov 19, 1985

1029 ) in affirming on the opinion at Special Term ( 79 Misc 2d 438 ), that statutes in pari materia are to be construed together and "as intended to fit into existing laws on the same subject unless a different purpose is clearly … The last sentence of section 281 (3) establishes that even if a portion of a building is an interim multiple dwelling, nonresidential space in the building is exempt from article 7-C.