Case law

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.

Johnson v. . Oppenheim

55 N.Y. 280 · New York Court of Appeals · Dec 16, 1873

The act might have been more clearly expressed; but the provision for surrender is without meaning, unless it qualifies the provision for a discharge of the obligation of the tenant to pay rent. … any improvement upon the adjoining lot which would intercept the light, or otherwise interfere with the reasonable enjoyment of the premises, it was clearly inadmissible within well established rules of evidence.

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

McGaffin v. . City of Cohoes

74 N.Y. 387 · New York Court of Appeals · Sep 17, 1878

While it is a well-settled rule that when the language of a statute is unambiguous, the question of construction does not *389 arise, and effect must be given by the courts to its established meaning, the cases are numerous … These provisions were clearly intended to provide for the usual expenditures of a municipality, such as for services rendered, work done, or materials furnished, and the like.

In re Syracuse University

3 N.Y.2d 665 · New York Court of Appeals · Feb 20, 1958

. 2, Ch. 11, § 399, subd. k, pp. 1217-1218), that: 1 ‘ If property is given in trust to be applied for the support of a particular charitable institution, and the institution subsequently merges with another institution established … Again he says at page 2846: ‘ ‘ Where it clearly appears that the testator intended that the property should be applied only to the particular purpose which failed, or for the benefit of a particular association or corporation

Lambert v. People

6 Abb. N. Cas. 181 · New York Court of Appeals · Dec 15, 1878

It was a material and important fact for the prosecution to establish that the oath was legally administered (3 R. … This is clearly distinguished from a case where there is an entire want of power to make the appointment.

People v. . Harris

123 N.Y. 70 · New York Court of Appeals · Oct 7, 1890

Such repeal must, therefore, be effected by implication alone, if it is to be deemed c established at all. … The evidence was ample to sustain the charges of the indictment and rendered any other result on the trial than a verdict of guilty clearly inappropriate.

People Ex Rel. Snyder v. . Hylan

212 N.Y. 236 · New York Court of Appeals · Jul 14, 1914

by practical construction, the rule which I have stated has been clearly, emphatically and unequivocally established in this jurisdiction, by the case of Erastus Oooke, who was appointed a justice of the Supreme Court .by … The court thought that the converse of this proposition was too clearly established to require discussion, saying: “An old office is vacated by death, resignation or removal.

Matter of City of Brooklyn

143 N.Y. 596 · New York Court of Appeals · Nov 27, 1894

The Dartmouth College case ( 4 Wheat. 518 ), while establishing the doctrine that a charter is a contract, cannot help out the general claim of the appellant here. … Wheeley (2 Barn. & Ad. 793), with respect to the plaintiff’s rights, that they were derived from the act of Parliament which authorized the canal, and they could “ claim nothing that is not clearly given them by the act.”

Wells v. . Tolman

156 N.Y. 636 · New York Court of Appeals · Oct 4, 1898

What the jDlaintiff realty claimed and sought to establish in this action was something more extensive than can be deduced from the reservation in the grant upon which the easement depends. … When the parties to the deed created the easement it was, clearly intended that the owner of the twenty-five acres, should have the right to use all the land for agricultural purposes, and hence the right of way was so limited

Disney Enters. v. Tax Appeals

10 N.Y.3d 392 · New York Court of Appeals · Mar 25, 2008

Co., 160 NY 225 [1899]), we will not, "absent unambiguous evidence, infer a scope of pre-emption beyond that which clearly is mandated by Congress' language" ( Cipollone v Liggett Group, Inc., 505 US 504, 533 [1992]). … Video is a corporation that transacts business in New York, and it is not immune from New York State tax unless Public Law 86-272 (73 US Stat 555) immunizes it—which it does not.

Chenango Bridge Company v. . Binghamton Bridge Company

27 N.Y. 87 · New York Court of Appeals · Jun 5, 1863

But such is clearly the doctrine and effect of the series of adjudications referred to. … or authorizing the establishment of another bridge or ferry, would be within the constitutional prohibition.

People v. Hernandez

43 N.Y.3d 591 · 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 10-year lookback 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 10-year period

Mager v. . Osborn

32 N.Y. 669 · New York Court of Appeals · Jun 5, 1865

The first of these was clearly without merit. … The origin of the bond, its contents, its delivery to the plaintiff, and the fact that when delivered it purported to be signed by Naylor, Osborn and Calrow, were thus clearly established.

Rauenstein v. New York, Lackawanna & Western Railway Co.

136 N.Y. 528 · New York Court of Appeals · Jan 17, 1893

The opinion pointed out, clearly, the distinction between the case of a change of grade in the street, merely, and the case then at bar; where the object of the elevation of an embankment in the street was to subserve the … And this is so ” (he adds) “ whether the damage results from cutting down or raising the street, and although the grade of the street had been before established, and the adjoining landowners had erected buildings with reference

William J. Jenack Estate Appraisers & Auctioneers, Inc. v. Rabizadeh

22 N.Y.3d 470 · New York Court of Appeals · Dec 17, 2013

To successfully establish his entitlement to summary judgment based on his claim that there is no writing reflecting the sale agreement for item 193, Rabizadeh must show that the record is bereft of documentation establishing … The General Obligations Law states clearly that the memorandum must include names.

Michaelsen v. New York State Tax Commission

67 N.Y.2d 579 · New York Court of Appeals · Jul 8, 1986

This principle was firmly established by the Supreme Court in Commissioner v LoBue ( 351 US 243 ) and petitioner concedes the point. … Any gain petitioner realized from an increase in the market value of Avon stock between the time the option was exercised and the time the stock was sold is clearly investment income rather than compensation and, as a nonresident

Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.

28 N.Y.2d 117 · New York Court of Appeals · Feb 17, 1971

As analysis of the legislation clearly establishes, there is nothing in subdivision 12 or any other part of section 66 which allows one to circumvent the prohibitions contained in section 65 against unjust discrimination … But the mere fact that the challenged practice may not be deemed a tie-in does not automatically immunize it from attack under the Donnelly Act.

Matter of Sayeh R.

91 N.Y.2d 306 · New York Court of Appeals · Dec 22, 1997

We note that the majority’s ruling here cannot immunize or condone the father’s continual actions which have been contrary to the court orders issued by the Florida courts. … Clearly, the courts of Florida are eminently qualified to protect these children and that State, if given the chance, will take any and all steps necessary to do so in its continued vigilance in this matter.

Stoneman v. . Erie Railway Company

52 N.Y. 429 · New York Court of Appeals · Apr 1, 1873

She clearly had sufficient title in the goods lost to bring the action in her own name under our Code. They were her "separate property," within the meanof that statute. (Code, § 114.) … It has become an axiom, that he who alleges error must affirmatively establish it. No presumption is indulged to reverse a judgment.