Case law

People Ex Rel. MacCracken v. Miller

291 N.Y. 55 · New York Court of Appeals · Jul 20, 1943

At the hearing in Special Term, witnesses, qualified as experts, were *60 produced by each side and they expressed strongly divergent opinions as to the value of the property. … ; it does not diminish its probative force to establish that a seller under no economic compulsion to sacrifice the property for an inadequate price was willing to sell at the price actually paid and that no buyer was ready

People v. Wood

12 N.Y.2d 69 · New York Court of Appeals · Dec 6, 1962

Liss, 9 N Y 2d 999), does not immunize him from criminal responsibility under section 1120 of the Penal Law. … These remarks were clearly improper, and cannot be justified or excused by anything that transpired earlier in the trial.

89 Christopher Inc. v. Joy

35 N.Y.2d 213 · New York Court of Appeals · Oct 8, 1974

To this end a maximum base rent was established for January, 1972 as a ceiling towards which the rents of each building could rise at a rate of no more than 7%% each year. … The history of the City Bent Control Law of 1970 clearly shows the legislative intention to allow rents of rent-controlled buildings to rise gradually but consistently towards the MBB ceiling. * However elusive that ceiling

People v. Rawlins

10 N.Y.3d 136 · New York Court of Appeals · Feb 19, 2008

Keblish, herself a qualified expert, gave her opinion that the DNA profiles from the rape kit were the same as defendant’s. … Clearly, she could well have expected her statements to be used against defendant later at trial.

De Wolf v. . Ford

193 N.Y. 397 · New York Court of Appeals · Nov 17, 1908

circumstances, are not to be held responsible, it must be upon the theory that they owed no duty to the plaintiff in respect of her convenience, privacy, safety and comfort while she was their guest, and that an innkeeper is immune … It is clearly not the conventional relation of landlord and tenant, for there is no contract as to the realty. (Taylor’s L. & T. sec. 66.)

Westerlo v. . De Witt

36 N.Y. 340 · New York Court of Appeals · Mar 5, 1867

The evidence of Miss "Westerlo establishes satisfactorily that, there was an actual. delivery to her of the certificate as a gift from Mrs. Clinton, in apprehension of death. . … De Witt had not qualified as executor, nor, according to the ordinary course of events, had the will been proved when he received the certificate.

Cahill v. . Hilton

106 N.Y. 512 · New York Court of Appeals · Oct 4, 1887

Persons engaged in the use of machinery employed in the various manufacturing industries of the country, and usually propelled by irresistible power, are necessarily exposed to great danger, and must mainly rely for immunity … The position in which the body was found is irreconcilable with the theory that the broken ladder was the cause, and clearly demonstrates that it was the consequence only of the accident.

MATTER OF PLUNKETT v. Mahoney

76 N.Y.2d 848 · New York Court of Appeals · Aug 30, 1990

In my view, the three-day delay in filing the certification of authorization (Election Law § 6-120 [3]) is clearly a "technical defect" of the type which falls within the exception established in Matter of Harden v Board … reached by the majority effectively abolishes the equitable remedy fashioned in Matter of Hunting v Power ( 20 N.Y.2d 680 ) which the court recently acknowledged was "designed to give effect to the intention manifested by qualified

People v. Rodriguez

79 N.Y.2d 445 · New York Court of Appeals · May 7, 1992

At the other extreme, it clearly does not apply where the familiarity emanates from a brief encounter (see, People v Newball, 76 NY2d 587, 591-592 , supra). … It is indeed possible that a store clerk, having seen a customer "four dozen” times, would be immune to police suggestion.

In re Feinstein

36 N.Y.2d 199 · New York Court of Appeals · Mar 20, 1975

an organization or corporation in the rendering of legal services, the Appellate Division must assure that the link of professional responsibility (between lawyers and the clients they serve is not diluted, dissolved, or immunized … Subdivision 5 of the statute just as clearly has the purpose, among others, of permitting properly approved organizations which have benevolent or charitable purposes to be involved in the operation of law offices.

