Case law

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.

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.

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.

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

Kagen v. Kagen

21 N.Y.2d 532 · New York Court of Appeals · Feb 29, 1968

Specifically, plaintiffs seek a declaratory judgment establishing the right of the infants to (1) annual support *535 payments of $7,500 for each infant; (2) an annual vacation fund of $1,000 apiece, and (3) an annual educational … Clearly Vazquez is not dispositive here since this is simply an action for a declaration of the rights of children, due to the changed circumstances of the defendant.

Matter of Osborn v. Cohen

272 N.Y. 55 · New York Court of Appeals · Oct 13, 1936

Y. 137 ), like health and education, have been, by custom, tradition and practice, considered as matters of State concern. *60 Not so, however, the establishment and control of fire departments. … Those are matters which clearly relate to the affairs of cities. If the Legislature is to deal with them, it must do so in accordance with the fundamental law.

Golf v. New York State Department of Social Services

91 N.Y.2d 656 · New York Court of Appeals · Apr 2, 1998

“If either spouse establishes that income generated by the community spouse resource allowance, established by the social services district, is inadequate to raise the community spouse’s income to the minimum monthly maintenance … After having established his eligibility, the agency then should have allocated to Mrs.

Kenavan v. City of New York

70 N.Y.2d 558 · New York Court of Appeals · Nov 25, 1987

Significantly, the majority’s holding in this case is explicitly premised on the same "general rule” (see, majority opn, at 569), which is clearly derived from the absence of any relationship between a municipality and its … The present litigation fits comfortably within the well-settled rule which assigns to the jury the task of determining whether a claimed negligent act or omission was a pure error in judgment and immune from liability or

Steele v. Board of Education

40 N.Y.2d 456 · New York Court of Appeals · Jul 6, 1976

The Legislature has clearly favored the latter benefit. … Even if it is clearly established that the total number of years spent in the district shall be counted toward the seniority of each individual employee, we are still left with the question of how to define the "tenure of

People v. Kingston

8 N.Y.2d 384 · New York Court of Appeals · Nov 30, 1960

stipulation of the District Attorney that the person making such confession shall not be prosecuted therefor—in other words, if he is being brought in and testifying himself, he cannot be prosecuted, he does not sign a waiver of immunity … Div. 267, 272 ) there was no reversal since the Trial Judge had given “ rather careful attention to the limited value of the statement ’ ’, and the case was not a close one and the crime was clearly and fully established.

The People v. Jose Inoa

25 N.Y.3d 466 · New York Court of Appeals · Jun 10, 2015

Only a small number of expressions that would, even arguably, fit that description, are identified, and even those are not clearly referable to some fixed vocabulary in which expertise might be cultivated. … Once it was established through this testimony that defendant shot Contreras and Santos in the early hours of January 11, 2005 at the bodega on the corner of West 204th and Sherman, the general import of what was being discussed

Weissman v. Sinorm Deli, Inc.

88 N.Y.2d 437 · New York Court of Appeals · Jun 11, 1996

Supreme Court granted plaintiffs motion and denied the cross motion, finding that plaintiff had established a prima facie case by proof of the promissory note, the indemnification agreement, and default in payment and indemnification … Critically here, the indemnification agreement does not qualify as an instrument for the payment of money only.

Clark v. Cuomo

66 N.Y.2d 185 · New York Court of Appeals · Oct 22, 1985

That the program was intended to further this policy was established at trial by the uncontradicted testimony of Dullea. … A law may be enacted only by a legislative body, which the executive clearly is not (see, Schumer v Caplin, 241 NY 346, 351-352 ).

Fillo v. Jones

4 Keyes 328 · New York Court of Appeals · Sep 15, 1868

The evidence was clearly inadmissible,— not because the witness was not shown to be qualified to give an opinion as to the cause of those fires, but because the whole matter of the cause, the occurrence and the effect of … For these errors in the ruling of the court, upon objection to evidence, I am clearly of opinion that the judgment at the Circuit was erroneous, and that the defendant was entitled to a new trial.

The Matter of Steven Glickman v. Zackary Laffin

27 N.Y.3d 810 · New York Court of Appeals · Aug 23, 2016

Under the Washington, D.C. law, a "qualified elector" is defined, in part, as one who attests that he or she "[h]as maintained a residence in the District for at least 30 days preceding the next election and does not claim … These factors clearly demonstrate that Glickman broke the chain of New York electoral residency which did not recommence until he registered to vote in New York in 2015.

People v. Yonkers Contracting Co.

17 N.Y.2d 322 · New York Court of Appeals · May 5, 1966

knowing participation with larcenous knowledge and intent in criminally deceiving the State into paying for highway excavation work which had not been performed, these defendants are adjudged to be, as a matter of law, immune … Clearly these areas were not excavated, but Briggs, Blitman and Posner not only had informed the State that this had been done, but they had received payment therefor.

Fuhst v. Foley

45 N.Y.2d 441 · New York Court of Appeals · Oct 26, 1978

Our holding in Baskin (supra) dealt solely with the issue of whether a dwelling occupied by what would clearly qualify as one family under the zoning ordinance becomes a two-family dwelling under the same zoning ordinance … In sum, an applicant does not qualify for an area variance by showing that he is merely inconvenienced by the zoning restrictions.

People Ex Rel. Youmans v. . Supervisors

60 N.Y. 381 · New York Court of Appeals · Apr 20, 1875

It does not seem to us that any such unqualified power is conferred by the clause, but on the contrary that the power to make reductions is expressly qualified by confining it to such reductions as the nature of the corrections … *Page 384 This provision confers upon the board of supervisors the same power of correction in the case of a non-resident tax-payer which the assessors have in the case of a resident of the town, but clearly no other or greater

Redmond v. Liverpool, New York & Philadelphia Steamboat Co.

46 N.Y. 578 · New York Court of Appeals · Dec 5, 1871

To give effect to a request so general, would establish a rule to operate as a trap and a snare to suitors, as well as to courts and referees. … The court says: “ The evidence clearly establishes a course of business between the parties, in relation to the mode of delivering goods, which must govern the liability of the defendants in this case.” Gotliff v.

Bates v. . Holbrook

171 N.Y. 460 · New York Court of Appeals · Jun 10, 1902

The finding that the necessary and proper place for the construction of the operating plant were matters to be determined by the contractors and the public authorities is clearly a legal construction of the city charter, … City of Brooklyn ( 101 N.Y. 136 ), in speaking of the immunity which the law extends to municipal corporations for the result of acts of a judicial and discretionary character, RUGER, Ch.