Case law

People v. McCray

57 N.Y.2d 542 · New York Court of Appeals · Dec 14, 1982

and a juror who shares the defendant’s background justified the peremptory challenges exercised by the People and that under Swain v Alabama ( 380 US 202, 222 ): “In light of the presumption of regularity and the historic immunity … 224) as when “the prosecutor in a county, in case after case, whatever the circumstances, whatever the crime and whoever the defendant or victim may be, is responsible for the removal of Negroes who have been selected as qualified

Kaur v. New York State Urban Development Corp.

15 N.Y.3d 235 · New York Court of Appeals · Jun 24, 2010

Petitioners in this proceeding are the owners of different commercial establishments located in the West Harlem neighborhood of Manhattan. … Indeed, the due process protections embodied in the EDPL do not even allow for discovery. 11 Rather, in enacting the EDPL, the Legislature clearly evinced an intent for expeditious review of agency determinations, not a trial-like

Curry v. . Powers

70 N.Y. 212 · New York Court of Appeals · Jun 19, 1877

This clearly was not a valid assignment of the books as a chose in action, which transferred the title and gave the entire control and ownership to the appellants. … The appellants, on the other-hand, could not make out any title to the books, as the possession was qualified, restricted and conditional.

Matter of Lacee L. (Dekodia L.)

32 N.Y.3d 219 · New York Court of Appeals · Oct 18, 2018

[FN1] "In order to establish a violation under the ADA, the plaintiffs must demonstrate that (1) they are 'qualified individuals' with a disability; (2) that the defendants are subject to the ADA; and (3) that [the] plaintiffs … The parties disagree whether the requests were clearly made, but Stephanie did not then receive those accommodations.

Mullins v. . the People

24 N.Y. 399 · New York Court of Appeals · Jun 5, 1862

The manufacturer, for whose protection the statute was passed, might clearly fill his bottles, and sell them, with, their contents, without any written consent from himself. … At common law the presumption from the facts proved would clearly be that Mullins came lawfully into possession of the bottle.

Town of Orangetown v. Magee

88 N.Y.2d 41 · New York Court of Appeals · Apr 30, 1996

ordinance, regulation, custom or usage, of any State * * * , subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Under the former, the claimant must establish that the governmental action amounts to a taking without just compensation.

Louis Harris & Associates, Inc. v. deLeon

84 N.Y.2d 698 · New York Court of Appeals · Dec 13, 1994

We conclude that substantial prejudice to Harris has not been established on this record. … Moreover, it is clearly rational to place the ultimate burden of proving undue hardship on the employer who is in the better position to assess the feasibility of possible accommodations and to know how they will impact its

MATTER OF MCENIRY v. Landi

84 N.Y.2d 554 · New York Court of Appeals · Dec 8, 1994

The Appellate Division confirmed the determination and dismissed the proceeding, opining that the record did not "clearly establish a connection between the petitioner’s attendance abuses and his alleged alcoholism” ( 198 … Manifestly, alcohol dependency qualifies as a disability within the meaning of the Human Rights Law.

Ferguson v. . Netter

204 N.Y. 505 · New York Court of Appeals · Mar 5, 1912

It is again to be noted that in this letter of February 29th Netter’s complaint as to quality of mushrooms obviously referred to previous shipments, and that his suggestion regarding a qualified payment of the draft was not … I cannot establish the loss until I have them finally liquidated.”

Haynes v. . Aldrich

133 N.Y. 287 · New York Court of Appeals · May 24, 1892

These cases, even if regarded in all respects as correctly decided, fall very far short of establishing the appellant’s doctrine or justifying a reversal in the present case. … The lessor did exercise her option, and that promptly and clearly. When the keys were tendered to her mother they were refused.'

Hough v. . Brown

19 N.Y. 111 · New York Court of Appeals · Mar 5, 1859

The two witnesses called to establish the alleged agreement, were the persons with whom the defendant had the conversation at Buffalo. … Aside from the difficulty already considered, this was only a qualified acceptance, which required a further communication in order to a completion of the contract.

Remet Corporation v. The Estate of James R. Pyne

New York Court of Appeals · Oct 20, 2015

It concluded that defendant had failed to establish, by a preponderance of the evidence, that a downward departure was warranted. … A scout leader who chooses his profession or vocation to gain access to victims and 'grooms' his victims before sexually abusing them would qualify" (SORA Guidelines at 12).

Pelaez v. Seide

2 N.Y.3d 186 · New York Court of Appeals · Mar 25, 2004

As a rule, municipalities are immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment. … The questionnaire includes medically-related queries, such as whether the child exhibits pica, has convulsions, or has problems hearing or speaking clearly.

Scanlon v. First National Bank of Mexico

249 N.Y. 9 · New York Court of Appeals · Jul 19, 1928

No relationship of agent and principal, or of trustee and cestui, between the receiving bank and the beneficiary of the letter id established. … It thus clearly became, not the agent, but the creditor of Scanlon. *14 In certain instances there is liability for information negligently imparted. (Courteen Seed Co. v. Hong Kong & S. B.

Higbie v. . Westlake

14 N.Y. 281 · New York Court of Appeals · Sep 5, 1856

The administrator swears to one hundred and forty days, nearly five months in gross; and to justify the charge, he says he could not establish himself in any other business while this matter was going on. … We see clearly that the sum allowed by the surrogate was quite too large, and that judgment was therefore properly reversed by the supreme court.

In Re the Judicial Settlement of the Accounts of Powers

124 N.Y. 361 · New York Court of Appeals · Mar 3, 1891

The question in that respect as to legacies has frequenty arisen, as to debts, seldom; and, although the intention to give such effect to the former must be expressly declared or clearly inferred from the langage of the will … Those facts evidently may qualify or limit the application of some of the inferences, especially from extraneous circumstances, which may properly be considered in aid of interpretation in respect to legacies.

People v. . Beckwith

108 N.Y. 67 · New York Court of Appeals · Jan 17, 1888

Difficulty in procuring persons qualified to sit is no evidence that the jurors actually chosen, and thus pronounced free from “ all legal objections ” and to be men “ of approved integrity and sound judgment ” (2 R. … It is only where there is direct proof of one that the other can be established by circumstantial evidence.

People v. Rabb

16 N.Y.3d 145 · New York Court of Appeals · Feb 15, 2011

Nor is law enforcement “required to resort to measures that will clearly be unproductive” (id.). … nature of the relationships Walker and Rasberry had with the contractors, that a grand jury investigation would be futile since the witnesses were either participants in the crimes (who would receive full transactional immunity

Sargent v. . Board of Education

177 N.Y. 317 · New York Court of Appeals · Jan 29, 1904

The statute clearly recognizes the fact that the instruction was to be had or given therein, that is, in the asylum where the boys were detained. … To license them as qualified teachers and employ them and receive the benefit of their services and then refuse to pay them upon the objection of some taxpayer would be a species of injustice unworthy of a great state.

People v. Fuentes

12 N.Y.3d 259 · New York Court of Appeals · Apr 7, 2009

Strickler holds that one of the tests in determining whether or not a document qualifies under Brady is that the document must be “material.” … Credibility was clearly at issue.