Case law

Hickenbottom v. Delaware, Lackawanna & Western Railroad

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

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 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

Stefanik v. Hochul

43 N.Y.3d 49 · New York Court of Appeals · Aug 20, 2024

Initially, nothing in the Constitution's text clearly establishes an in-person voting requirement. … Article II, § 1-a originally authorized the legislature to establish absentee voting for "qualified voters" who were "unavoidably absent from the state or county of their residence because their duties, occupation or business

Delafield v. Barret

270 N.Y. 43 · New York Court of Appeals · Jan 28, 1936

Barret informed her that his duties constituted investigating new business enterprises in need of financing; that this was the type of securities with which he was most familiar and qualified to advise her. … If further protection for the estate of infants is required, it should not be furnished by the extension of established rules as laid down by the courts but rather by legislative enactment.

Balabanoff v. Hearst Consolidated Publications, Inc.

294 N.Y. 351 · New York Court of Appeals · Jul 19, 1945

Words which standing alone may reasonably be understood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable. … So too, words which alone are innocent may in their context clearly be capable of a defamatory meaning and may be so understood.

In Re the Accounting of First Trust & Deposit Co.

280 N.Y. 155 · New York Court of Appeals · Mar 7, 1939

Arthur Clark, of Baldwinsville, New York, died January 27, 1931, leaving a last will and testament which was duly probated and under which the First Trust and Peposit Company of Syracuse was appointed and thereafter duly qualified … The brother took the place of a chauffeur who had been maintained as part of the establishment of the deceased.

Brigham v. Tillinghast

13 N.Y. 215b · New York Court of Appeals · Dec 15, 1856

.; but in its ordinary sense, especially when used as contra-distinguished from money as it clearly is in the assignment under consideration, it must be understood as meaning notes, bills of exchange, drafts, stocks and other … 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.

Sharkey v. Thurston

268 N.Y. 123 · New York Court of Appeals · Jun 11, 1935

None the less, when the statute' clearly requires the hearing to be held before a designated administrative officer, and no other officer can hold the hearing, then the language of the statute may not be disregarded, nor … We apply these general, well-established principles to the facts in this case. The Mayor, under the charter of the city of Loekport, is the chief executive of the city.

Dubois v. . Baker

30 N.Y. 355 · New York Court of Appeals · Mar 5, 1864

The facts disclosed on the trial would seem clearly to show that Allen was more likely to be a lender of money to the defendant than a borrower from him. … The evidence undeniably established that the signature at the foot of the note was in the proper handwriting of Allen, and it also satisfactorily established that the body of the note was written by the defendant, and in

Pavia v. State Farm Mutual Automobile Insurance

82 N.Y.2d 445 · New York Court of Appeals · Nov 18, 1993

Moreover, there was nothing more in the conduct or inaction of the insurer that would qualify as bad faith under the circumstances of this case. Accordingly, we reverse and dismiss the complaint. I. … Thus, established precedent clearly bars a "bad faith” prosecution for conduct amounting to ordinary negligence (see, Brennan v Mead, 54 NY2d 811 , affg 81 AD2d 821 ; Best Bldg., supra, at 454-456; Roldan v Allstate Ins.

People v. Aarons

2 N.Y.3d 547 · New York Court of Appeals · Jun 8, 2004

Clearly, like the other official decisions enumerated in CPL 190.60, the dismissal of a charge is for the grand jury to decide as part of its deliberations. … Clearly, having reviewed the evidence first presented, the grand jury in effect found that it was not “legally sufficient to establish that [defendant] committed such crime[s] or any other offense[s]” (CPL 190.75 [1] [a])

Matter of Greater Jamaica Development Corporation v. New York City Tax Commission

25 N.Y.3d 614 · New York Court of Appeals · Jul 1, 2015

when first enacted in 1971, and effectively identical to that established by Real Property Tax Law § 420-a (1) (a) to qualify for a mandatory exemption: first, the property must have been owned by a nonprofit corporation … way, no longer qualified for a mandatory exemption.

Toomey v. Farley

2 N.Y.2d 71 · New York Court of Appeals · Oct 19, 1956

The qualified privilege that protects a person in making any fair and honest criticism of the conduct of a public officer or one seeking public office “ extends to a fair and honest statement of actual facts relating to public … And, more recently, it was written that to adopt the view that punitive damages are dependent upon, and must bear relationship to the allowance of actual damages, ‘ ‘ would mean that a defamer gains a measure of immunity

People ex rel. Lauchantin v. Lacoste

37 N.Y. 222 · New York Court of Appeals · Sep 15, 1867

The relators; in order to succeed in this action, must establish, by competent evidence, that, at the election, they, instead of the defendants, were duly elected. The burden is upon them. … The question was clearly improper.

In Re the Estate of Brown

274 N.Y. 10 · New York Court of Appeals · Apr 27, 1937

S. 204, 211, 212 ), that as to intangibles no sufficient reason exists for saying that they are not entitled to enjoy an immunity against taxation at more than one place similar to that accorded to tangibles. … S. 1 ) are clearly distinguishable from the facts in the case at bar.

Belt Painting Corp. v. TIG Insurance

100 N.Y.2d 377 · New York Court of Appeals · Jul 1, 2003

Moreover, to “negate coverage by virtue of an exclusion, an insurer must establish that the exclusion is stated in clear and unmistakable language, is subject to no other reasonable interpretation, and applies in the particular … The first pollution exclusion clause — the “qualified pollution exclusion” — appeared in most CGL policies issued between the early 1970s and 1985.

Sand v. . Church

152 N.Y. 174 · New York Court of Appeals · Mar 2, 1897

While this action is clearly for equitable relief and seeks to redeem the premises from the judgments and defaults suffered by the life tenant, and is not, strictly speaking, in ejectment, yet it is clearly within the spirit … At that time, Quackenbush had no interest in the premises except as a tenant under the life tenant, and when the judgment was entered up, he was not even in that qualified possession of the premises, but had moved away on

People v. Konieczny

2 N.Y.3d 569 · New York Court of Appeals · Jun 10, 2004

the prosecutor to commence a separate criminal action and seek an order of protection in that proceeding protecting Gary M. as a victim, not for the court to short circuit that process by applying CPL 530.13 in a manner clearly … Defendant had numerous opportunities to establish facts supporting the assertion he now raises on appeal, yet he failed to do so.

Fosmire v. Nicoleau

75 N.Y.2d 218 · New York Court of Appeals · Jan 18, 1990

It is not qualified by any interest inherent in the common-law rule itself or by one which the State has legislatively "manifested”. … Current opinion No. 2.21 of the Council on Ethical and Judicial Affairs of the American Medical Association, 1989, states, in part, "unless it is clearly established that the patient is terminally ill or permanently unconscious

People Ex Rel. Chadbourne v. . Voorhis

236 N.Y. 437 · New York Court of Appeals · Oct 16, 1923

The entire section 166 was stricken out and a new section was provided which required proof of ability to read and write English to be established exclusively and conclusively as follows: “ § 166. … The legislature may adopt a reasonable method of ascertaining a qualifying fact, designed to secure uniformity and impartiality.

In re Di Brizzi

303 N.Y. 206 · New York Court of Appeals · Jul 11, 1951

In obedience to the subpoena, petitioner appeared on the date specified therein and was asked to sign a waiver of immunity. … Div. 723 ) — is clearly distinguishable from the case at bar.