Case law

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

People v. Dethloff

283 N.Y. 309 · New York Court of Appeals · Jul 24, 1940

The Legislature will not be presumed to have intended a change in a settled rule of common law then in force, unless it employs language which clearly imports such intention. … The power of appointment is to be exercised by whomever may be the qualified and acting Surrogate of_Erie County on the date when a vacancy has occurred in the office of Public Administrator.

Church v. Callanan Industries, Inc.

99 N.Y.2d 104 · New York Court of Appeals · Nov 19, 2002

Plaintiffs described the duty claimed here as follows: “It is well established law that where one undertakes work on a public highway which if not done carefully will create dangerous conditions to the general public, he … Plaintiff fails to qualify under any of the foregoing exceptions.

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

55 N.Y. 565 · New York Court of Appeals · Jan 27, 1874

Rathbun ( supra ), of circustantial evidence, it is extremely difficult to establish a case of irrelevancy in the matter of the declarations and conduct of persons accused of crime, or of confederates in crime in the presence … The juror was not qualified, and could not at the time of the trial, *Page 578 have been selected as a juror by the town officers, or been placed on the list of jurors.

People Ex Rel. Brown v. Woodruff

32 N.Y. 355 · New York Court of Appeals · Jun 5, 1865

This limitation of his power clearly indicates, to my mind, that the legislature intended to provide only for the single exercise of this power by the comptroller, for a single occasion, and only for a specified period of … Those cases showed that, from necessity, the authority conferred was not a temporary exigency which was intended to be provided for, but the establishment of a permanent system respecting that portion of the public business

First Nat. Bank of Whitehall v. . Lamb

50 N.Y. 95 · New York Court of Appeals · Nov 12, 1872

The leading object of the establishment of these banks was, as expressed in the title of the act of 1864, “ to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and … But no public character, or privilege of immunity from State laws, in respect of their private dealings, appears to have been conferred upon them.

Matter of Rawlins v. Teachers' Retirement Sys. of the City of N.Y.

42 N.Y.3d 315 · New York Court of Appeals · May 23, 2024

a coworker's purposeful acts; they instead posit that the Board is permitted to evaluate the underlying facts and circumstances in such a case and "find that the event was unpredictable, sudden, and fortuitous, and also clearly … Rather than rely on the assailant's obvious intent to kill or grievously injure, we reasoned that the officer "failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in

Concordia Collegiate Institute v. Miller

301 N.Y. 189 · New York Court of Appeals · Jul 11, 1950

Petitioner’s proposed use is clearly not a permitted use under the amended ordinance, for, concededly, its property is within a residence “ A ” district. … Y. 365 ) and even if the board of appeals should grant its application, the variance would he a nullity, and by no means immune from attack by owners of adjoining property.

In re Jahron S.

79 N.Y.2d 632 · New York Court of Appeals · Jun 9, 1992

Appellants urge us to hold that a laboratory report is always necessary in order to establish a prima facie case of cocaine possession. There is no need to establish a per se rule. … We leave open the possibility that a deposition based on personal knowledge and expertness may, in now unforeseen circumstances, qualify as sufficient evidence to establish a prima facie case of drug possession because of

McLean v. . Jephson

123 N.Y. 142 · New York Court of Appeals · Oct 7, 1890

These facts were undisputed, and must be considered as conclusively established in the further consideration of the case. … This statute clearly defines the limits of the power-possessed by the assessment officers, and their jurisdiction depends upon the existence of the facts stated in the statute.

People v. Hernandez

2025 NY Slip Op 00904 · New York Court of Appeals · Feb 18, 2025

We are asked to interpret one of the statutes enacted by the legislature to accomplish that public safety goal, Penal Law § 70.04, which establishes the ten-year look back period and the method for extending that period. … The prosecution responds that the statute clearly states that all periods of incarceration from the commission of the prior felony, rather than from the sentencing date for that crime, are tolled during the ten-year period

People v. . Cosmo

205 N.Y. 91 · New York Court of Appeals · Mar 26, 1912

The trial proceeded and the prosecution established, by abundant evidence, the shooting by the defendant, the death of his victim as the result, and the surrounding circumstances which clearly warranted the conclusion that … With the development of civilization and the gradual establishment of property rights there came a, period when the ownership of property was probably regarded •as something of an index to the intelligence, character and

Rosensweig v. State of New York

5 N.Y.2d 404 · New York Court of Appeals · Apr 9, 1959

Although this State has wisely waived its sovereign immunity against suit generally (Court of Claims Act, § 8) and, perhaps, *409 “ more completely than any other American jurisdiction ” (Herzog, Liability of the State of … the corporation promoting the match ‘ ‘ not later than twenty-four hours after the termination of the contest” (§ 23, as amd. by L. 1948, ch. 754, § 5 [now § 25]). 1 The doctors so employed are selected from a list of “ qualified

White v. Schneiderman

31 N.Y.3d 543 · New York Court of Appeals · Jun 7, 2018

Indians for their own use and consumption on their nations' . . . qualified reservation" (Tax Law § 471 [1]). … In rejecting that challenge, we noted that the "Supreme Court has clearly established that State tax statutes requiring Indian retailers to collect and remit taxes on sales to non-Indian purchasers, and to keep the records

Ruloff v. . the People

18 N.Y. 179 · New York Court of Appeals · Dec 5, 1858

Webster ( 5 Cush., 310 ), except that last mentioned, were cases in which the fact of death was clearly established by finding the body; and in Webster’s case, the' identification of the remains as those of Dr. … The rule which is thus qualified is that which prohibits a conviction unless the body be found, not the rule stated by Lord Hale.

Bryce v. . Lorillard Fire Ins. Co.

55 N.Y. 240 · New York Court of Appeals · Dec 9, 1873

To make such error in a refusal to find, the evidence must be clearly conclusive in favor of the finding proposed. … This rule is so well established in the law of insurance as that it must be adhered to, though it may work hardship in a particular case.

Bryce v. Lorillard Fire Insurance

10 N.Y. 240 · New York Court of Appeals · Dec 9, 1873

To make such error in a refusal to find, the evidence must be clearly conclusive in favor of the finding proposed. … This rule is so well established in the law of insurance, as that it must be adhered to, though it may work hardship in a particular case.

Consumers Union of U.S., Inc. v. State

5 N.Y.3d 327 · New York Court of Appeals · Jun 20, 2005

Indeed, another not-for-profit insurer arguably more nearly qualifies as an entity engaged in substantially similar activities. … Plaintiffs subsequently withdrew a ninth cause of action, which alleged that Empire does not qualify to convert under the terms of Chapter 1.

People v. Mills

11 N.Y.3d 527 · New York Court of Appeals · Dec 17, 2008

memorandum states that the statute would apply to “[t]hose class A-II felony controlled substance offenders who ... at the time of the petition are . . . more than 12 months from being eligible for the temporary release program established … For example, if Then had not broken the law while on parole, he would clearly be ineligible for resentencing on the 1999 conviction under the 2005 DLRA (he would not have been in DOCS’s custody, for one thing), leaving him

People Ex Rel. Henderson v. Board of Supervisors

147 N.Y. 1 · New York Court of Appeals · Sep 27, 1895

territory at the time of the annexation consisted of a town and parts of towns, and of two villages in the county of Westchester, having a population of upwards of 13,000 persons, excluding aliens, of whom about 2,500 were duly qualified … The senate districts are established by the Constitution.