Case law

People v. . Fanshawe

137 N.Y. 68 · New York Court of Appeals · Jan 17, 1893

Bearing in mind the fact that the Penal Code was a revision of pre-existing statutes on the subject of crimes, and that no change in the law can be presumed to have been intended unless clearly expressed, and recalling the … There was no intention to qualify the definition of arson in the first degree, as expressed in the previous section, but to limit and qualify the broad language of the section defining arson in the third degree.

Starin v. . the Town of Genoa

23 N.Y. 439 · New York Court of Appeals · Sep 5, 1861

The power may, therefore, be either general or qualified or special. That conferred in this case was of the latter character. … showing that it was genuine and actually signed by the persons whose names appear as subscribers, should be sufficient proof to establish the important fact of such assent.

Holmes v. Winter

22 N.Y.3d 300 · New York Court of Appeals · Dec 10, 2013

We explained: “The inescapable conclusion is that the Shield Law provides a broad protection to journalists without any qualifying language. … Compelling a reporter to appear in court to respond to a subpoena that seeks information that is clearly cloaked with an absolute privilege can itself be viewed as a significant incursion into the press autonomy recognized

Laroe v. . Sugar Loaf Dairy Co.

180 N.Y. 367 · New York Court of Appeals · Feb 3, 1905

The plaintiffs’ evidence, if credited, established a clearly valid contract with the defendant, under the terms of which it was indebted to the plaintiffs in the amount for which the suit was brought. … Fassoiij cases the check was accompanied by a letter which expressly stated that the payment was tendered in full satisfaction of the claim and there was nothing in the previous transactions between the parties to limit or qualify

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

People v. Foster

64 N.Y.2d 1144 · New York Court of Appeals · May 2, 1985

provision relating to discharge of disqualified jurors is Judiciary Law § 518, which provides that, “The court shall discharge a person from serving as a trial or a grand juror whenever it satisfactorily appears that he is not qualified … Clearly, therefore, the evidence was sufficient to establish Fred Foster’s guilt beyond a reasonable doubt. With respect to Gregory Reed, however, the situation is quite different.

Firestone Tire Rubber Co. v. . Agnew

194 N.Y. 165 · New York Court of Appeals · Jan 26, 1909

The claim of the plaintiff was established by the decree of the Federal court in bankruptcy and is no longer open to contest. … We think the courts should not extend the exception beyond its present limits, unless, in possibly a new case, clearly within the principle of the decisions already made.”

Werner v. State of New York

53 N.Y.2d 346 · New York Court of Appeals · Jul 6, 1981

dependents or next of kin, or anyone otherwise entitled to recover damages, at common law or otherwise on account of such injury or death,” and section 8 of the Court of Claims Act “is careful to provide that, in waiving immunity … Thus, the board has determined that Ronald Werner’s *353 death was accidental and occurred in the course of his employment, both issues clearly within its jurisdiction.

Snell v. . Niagara Paper Mills

193 N.Y. 433 · New York Court of Appeals · Nov 24, 1908

It set forth the making of representations by the plaintiff as to his competency and qualifications ; that he was incompetent and was not qualified to do the work of superintending ; that much of the product, manufactured … Clearly, the causes of action alleged in the complaint, in no sense, involved the examination of an account and they were not referable, unless a reference were consented to by both parties.

Johnson v. City of New York

274 N.Y. 411 · New York Court of Appeals · Jun 2, 1937

This court has said that there must be some specific provision of the Constitution with which it clearly conflicts. ( Cleveland v. City of Watertown, 222 N.Y. 159 , 164 .) … The contrary clearly appears. By express terms no city has power to adopt a local law inconsistent with the Constitution and laws of the State.

Leggett v. . Hunter

19 N.Y. 445 · New York Court of Appeals · Jun 5, 1859

The principle had before been established by the cases cited by Judge RUGGLES in his opinion, and also in Niles v. Stevens ( 4 Denio, 399 ), where an executor refused to act, and an executrix duly qualified. … The courts have established this power by judicial decisions, Clark v.

Schulman v. New York City Health & Hospitals Corp.

38 N.Y.2d 234 · New York Court of Appeals · Dec 4, 1975

Two public health experts, Doctors Donna O’Hare and Jean Pakter, submitted important background affidavits showing clearly that the certificates were directed toward the accomplishment of seven public health objectives: 1 … These provisions establish reporting procedures for statistical purposes only, and require that the division of health ensure the confidentiality of all information.

Perkins v. . the New York Central Railroad Company

24 N.Y. 196 · New York Court of Appeals · Mar 5, 1862

There is clearly some limitation to this right. … These cases show that there is no general rule which prohibits a party from contending for immunity from the consequences of his own negligence.

Tallman v. . Coffin

4 N.Y. 134 · New York Court of Appeals · Oct 5, 1850

Certain principles defining what covenants run with the land, have been adjudged and fully established ever since the time of Lord Coke. … I am not able to see that either of them, in any way varies the doctrine established in Spencer’s case, of which it has been remarked, all subsequent decisions are but commentaries.

Stewart v. . Patrick

68 N.Y. 450 · New York Court of Appeals · Feb 13, 1877

If it was insufficient to establish either, that fact constituted no objection to its competency. … That may be, in the absence of other circumstances to qualify the description, the legal effect of it.

Bradner v. Faulkner

2 N.Y. 472 · New York Court of Appeals · Jun 15, 1855

But it is also manifest that this equality was to be established by the testator, according to the dictates of his own judgment. … The method by which this was to be accomplished is as clearly indicated, as the purpose itself, and in the same manner.

2 Park Avenue Associates v. Cross & Brown Co.

36 N.Y.2d 286 · New York Court of Appeals · Mar 26, 1975

Clearly these administrative sanctions are supplemental to existing common-law damage actions by the party injured. … The remainder of the article includes a clause limiting its application (§442-0, provisions for nonresident licensees (§§ 442-g, 442-h), for enforcement by the Department of State and establishment of a professional advisory

Davis v. . Lottich

46 N.Y. 393 · New York Court of Appeals · Nov 10, 1871

performance of the contract; that the provisions in relation to securing the purchase-money remained unperformed, and the stipulation to pay for the excess, or rebate for the deficiency of land, remained in full force, and qualified … Under these the purchaser would clearly have had no right to the possession, or to interfere in any manner with the premises, until he paid the purchase-money.

Matter of Haydorn v. . Carroll

225 N.Y. 84 · New York Court of Appeals · Dec 13, 1918

The defendant claims that this qualified permission was a violation of his rights under the “ due process ” provisions of the Constitution and that he was entitled to an unlimited examination of the indictment. … When we do this, it is clearly made apparent that the affirmance was based upon the exercise of a discretionary power and that the construction of the Constitution was in no way involved.

Fleming v. . Burnham

100 N.Y. 1 · New York Court of Appeals · Oct 6, 1885

Objections which are merely .captious or mere suggestions of defects which no reasonable man would, consider, although within the range of pos *9 sibility or those which are clearly invalid by the law as settled, whatever … In an action of ejectment by the children of Thomas to recover their interest, would the court be authorized to direct a nonsuit, against them on the ground that the facts (as now presented) conclusively established a good