Case law

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.

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.

People v. Bogdanoff

254 N.Y. 16 · New York Court of Appeals · May 15, 1930

Evidence which is not challenged establishes that on the 27th day of July, 1929, Ferdinand Fechter was killed in the city of Buffalo, Erie county. … They have been convicted after a fair trial upon evidence which is clearly sufficient to sustain a conviction. The court did not abuse its discretion in refusing to sever the trial. (People v. Snyder and Gray, 246 N.

Munro v. . State of New York

223 N.Y. 208 · New York Court of Appeals · Apr 2, 1918

The instances are many in which courts have treated a mandatory word as merely permissive when necessary to sustain an act or accomplish the purpose which was clearly intended. (Matter of Rutledge, 162 N. … The legislature, however, is not prevented from recognizing claims founded on equity and justice though they are not such as could have been enforced in a court of law if the state had not been immune from suit.

Remsen v. . the People

43 N.Y. 6 · New York Court of Appeals · Oct 18, 1870

But if otherwise, then it must be read as the jury was bound to receive it, in connection with the other parts of the charge upon the same subject, and as qualified and limited by the instructions subsequently given. … This is the entire charge as to the effect to be given to evidence of good character; and it was clearly erroneous and well calculated to mislead the jury to the prejudice of the prisoner. 1.

Bleecker Street Tenants Corp. v. Bleeker Jones LLC

16 N.Y.3d 272 · New York Court of Appeals · Feb 24, 2011

The majority correctly observes that, in the early twentieth century, we held that an option to renew a lease was outside the scope of New York’s rule against perpetuities if the lease clearly manifested an intent to create … There are important reasons why our Court should adhere to this limited exception to EPTL 9-1.1 (b) instead of creating a new category of interests in real property immunized from the rule against perpetuities.

People v. . Fabian

192 N.Y. 443 · New York Court of Appeals · Sep 29, 1908

The indictment charged the defendant with the crime of knowingly voting at an election “ not being qualified therefor.” … It is clearly bad if he cannot be deemed convicted within the meaning of the Constitution, in the absence of a judgment upon that verdict.

People ex rel. Smith v. Pease

25 How. Pr. 495 · New York Court of Appeals · Mar 15, 1863

manner of establishing such disqualification. … In my opinion, clearly not. The very right to the' office is determined hy the fact, to whom was the greatest number of legal and duly qualified votes given ?

Orvis Co. v. Tax Appeals Tribunal

86 N.Y.2d 165 · New York Court of Appeals · Jun 14, 1995

Neither Orvis nor VIP sustained its definite burden of establishing immunity under the Commerce Clause from that tax collection obligation (see, General Motors v Washington, 377 US 436, 441 ; Norton Co. v Department of Revenue … , 340 US 534, 537 ), nor their general burden under our case law of proving *179 sufficient facts to overcome an assessment and to demonstrate that the determination of the State Tax Appeals Tribunal was clearly erroneous

The People v. William Middlebrooks / The People v. Fabrice Lowe

25 N.Y.3d 516 · New York Court of Appeals · Jun 11, 2015

That is, although the statute begins with the broad premise that every youth is eligible for youthful offender status, that premise is clearly qualified by the words “unless,” “except,” and “if” (CPL 720.10 [2], [3]). … It is unclear whether the defense report would have revealed information related to the factors that could have qualified Lowe as an eligible youth (see CPL 720.10 [3]), and if counsel planned to use the report to establish

United Federation of Teachers, Local 2 v. Board of Education

1 N.Y.3d 72 · New York Court of Appeals · Nov 20, 2003

The parties do not dispute that the six selected teachers are qualified; the parties do not dispute that Feil is qualified. … In Transport Workers, we established a two-prong test for determining whether an arbitration award violates public policy.

People v. McCartney

38 N.Y.2d 618 · New York Court of Appeals · Feb 24, 1976

The "Uniform Act” enables a State to secure the attendance of witnesses who are not located within its borders and are, hence, immune to its normal subpoena power. … process to compel the attendance of witnesses beyond its jurisdiction over whom it has no subpoena power. 2 Thus, while the constitutionality of the "Uniform Act” has been upheld (New York v O’Neill, 359 US 1 ), the "Act” is clearly

People v. Shedrick

66 N.Y.2d 1015 · New York Court of Appeals · Dec 26, 1985

or implying a legislative mandate that any existing jury district system, previously established pursuant to prior legislation, be abolished. … (See, e.g., §§ 506, 514, which require that jurors be drawn from lists of qualified individuals residing in the county, but do not unambiguously mandate that the lists be countywide.)

Hernandez v. Barrios-Paoli

93 N.Y.2d 781 · New York Court of Appeals · Oct 19, 1999

But clearly the City Council could not have eliminated a verification process mandated by State or Federal law. … While the Appellate Division determined that this phrasing qualifies only the immediately preceding sentence rather than the passage as a whole, we find that interpretation to be strained.

Raynor v. Landmark Chrysler

18 N.Y.3d 48 · New York Court of Appeals · Nov 15, 2011

Moreover, since no qualifying exceptions were added, we are disinclined to read any into the statute as the carrier would have us do. … To establish a claim for violation of substantive due process, a party “must establish a cognizable . . . vested property interest” (Bower Assoc. v Town of Pleasant Val., 2 NY3d 617, 627 [2004]) and “that the governmental

Matter of Garvey

147 N.Y. 117 · New York Court of Appeals · Oct 8, 1895

It was admitted that he could have registered in another district, which was his residence prior to his removal to the seminary, and would have been a qualified voter there, and, as Judge Finch puts it, “ the precise contention … On the contrary, my intention is to reside and vote in Hew York — clearly my legal residence is not at Warrenton, Virginia.

Wiltwyck School for Boys, Inc. v. Hill

11 N.Y.2d 182 · New York Court of Appeals · Apr 5, 1962

and a qualified psychologist * * *.” … Insofar as the Board of Education contributes its facilities and resources, it clearly partakes of a public elementary school.

People v. Jackson

99 N.Y.2d 125 · New York Court of Appeals · Dec 12, 2002

The practice was established to combat taxi and livery cab robberies following a dramatic increase of those particular crimes in the geographical area. … Further support for this reading of City of Indianapolis is that, relying on the three-prong analysis of the roadblock stop precedents, the defense here clearly anticipated the City of Indianapolis ruling.

Cohen v. Cronin

39 N.Y.2d 42 · New York Court of Appeals · Feb 26, 1976

The Appellate Division modified the judgment by striking the grant of summary judgment and the direction to establish a reserve fund. … It was clearly anticipated that the payments to the wife would be her sole source of income.

In re the Probate of the Will of Murphy

304 N.Y. 232 · New York Court of Appeals · Jun 6, 1952

There is no inherent right to administer an estate; the right is clearly dependent on statute (Matter of D’Agostino, 88 Misc. 371, 375 ). … The result of these amendments will be to establish a new rule hereafter. Discussion of the reasons *239 for our construction of the old rule would, therefore, serve no useful purpose.” (Emphasis supplied.)