Case law

Moultrie v. . Hunt

23 N.Y. 394 · New York Court of Appeals · Sep 5, 1861

He said, "I apprehend that it is now clearly established by a great variety of cases which it is not necessary to go through in detail, that the rule of law is this: that *Page 404 when a person dies intestate, his personal … It is clearly enough implied, perhaps, by the language of this section, that the will, to be proved and established under its provisions, and which is allowed to be executed, as to assets in this State, must be a legal will

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.

Matter of Vannier v. . Anti-Saloon League

238 N.Y. 457 · New York Court of Appeals · Jul 5, 1924

But this clearly is not so. … Nor do these views by any means lead to the con *465 elusion that this appellant corporation is immune from any regulation or supervision of its conduct in connection with elections.

Burr v. American Spiral Spring Butt Co.

81 N.Y. 175 · New York Court of Appeals · Jun 1, 1880

It does not establish a fraudulent disposition of the books to deceive the defendant. … The plaintiffs were, therefore, clearly entitled to a judgment for some amount, which would be sufficient to justify the reversal of the judgment, and a granting of a new trial.

Darlington v. Mayor of New York

28 How. Pr. 352 · New York Court of Appeals · Jul 1, 1864

These trustees or governors have no rights, interests, privileges or immunities, which are violated by such interference. … Rep. 469), which last case he stated very much at large as defining the distinction very clearly, and being quite decisive upon the question.

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.

Lobdell v. . Stowell

51 N.Y. 70 · New York Court of Appeals · Sep 5, 1872

Although it still continued in the possession of the defendant, unseparated from that which was apportioned to himself) he held it all as affected and qualified by that agreement and subordinate to the rights resulting from … It is evident, therefore, that it was not the intention of the court to overrule the cases to which I have above referred as establishing and settling that rule, and as it is clearly appli-' cable to the case under review

Fantis Foods, Inc. v. Standard Importing Co.

49 N.Y.2d 317 · New York Court of Appeals · Feb 14, 1980

The answer clearly pleads two distinct third-party claims, the first for conversion and the second for breach of contract. … It was, therefore, clearly erroneous not to dismiss Standard’s contract claim (fourth "counterclaim”) against Synergal.

MATTER OF MARKOWITZ v. Serio

11 N.Y.3d 43 · New York Court of Appeals · Jun 26, 2008

Supreme Court granted the petition, holding that Regulation 90 expressly mandated public disclosure of the reports and that *49 the Department failed to meet its burden of demonstrating that the Regulation 90 filings qualified … The Appellate Division reversed and reinstated the Department’s administrative determinations, noting that although the Department had decided in 1994 that the Regulation 90 reports were public records as the regulation clearly

City Bank Farmers Trust Co. v. Arnold

268 N.Y. 297 · New York Court of Appeals · Jul 11, 1935

painters, sculptors, and other artists by enabling such citizens of the United States as shall be selected by competition from among those who have passed with honor through leading technical schools or have been equally qualified … So far as we can see, the sole function of the Academy after it had set up the scholarship association was to hold and invest the fund and in some manner not clearly stated to pay out the income, not for its own purposes

Darlington v. . Mayor, C., of New York

31 N.Y. 164 · New York Court of Appeals · Jan 5, 1865

These trustees or governors have no rights, interests, privileges or immunities which are violated by such interference. … The subjects of the several actions, in the cases I have been examining, were as clearly matters of municipal government, as any which could be presented.

People v. . Loomis

178 N.Y. 400 · New York Court of Appeals · May 3, 1904

It is to be noted, however, that the authorities cited by the learned author very materially qualify his broad assertion. In State v. Underwood (supra) the charge was murder in the first degree. … guilt of another, very clearly indicates that the case at bar does not fall within either of them.

People v. Settles

46 N.Y.2d 154 · New York Court of Appeals · Dec 21, 1978

To qualify for admission into evidence as a declaration against the maker’s penal interest the following elements must be present: first, the declarant must be unavailable as a witness at trial; second, when the statement … Supportive evidence is sufficient if it establishes a reasonable *170 possibility that the statement might be true.

People v. Goodman

69 N.Y.2d 32 · New York Court of Appeals · Dec 18, 1986

The homicide was clearly established. Ms. Henschel’s body was discovered in her apartment in New Rochelle January 24, 1978 by the assistant manager of the building. … It established that Ms.

Rogers v. . Weir

34 N.Y. 463 · New York Court of Appeals · Jan 5, 1866

It is said that the bailee is not responsible when his refusal to deliver up property to the true owner is a qualified one. … Clearly not, unless we allow him, under pretense of neutrality, not only to put his hand *471 on the plaintiff’s property, but to keep it on when the plaintiff calls for it.

Koump v. Smith

25 N.Y.2d 287 · New York Court of Appeals · Jul 2, 1969

In 1828 New York became the first jurisdiction to change the common-law rule when it established a statutory privilege between physician and patient. … In light of the strong policy in favor of full disclosure unless the information sought is immunized, the burden of showing the appropriate immunity should be on the party asserting it (Haire v. Long Is. R. R.

Westfall v. . the Hudson River Fire Insurance Co.

12 N.Y. 289 · New York Court of Appeals · Mar 5, 1855

This language, and still more clearly the statement annexed to the enumeration of the hazardous and extra-hazardous occupations and articles, to the effect that a specified additional premium will be required where these … If this is so, it is because the use of it is prohibited in a certain qualified manner. I do not see anything in the language of the instrument to warrant this construction.

Overstock.com, Inc. v. New York State Department of Taxation & Finance

20 N.Y.3d 586 · New York Court of Appeals · Mar 28, 2013

Active, in-state solicitation that produces a significant amount of revenue qualifies as “demonstrably more than a ‘slightest presence’ ” under Orvis. … We will not strain to invalidate this statute where plaintiffs have not met their burden of establishing that it is facially invalid.

People v. Abbamonte

43 N.Y.2d 74 · New York Court of Appeals · Nov 17, 1977

Six exceptions qualify the general proscription (see CPL 40.20, subd 2, pars [a]-[f]). … Under the paragraph (a) exception, separate prosecutions are permissible where "[t]he offenses as defined have substantially different elements and the acts establishing one offense are in the main clearly distinguishable

In re Gardiner

69 N.Y.2d 66 · New York Court of Appeals · Dec 19, 1986

Moreover, review of the cases thereafter decided establishes that the Park presumption has never been applied to defeat the claim of a remainderman to which the addendum otherwise applied. … Co., 197 NY 420 ), that self-serving act clearly would not have qualified him to take under the power.