Matter of Union Trust Co. (Hoffman Estate)

219 N.Y. 514 · New York Court of Appeals · Dec 28, 1916

Such rulé of *521 law should not he abandoned, qualified or in any way impaired. … The plaintiff was. compelled to maintain the action to identify and establish her interest in the mortgage.

Bankers Trust New York Corp. v. Department of Finance

79 N.Y.2d 457 · New York Court of Appeals · May 12, 1992

For the reasons that follow, we conclude that petitioners’ arguments are unpersuasive. (1) There are two types of franchise taxes, "organization taxes” (taxes established for the privilege of existing as a corporation) and … And, the Supreme Court has repeatedly recognized that simply because a tax on a franchise is measured by income, 5 as is the tax at hand, does not connote that it cannot qualify as a franchise tax within the meaning of the

NAT. PSYCHO. ASSN. v. Univ. of State of NY

8 N.Y.2d 197 · New York Court of Appeals · Jul 8, 1960

The membership of the Advisory Council established by the Legislature to "aid in the formulation of policy" was likewise apportioned among professional practitioners and "representatives of the professional training centers … The statute prescribes clearly discernible standards to govern the exercise of the power of certification, and it was "proper and fitting for the Legislature to assign broad functions to the Board, particularly when it was

Schuster v. City of New York

5 N.Y.2d 75 · New York Court of Appeals · Nov 11, 1958

Accordingly, for plaintiff to recover against the city it must be established that there was a duty running from the city to plaintiff’s intestate and that such duty was violated. … Clearly, the foregoing statute places the police force of the City of New York under a broad duty to protect the general public from crime, including homicide.

State Farm Mutual Automobile Insurance v. Mallela

4 N.Y.3d 313 · New York Court of Appeals · Mar 29, 2005

The patients insured by State Farm presumably received appropriate care from a health professional qualified to give that care. … State Farm’s complaint does not clearly indicate, one way or the other, whether it has paid money to defendants after the amended regulation took effect.

People Ex Rel. Moriarty v. . Creelman

206 N.Y. 570 · New York Court of Appeals · Dec 10, 1912

Said notice prescribed the duties of an inspector as already set forth and stated that a candidate should have had specified lines of experience which were calculated to qualify him for the discharge of the duties of such … The appellants representing the public did have the right to require that before appointment his fitness should be measured and established by any test honestly and reasonably appropriate to that end and such an one it may

National Bank v. . Dillingham

147 N.Y. 603 · New York Court of Appeals · Dec 10, 1895

. § 883) in the absence of some provision clearly importing the contrary. This principle is clearly deducible from the cases in this court of which the case of The People ex rel. Winchester v. Coleman ( 133 N. … . * * * The retained liability occasionally established is in the nature and a parcel of such original liability, as we had occasion to .show in Rogers v. Decker ( 131 N.

People v. . Bromwich

200 N.Y. 385 · New York Court of Appeals · Jan 10, 1911

crime of false registration in appearing before the inspectors of election for the fifteenth election district of the thirty-first assembly district in the county of New York as a voter in said district, he not being a qualified … The majority of the court below placed their decision on the *343 admission by the trial court of improper evidence to establish that the defendant was not a citizen of the country and hence not entitled to vote anywhere.

People ex rel. Stapleton v. Bell

28 N.Y. St. Rep. 960 · New York Court of Appeals · Jan 28, 1890

If unchecked by punishment, the electoral franchise is subjected to further attacks by dishonest partisans, emboldened by past immunity to themselves or others, to affect the result of elections by fraudulent personations … So “finally” must be taken, obviously, to refer to the conclusion of the proceedings preliminary to the establishment of the voter’s right to have his ballot received and deposited.

O'Connor v. . Hendrick

184 N.Y. 421 · New York Court of Appeals · Apr 17, 1906

regulations as to the management of the common schools, the existence of a general power of supervision on his part over such schools is clearly implied in many parts of the statute. … There is no reason either in morals or in law why they or any other qualified persons should not be allowed thus to teach, whatever may be their religious convictions, provided that they do not by their acts as teachers promote