Case law

Potter v. . Browne

197 N.Y. 288 · New York Court of Appeals · Jan 18, 1910

The defendant, in seeking to establish the defenses set up in his answer, called as a witness one Claxon, a horse trainer, who had formerly been employed by the plaintiff, but had left him to enter .the service of the defendant … Had he kept within the clearly-defined boundaries of the rule no just criticism could be made of his effort.

Child v. . Chappell

9 N.Y. 246 · New York Court of Appeals · Dec 5, 1853

To show more clearly the relation which the basin was to sustain to the mill-seat lots, the owners of the latter, their heirs and assigns, were by the deed allowed to extend the warehouses which they might erect on their … The grantees were to have all the privileges and immunities and to be subject to all the limitations and restrictions which were expressed and provided for in the deed of partition.

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.

Roosevelt Raceway, Inc. v. Monaghan

9 N.Y.2d 293 · New York Court of Appeals · Mar 23, 1961

In my opinion it clearly was not. “Exemption from taxation” means immunity or freedom from tax (see Tax Law, § 4). It means the kind of “ exemption ” described in City of Rochester v. Rochester Ry. Co. ( 182 N. … As establishing that the 1956 statute created, when petitioner acted on it, a constitutionally irrevocable contract, I cite People *319 ex rel. New York Cent. & H. R. R. R. Co. v. Mealey ( 224 N.

Fred S. James & Co. v. Second Russian Insurance

239 N.Y. 248 · New York Court of Appeals · Jan 21, 1925

Justice and public policy do not require that the defendant now. bfefore us shall be pronounced immune from suit. … A sufficient 'answer is that no such substitution of liabilities was established by the trade agreement or thought of in its making.

Maria De Lourdes Torres v. Police Officer Jones

26 N.Y.3d 742 · New York Court of Appeals · Feb 23, 2016

the immunity must yield. … Rather, our comment was consistent with the rule of immunity applicable to a "complaining witness" under the common law.

People v. Payne

3 N.Y.3d 266 · New York Court of Appeals · Oct 19, 2004

Here, as in Gonzalez , the evidence established defendant’s intent to kill. … Moreover, it should be obvious that the more the defendant shoots (or stabs or bludgeons) the victim, the more clearly intentional is the homicide.

Albany Law School v. New York State Office of Mental Retardation & Developmental Disabilities

19 N.Y.3d 106 · New York Court of Appeals · Apr 26, 2012

Clearly, the DD Act recognizes the imperative need of P&A organizations to protect and advocate on behalf of residents who are not capable of providing authorization and lack a legal representative. … Statutes that relate to the same subject are in pari materia and should “be construed together unless a contrary intent is clearly expressed by the Legislature” (Matter of Plato’s Cave Corp. v State Liq.

In re the Estate of Lalli

38 N.Y.2d 77 · New York Court of Appeals · Nov 25, 1975

paternity in a proceeding instituted during the pregnancy of the mother or within two years from the birth of the child. "(3) The existence of an agreement obligating the father to support the illegitimate child does not qualify … Clearly such proof is not available today. In this circumstance we conclude that the Legislature acted rationally in prescribing a specially defined procedure for establishing the fact of fatherhood.

Cheatum v. Wehle

5 N.Y.2d 585 · New York Court of Appeals · Apr 17, 1959

The defense of privilege in this answer, in my opinion, is not so clearly sufficient in law as the defense of fair comment. … to establish the cause of action.

Cleveland v. . City of Watertown

222 N.Y. 159 · New York Court of Appeals · Dec 21, 1917

It seems unnecessary to refer more specifically to the provisions of the act since those to which reference has been made clearly indicate, as it seems to me, that all the act does or attempts to do is to enable a city of … It seems to me that the situation was such as the people intended to be met, when establishing in the fundamental law of the state the principle of ' home rule ’ for its political subdivisions.”

In re Robinson

37 N.Y. 299 · New York Court of Appeals · Sep 15, 1867

This being conceded, or established by proof, it was admittedly within the province of the court, and became its duty, to appoint a suitable person to carry the trust into effect, as it is a familiar principle in equity, … He had not accepted the trust, and had for twenty years omitted to qualify as trustee, or to claim the trusteeship. No responsibility as trustee rested on him. Had he claimed the trusteeship, as successor of James B.

People v. Izzo

26 N.Y.3d 999 · New York Court of Appeals · Oct 20, 2015

It concluded that defendant had failed to establish, by a preponderance of the evidence, that a downward departure was warranted. … A scout leader who chooses his profession or vocation to gain access to victims and ‘grooms’ his victims before sexually abusing them would qualify” (SORA Guidelines at 12 [citation omitted]).

People Ex Rel. Baird v. . Nixon

158 N.Y. 221 · New York Court of Appeals · Feb 28, 1899

Section three provides for the adoption of plans, etc., necessary and ■ convenient to establish the objects contemplated. … legislation which extinguished the old bridge corporation and vested all its property in the two cities, the board of trustees were merely agents for, and representatives of, the two cities, and as such they were entitled to the immunities

Magnin v. Dinsmore

11 N.Y. 168 · New York Court of Appeals · Mar 24, 1874

The language of this clause is very broad; but if it be desired that a clause shall cover losses by negligence, it is not too much to say that the purpose must be clearly expressed. The recent case of Oppenheimer v. … Law Journ., 187) asserts the established legal construction of such conditions to *175 be, that they do not cover cases of actual negligence unless that be expressly stated.

New York State Employment Relations Board v. Christ the King Regional High School

90 N.Y.2d 244 · New York Court of Appeals · Jun 12, 1997

Appellant’s claimed burden, particularly in contrast to the sweeping threshold immunity that it seeks, is plainly incidental, inchoate and speculative. … IIL We turn now to the School’s Establishment Clause argument.

Hofheimer v. . Campbell

59 N.Y. 269 · New York Court of Appeals · Dec 15, 1874

This section does not qualify the directions of section 211. Assuming this construction which is claimed to be the correct one by the counsel for the sheriff, we think the answer contains no defence. 1st. … It is clearly against public policy to permit public officers to receive any benefit, or to bargain, or make any arrangement for a violation of the duties prescribed by law.

Dora Howell v. City of New York

New York Court of Appeals · Nov 22, 2022

In particular, the motion does not claim that the officers (or City) are entitled to any sort of immunity, so it is curious that the majority chooses to avoid “[p]laintiff’s argument concerning governmental function immunity … First, governmental immunity doctrines bar recovery in most cases; the most egregious cases, where immunity is unavailable, have not resulted in governmental insolvency (see, e.g., Brownridge v City of New York, No. 1:2021cv04603

Voorhees v. Bates

308 N.Y. 184 · New York Court of Appeals · Dec 31, 1954

When his attorney stated that he was seeking to establish by this testimony ‘ ‘ the advanced skill and training that is necessary in order to qualify as an orchestral conductor ”, the assistant director of the State Tax Commission … stated: “ I don’t think there is any question but what he was qualified for what he was doing.”

People v. John H. Woodbury Dermatological Institute

192 N.Y. 454 · New York Court of Appeals · Sep 29, 1908

The defendant was convicted upon proof sufficient to establish the fact that it had so advertised. … The defendant replied that the provision quoted from section 5 of the Statutory Construction Law is qualified by the limitation contained in section 1 of the same act, which declares that the chapter is “ applicable to every