Case law

Cornell v. 360 West 51st Street Realty, LLC

22 N.Y.3d 762 · New York Court of Appeals · Mar 27, 2014

Johanning in this case, was insufficient to establish specific causation. … This is clearly a misreading of Dr. Phillips’s affidavit; he opined quite explicitly to the contrary. .

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.

Lambert v. . Craft

98 N.Y. 342 · New York Court of Appeals · Mar 3, 1885

In the last, that the refusal to pay was so far qualified that it did not amount to a rejection of the claim. Neither applies here. … It clearly was. Not only is service on one of two executors enough (Knapp v. Curtiss, 6 Hill, 388 ), but as we have seen it was here made upon the one appointed to receive it.

People v. Kerr

25 How. Pr. 258 · New York Court of Appeals · Jun 15, 1863

I am clearly of the opinion that the city corporation has no property in the streets of a character to be protected by the constitutional limitations upon the right of eminent domain. … The effect and object of the act of 1813, in relation to the streets in question, were to establish a public trust for the benefit of the whole people.

City of Schenectady v. State Division of Human Rights

37 N.Y.2d 421 · New York Court of Appeals · Jul 8, 1975

Clearly, there was substantial evidence on the record as a whole to sustain the findings of the State Division of Human Rights. … The labor relations contract, to which the city was a party, established the board as part of the method for appointment.

Matter of Wasmund v. Laguardia

287 N.Y. 417 · New York Court of Appeals · Mar 5, 1942

We learn further from the record that there are now established and maintained in the city of New York fifty-four academic high schools. … may not ascribe to the Legislature, in the absence of clear language to that effect, an intent to require that Board to perpetuate a preparatory school — such as Townsend Harris High School — which the Board, for reasons clearly

Fraw Realty Co. v. Natanson

261 N.Y. 396 · New York Court of Appeals · Apr 11, 1933

Clearly the references are to a preexisting relationship of confidence such as that obtaining between husband and wife, father and son, brother and sister, or otherwise. … or instrumentalities, or forms in the conduct of a copartnership or joint business;” that the law never contemplated that persons engaged in business as partners may incorporate “ with intent to obtain the advantages and immunities

Dupuy v. . Wurtz

53 N.Y. 556 · New York Court of Appeals · Nov 11, 1873

necessarily draw their conclusions from all the circumstances of each case, and each case must vary in its circumstances ; and moreover, in one a fact may be of the greatest importance, but in another the same fact may be so qualified … These decrees clearly state the grounds of decision.

Chainani v. Board of Education

87 N.Y.2d 370 · New York Court of Appeals · Nov 1, 1995

as to the school district, holding that the district did not owe a duty to the child because she was not in its custody or control and that the district’s decision to impose "no-cross” rules was a governmental function immune … Serv., ( 51 NY2d 752 ) — raising the same subdivision — the evidence established that the driver knew plaintiff students had to cross the roadway.

Starin v. Town of Genoa

9 N.Y. 439 · New York Court of Appeals · Sep 15, 1861

The power may, therefore, be either general or qualified or special: That conferred in this case was of the latter character. … It is clearly not within its language. Ho money was borrowed, and nothing else was authorized by the terms of the act.

People Ex Rel. Cook v. Board of Police of the Metropolitan Police District

39 N.Y. 506 · New York Court of Appeals · Sep 5, 1868

Absence from the force without leave is clearly neglect of duty. … seeking to maintain some private right, property, or privilege, there might be reason for providing that he should be liable for costs in case of affirmance, but as to the defendant there would still be the same ground of immunity

Mitzner v. Jarcho

44 N.Y. 39 · New York Court of Appeals · Feb 22, 1978

Respondent had worked in the plumbing trade from 1922 until 1968, and he was clearly an intended beneficiary of the trust fund. … On remand, it was established that prior to the 1966 amendment one could qualify for a full pension, having worked for contributing employers for only a very brief period.

In Re the Will of Roe

281 N.Y. 541 · New York Court of Appeals · Nov 28, 1939

Smith Petty were thereupon appointed and qualified and entered upon the discharge of their duties as executors of her estate. … From the language of the will it clearly appears that the testatrix’s paramount and primary purpose was to provide for the needs of her nephew or his family.

Kalisch-Jarcho, Inc. v. City of New York

58 N.Y.2d 377 · New York Court of Appeals · Mar 29, 1983

At this purely procedural juncture, to require a rote refrain of an objection so “clearly made and overruled” would have been superfluous (Kulak v Nationwide Mut. Ins. … More pointedly, an exculpatory clause is unenforceable when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional wrongdoing.

French v. Buffalo, New York & Erie Railroad

4 Keyes 108 · New York Court of Appeals · Sep 15, 1868

It is said that the law will not suffer a man to claim immunity by contract against his own fraud or negligence. In Wells v. Steam Navigation Company, Mr. … It is quite obvious, that, if the case is to be tested by the inquiry whether the plaintiffs established gross negligence, there could bé no reasonable pretense of claim. Miller, J.

In re Estate of Tomeck

8 N.Y.3d 724 · New York Court of Appeals · Jun 28, 2007

In short, absent the spousal refusal, the wife would *733 have been required to spend down $42,084.34 in order for the husband to qualify for Medicaid. … Moreover, although the claim against the estate in this case is clearly “legal process,” the County DSS did not seek the husband’s Social Security benefits in this proceeding.

McLean v. . Cary

88 N.Y. 391 · New York Court of Appeals · Mar 21, 1882

The court had no authority to convert an obligation payable in steam into a moneyed demand payable in cash, with no evidence to establish that it was of any such value. … It was, however, manifestly and clearly erroneous for the court to render a cash judgment on a contract of this description, and we are unable to perceive any ground upon which it can be sustained.

People v. Elmore

277 N.Y. 397 · New York Court of Appeals · Apr 12, 1938

What we are attempting to explain here so that it will appear clearly is that there was a fair issue of fact for the jury; the guilt or innocence of the defendant was for the jurymen to determine; there was evidence in behalf … While there was no evidence of violence used upon the defendant, and there is no claim that he was promised immunity, yet the jury may always consider, in fact must consider, whether the confession has been voluntarily made

The People v. Jorge Espinosa

New York Court of Appeals · Nov 21, 2023

The law on an omitted claim need not be “definitively settled” at the time of trial and the claim need not be “a clear winner” before its omission can qualify as ineffective assistance (Turner, 5 NY3d at 483). … As the Court explained, there is no “category of witnesses, helpful to the prosecution, but somehow immune from confrontation” (id.).