Case law

Robert O. v. Russell K.

80 N.Y.2d 254 · New York Court of Appeals · Oct 27, 1992

This constitutional right to the opportunity to develop a qualifying relationship does not extend to all unwed fathers or arise from the mere fact of biology. … That result would run counter to the established principle that biology alone is not enough to warrant constitutional protection.

Walsh v. Washington Marine Insurance

32 N.Y. 427 · New York Court of Appeals · Jun 5, 1865

Facts such as these, established by the testimony of disinterested witnesses, former owners and masters, experienced shipwrights and navigators, and officers employed by the insurance companies, leave no room for doubt that … It would have been clearly erroneous to dismiss the complaint on a ground applicable only to the interest he represented as trustee for Mrs. Walsh.

Smith v. . the People

47 N.Y. 330 · New York Court of Appeals · Jan 30, 1872

In 1798 a court of Oyer and Terminer was established by act of the legislature for that city and county, and from that time to this the legislature has prescribed sometimes in the general statutes and sometimes by special … The same legislature that passed the act of April, 1870, also passed a law in May of the same year, less than a month after the passage of the first act (Laws of 1870, chap. 554), clearly recognizing the authority of a single

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.

Hickenbottom v. Delaware, Lackawanna & Western R. R.

122 N.Y. 91 · New York Court of Appeals · Oct 7, 1890

the burden was with him to prove to the satisfaction of the jury that he was free from negligence as well as that the defendant was guilty of it; and that if the evidence failed to satisfy them that both propositions were established … it” It is the better practice, because less liable to mislead the jury, for the court even after making the main charge to decline to instruct the jury as requested unless the proposition submitted to it for that purpose clearly

People v. Williams

3 Abb. Ct. App. 596 · New York Court of Appeals · Jun 15, 1855

Hence it was an important fact l'or the prosecution to establish that these persons met together while the deceased was abroad on Saturday night. … The evidence was not offered to qualify an act connected with the issue, but to induce the jury to infer another act not otherwise shown to exist: that of his being in company ívith the deceased.

Lukasz Gottwald v. Kesha Rose Sebert

New York Court of Appeals · Jun 13, 2023

Luke is a public figure under our established case law. … Both parties clearly anticipated litigation, as evidenced by their separate filings on the same day.

Trust v. Board of Assessors of Gardiner

47 N.Y.2d 476 · New York Court of Appeals · Jul 3, 1979

Clearly, the Trust land is not used for religious, hospital or cemetery purposes. … It is, of course, within the power of the Legislature to establish and to modify tax exemptions, subject only to constitutional limitations.

Reitz v. . Reitz

80 N.Y. 538 · New York Court of Appeals · Apr 6, 1880

Section fifty - one, is so qualified by section fifty-three, that it docs not extend to cases “ where the alienee named in the conveyance shall have taken the same in his own name, Avithout the consent or lmoAviedge of the … The evidence on one *544 side clearly establishes that fact. The defendant by his answer and his testimony substantially denies it, as he also denies that he bought the lots for his mother, or with hex-money.

Matter of City of Rochester

208 N.Y. 188 · New York Court of Appeals · Apr 22, 1913

Great public inconvenience would result from establishing such a rule. There are many town and city officers who are called upon to discharge public duties which may remotely affect their pecuniary interests. … It was, however, the duty of the court to appoint as commissioners competent and qualified persons.

Matter of Marine Holdings, LLC v. New York City Commn. on Human Rights

31 N.Y.3d 1045 · New York Court of Appeals · May 8, 2018

She found that only petitioners' expert was qualified to assess the structural feasibility and that the Commission's inspection was cursory. … [and that] the evidence in the record does not establish undue hardship." As a result, the Commission ruled that petitioners had discriminated against the tenant and were required to make the proposed modification.

The People v. . McCumber

18 N.Y. 315 · New York Court of Appeals · Dec 5, 1858

A defence is sham, in the legal meaning of that term, which is so clearly false in fact that it does not in reality involve *321 any matter of substantial litigation. … It is embodied in the rules established by the court in 1847. (Rule 79.) The word “sham” imports precisely the same as the word “ false” in the rule.

Hutchins v. . Van Vechten

140 N.Y. 115 · New York Court of Appeals · Nov 28, 1893

an absolute title in the defendant, without clear proof showing a beneficial interest in another as well as its nature, character and extent, and that a failure to execute or deliver *121 the necessary legal evidence to qualify … With this point clearly in view we have carefully considered the very able argument of counsel in behalf of the defendant mainly devoted to the proposition that the proof in this case does not come up to the standard which

People v. Muniz

74 N.Y.2d 464 · New York Court of Appeals · Nov 21, 1989

If that indictment and ensuing conviction involve even one act which would be a felony in this State, a predicate felony satisfying Penal Law § 70.06 is established. … The New Jersey burglary statute necessarily embraces several acts which, depending on the generic "offense” intended to be committed within the structure, clearly qualify as a defined "crime” under New York law and therefore

Belknap v. Sealey

4 N.Y. 143 · New York Court of Appeals · Jul 1, 1856

The absence of such a fact would be, clearly, fatal to the claim for relief against such a contract. … They do not *158 qualify it, however, by any means to the extent supposed-A deed which describes the land and states the number of acres, although with the words “more or less,” clearly imports that there is not a great deficiency

Crehan v. . Megargel

234 N.Y. 67 · New York Court of Appeals · Jul 12, 1922

Clearly they did not contribute capital in the manner, ■under the conditions and with the results contemplated by the statute as necessary to estabhsh the status of a special partner. … Whatever the origin of the rule, it is qualified to-day by the principle of election, it being held that where a creditor holding the joint obligation of several parties proceeds to recover judgment against part of them it

American Committee for Weizmann Institute of Science v. Dunn

10 N.Y.3d 82 · New York Court of Appeals · Feb 14, 2008

Instead, it vaguely refers to a “very substantial bequest” as consideration for the establishment of the memorial fund. … conversations between petitioner’s employees and decedent or to the introduction of testimony consistent with such affidavits at trial (see Weinstein-Korn-Miller, NY Civ Prac ¶ 4519.15 [2d ed] [“(C)orporations are almost immune

Drake v. . Drake

134 N.Y. 220 · New York Court of Appeals · Oct 1, 1892

While that case has been so criticised or limited as not to be treated as establishing a general rule, the proposition is not questioned that in such case in bequests and devises the issue take substitutionally. … Y. 516 ), the meaning of the word “issue” was clearly restricted to children by the terms of the mil as both terms were there used synonymously.

Flores v. Mosler Safe Co.

7 N.Y.2d 276 · New York Court of Appeals · Dec 30, 1959

The first real attempt to establish these principles in this State took place in Roberson v. Rochester Folding Box Co. (supra). … In addition, we placed great stress upon the fact that the plaintiff was a public figure who voluntarily became involved in a special and public event in which the public clearly had a legitimate interest and applied the

Walker v. . People of the State of New York

88 N.Y. 81 · New York Court of Appeals · Feb 28, 1882

The remaining exception relates to the charge that “to establish a defense of insanity it must bo clearly proved,” &c., the exception being to the expression “ clearly proved.” … Tihdal was intended to convey in the McNaghten case,' we think that it was so qualified in the present case, by the connection in which it was used, and the explanation which accompanied it, that, taking the whole charge