Case law

Marine Midland Bank, N.A. v. Price, Miller, Evans & Flowers

57 N.Y.2d 220 · New York Court of Appeals · Oct 14, 1982

In order to simplify this problem subdivision (1) of section 4-201 of the Uniform Commercial Code establishes a presumption of the bank’s agency status, which prevails unless “a contrary intent clearly appears”. … And as noted earlier, being in possession of an indorsed item would qualify the bank as a holder (Uniform Commercial Code, § 1-201, subd [20]).

Winter v. Board of Education

79 N.Y.2d 1 · New York Court of Appeals · Jan 14, 1992

Both parties recognize that resolution of this issue turns on whether a teacher is "qualified” pursuant to Education Law §3001. … Unlike the situation in Meliti, however, appellant Winter, holding certificates in business and driver education, was clearly certified to teach on the day he was suspended, and thus was "qualified” pursuant to Education

In re the Estate of Nurse

35 N.Y.2d 381 · New York Court of Appeals · Nov 21, 1974

That the 1967 device was not clearly a trust but perhaps a conditional gift emphasizes that the 1967 occurrence, whatever else it was, was not a continuation of the 1956 trust. … Indeed, the underlying stipulation for the judgment could not qualify as an amendment to a “ pour-over ” trust under EPTL 3-3.7.

People v. Bailey

32 N.Y.3d 70 · New York Court of Appeals · Jun 14, 2018

Defendant's counsel moved for a mistrial, arguing the juror "clearly poisoned the jury with her animosity, not only toward me, but the questions that I was asking, which were clearly legitimate questions based on the testimony … "I don't think there would be any basis to remove the juror without first establishing that she can't be fair and impartial.

Van Brunt v. . Van Brunt

111 N.Y. 178 · New York Court of Appeals · Nov 27, 1888

But this construction is claimed to be inadmissible by reason of qualifying words contained in the devise and bequest of the remainder. … , and establishes a different intention.

Matter of People (Russian Reinsurance Co.)

255 N.Y. 415 · New York Court of Appeals · Feb 10, 1931

The appellants, “ Russian Reinsurance Company of Petrograd, Russia,” and First Russian Insurance Company, Established in 1827,” are corpoiations organized under the laws ■ of the Russian Empire, with agencies or branches … We may doubt whether an injunction so unmeasured is consistent with constitutional immunities, and, in particular, with the privilege of access to the courts (Sliosberg v. New York Life Ins. Co., 244 N.

People v. . Fish

125 N.Y. 136 · New York Court of Appeals · Jan 13, 1891

It was never one of the privileges or immunities of a citizen of the United States to be confronted with the witnesses against him in a state court. … But even if we are wrong in this construction of the fourteenth amendment, we think it is clearly settled by numerous adjudications that the right of the-defendant to be confronted with the witnesses, within the meaning of

Burtis v. . the Buffalo and State Line Railroad Company

24 N.Y. 269 · New York Court of Appeals · Mar 5, 1862

There is nothing in the finding to qualify the comprehensive language to which we have referred; and, as has been said, it embraces the power to make any contract for transportation that the ‘ corporation had a right to make … It may be that the legislatures of the adjoining States have provided, or will provide, by similar legislation, for traffic originating in those States; but, however this may be, we can clearly establish the law for companies

Commercial Pictures Corp. v. Board of Regents

305 N.Y. 336 · New York Court of Appeals · May 28, 1953

As used in the said Penal Law sections, the word ‘ ‘ immoral ’ ’ clearly relates to sexual immorality. … If, therefore, the State be required to grant a license here, petitioner will be immune from criminal prosecution.

McCoy v. Feinman

99 N.Y.2d 295 · New York Court of Appeals · Nov 19, 2002

Here, the stipulation clearly expressed the parties’ intention to award plaintiff retirement benefits under the plan. … Thus, Majauskas can govern equitable distribution of preretirement death benefits earned during the marriage, but mere mention of Majauskas does not by itself establish the parties’ intent to allocate those benefits.

Freedman v. . Oppenheim

187 N.Y. 101 · New York Court of Appeals · Jan 8, 1907

established does not in some instances furnish a marketable title. … If there is no disputed question of fact, and the possession has been clearly adverse and undisturbed for the required period, the title maj’- be sustained. * * * To establish title by adverse possession, it must be shown

Fillo v. Jones

2 Abb. Ct. App. 121 · New York Court of Appeals · Dec 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.

Taber v. . Supervisors of Erie County

131 N.Y. 432 · New York Court of Appeals · Mar 1, 1892

The meaning thus definitely attached to a quota under the December call for men must be retained through the remainder of the act unless plainly modified by later and qualifying expressions. … Clearly, the same man could not stand in both of the assumed positions, and so “and” was changed to “or” to meet the difficulty.

Metropolitan Life Insurance v. Union Trust Co.

294 N.Y. 254 · New York Court of Appeals · May 24, 1945

Procedure incidental to the decision by a referee is clearly . defined by the Civil Practice Act. … The fact that in a written “ memorandum ” the Referee included a conclusive statement of his findings as to factual issues and a direction for the entry of judgment, qualifies that “ memorandum ” as a decision upon which

Matter of School Board of Brooklyn

157 N.Y. 566 · New York Court of Appeals · Jan 10, 1899

This will be seen quite clearly from the other provisions of the charter which must now be noticed. … at their respective schools, during the last preceding school year, and also of such pupils resident therein over four years of age as shall, during the last preceding school year, have attended any kindergarten school established

City Trade & Industries, Ltd. v. New Central Jute Mills Co.

25 N.Y.2d 49 · New York Court of Appeals · Jul 1, 1969

In truth, as the stipulated facts clearly indicate, there was no fulfillment of the contested contractual arrangement. … The answer, quite clearly, is that the modification did not constitute such an abuse.

People Ex Rel. Ferguson v. . Reardon

197 N.Y. 236 · New York Court of Appeals · Jan 11, 1910

“ the books and papers ” and “ any memoranda or record relating to ” the sales, agreements to sell, etc., described in the statute, it clearly passes beyond this prescribed and required book of account and deals with all … But if the prosecution can obtain possession of the papers of a defendant without violation of the immunity guaranteed by the Bill of Rights, it is permitted to offer these papers in evidence against the defendant.”

Ross v. . Mather

51 N.Y. 108 · New York Court of Appeals · Sep 5, 1872

It is true that there is no express allegation of that fact, but it is alleged therein that the defendant falsely and fraudulently warranted the said horse to be sound, and quiet in harness, and it is well established that … The defendant, however, claims that whatever may have been the rule under the old system of pleading, the action, under the Gode and the present system, was clearly “ for damages for the deceit, and that fraud was the gravamen

People v. . Decker

157 N.Y. 186 · New York Court of Appeals · Nov 22, 1898

While the record shows no formal challenge either by the prosecution or by the defense, it is manifest that both parties understood that the examination made was for the purpose of determining if he was competent and qualified … We are clearly of the opinion that this evidence was admissible, and that the court committed no error in receiving it.

Brigham v. . Tillinghast

13 N.Y. 215 · New York Court of Appeals · Dec 5, 1855

Qualified by the adjective available, it must be held to include all that numerous class of securities which are known in the mercantile world as representatives of value easily convertible into money, but not money. … Leavitt, nor did the court mean to disturb the salutary rule there established. This is evident from the fact that the learned judge who delivered the opinion of the court in Kellogg v. Slauson, cited; Woodburn v.