Case law

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.)

Goodwin v. Perales

88 N.Y.2d 383 · New York Court of Appeals · Jun 6, 1996

Although plaintiff clearly satisfied the customer of record criterion, she was not a tenant of record under DSS’ definition of that term. … To qualify for Emergency Energy Assistance the applicant/recipient must be the tenant of record and have direct, primary responsibility for the payment of the energy cost.

Padula v. State of New York

48 N.Y.2d 366 · New York Court of Appeals · Nov 29, 1979

interlocutory judgment the State appealed to the Appellate Division, Third Department, which *371 agreed, one Judge dissenting, with the Court of Claims’ finding of negligence, and rejected the State’s argument that it is immune … Pugh, whose view is that heroin addiction clearly is a mental illness (1973 Wash U LQ, at p 107), has this to say (id., at pp 104-105): "Is heroin addiction a 'mental disease’ under Durham-McDonald?

People Ex Rel. Ostrander v. . Chapin

105 N.Y. 309 · New York Court of Appeals · Apr 19, 1887

Section 85 of the same act shows very clearly that by the words ‘‘ for any cause whatever ” the intention was to provide for cases where the invalidity depended upon extrinsic facts, to be established by evidence, for that … He was clearly authorized to decide the question of the validity or invalidity of the tax sales, at least as between tbe State and the purchaser, and for the purpose of determining whether the purchaser was entitled to have

Conner v. Keese

1 Silv. Ct. App. 391 · New York Court of Appeals · Apr 19, 1887

There remained but one link to be supplied in the chain of facts necessary to establish the liability of the defendants. … That essential fact was not established by the evidence adduced on the trial of this action, and on that ground the plaintiffs were nonsuited. *393 As to the‘defendant Johnstone the nonsuit was clearly right; for, by his

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

Elrac, Inc. v. Ward

96 N.Y.2d 58 · New York Court of Appeals · Apr 3, 2001

Thus, section 370 clearly requires the rental company to provide the renter with this minimum level of coverage. … Contrary to ELRAC’s contention, self-insurers are not immune from antisubrogation principles (see, Lo Piano v Hunter, 173 Ariz 172, 174-176, 840 P2d 1037, 1039-1041 [applying antisubrogation rule to self-insured trust fund

Grumet v. Pataki

93 N.Y.2d 677 · New York Court of Appeals · May 11, 1999

The Appellate Division further concluded that chapter 390 failed the second prong of the Lemon test because it “clearly provides an impermissible preference to the Village in response to the Satmars’ desire to provide their … Although only one municipality — Kiryas Joel — qualified under the prior statute, it does not follow that chapter 390 — by allowing one additional municipality to qualify under the statute — is a general, religion-neutral

Lemmon v. . People.

20 N.Y. 562 · New York Court of Appeals · Mar 5, 1860

When negro slavery was first introduced and established as an institution in the Colony of New York, is not easily traceable. … It is conceded that she may go to this extent if there be no restraint on her action by the Federal Constitution; and to this extent, I think, her policy and actual legislation clearly indicate that she has gone.

Green v. Shumway

36 How. Pr. 5 · New York Court of Appeals · Sep 15, 1868

It is clearly manifest that the law under consideration was liable to the objection that it was both a bill of pains and penalties and an ex post facto law, within the principles laid down in the case cited. … established.

People Ex Rel. Taylor v. . Forbes

143 N.Y. 219 · New York Court of Appeals · Oct 9, 1894

This section clearly contemplates that an order made in contempt proceedings may be reviewed by certiorari, and such has always been the practice. (People ex rel. Munsell v. The Court of Oyer and Terminer, 101 N. … The principle established by these decisions is that no one shall be compelled in any judicial or other proceeding against himself, or upon the trial of issues between others, to disclose facts or circumstances that can be

Kulak v. Nationwide Mutual Insurance

40 N.Y.2d 140 · New York Court of Appeals · Jun 15, 1976

As part of her direct case in the present action, plaintiff then called two experienced trial attorneys, neither of whom had had any connection with her personal injury action but whom she qualified and offered as experts … (No assertion is made here that either of the two attorneys who testified was not qualified by training and experience to express such expert opinion as might be admissible.)

DiMichel v. South Buffalo Railway Co.

80 N.Y.2d 184 · New York Court of Appeals · Oct 20, 1992

Further, plaintiff introduced evidence to establish that the accident had rendered him impotent. Defendant did not enter any surveillance material into evidence. … This is clearly an issue that has fragmented the four departments of the Appellate Division.

Mahoney v. Pataki

98 N.Y.2d 45 · New York Court of Appeals · May 7, 2002

minimum standards for qualified representation (see Judiciary Law § 35-b [4] [b] [iv]). … and clearly goes to the very heart of the intent behind Judiciary Law § 35-b.

Card v. . Card

39 N.Y. 317 · New York Court of Appeals · Jun 5, 1868

These are matters which, if he were living, he might explain, qualify, or contradict; but it does not prevent all testimony coming from the lips of the party which, if believed, might tend to establish the fact in issue, … This would be clearly competent, and yet it would tend to prove a transaction, to wit, a contract with the deceased, of whom, in respect of the title to this land, they were the representatives.

Hackett v. . Stanley

115 N.Y. 625 · New York Court of Appeals · Oct 8, 1889

It clearly provides for something more than a loan of money, as it is-fairly to be implied from it, that Stanley would render active services as a principal in the prosecution of the business, and furnish further financial … The learned judge, after referring to the English cases claimed to have qualified, if not overruled, the cases of Grace v. Smith (2 W. Black, 998), and Waugh v. Carver (2 H.

People v. Knight

72 N.Y.2d 481 · New York Court of Appeals · Oct 27, 1988

Thus, in addition to establishing that the moving radar was in proper working condition and that it was operated correctly by one who was qualified and experienced in the operation of traffic radar, the evidence should show … The record clearly establishes that the KR-10 SP moving radar unit had been correctly calibrated; that Chief Hall was *488 a qualified Doppler Traffic Radar Operator; 3 that he had independently verified the speed of his

Graff v. . Bonnett

31 N.Y. 9 · New York Court of Appeals · Jan 5, 1865

The general principles established, by the new system were relaxed in both instances in the interest of minors and destitute persons. … The provision establishing the inalienability of the interest of the beneficiary in that class of trusts, has, therefore, no application.

Stewart v. Chautauqua County Board of Elections

14 N.Y.3d 139 · New York Court of Appeals · Feb 23, 2010

The record here establishes that J.K. did not have dual residences in Chautauqua and Cattauragus Counties. … The record also establishes that J.K. resided in the Cattaraugus County apartment.

Matter of Garcia v. WTC Volunteer

2025 NY Slip Op 06360 · New York Court of Appeals · Nov 20, 2025

Decedent had an established claim for lifetime benefits for multiple medical conditions he contracted through exposure to toxins while volunteering with the American Red Cross in the September 11 recovery efforts. … benefits accrued at the time of decedent's death and is a separate and distinct legal proceeding from decedent's original disability claim," the Court concluded that "[t]he language of the . . . statutory provisions . . . clearly