Case law

Zabriskie v. . Smith

13 N.Y. 322 · New York Court of Appeals · Dec 5, 1855

III., ch. 7, which clearly shows that such a cause of action is separable from the person of the owner.” And Story, J., in Comegys v. … A dilatory defence, which a plea in abatement is considered to be, is not favored; but he who is entitled to avail himself of it must interpose it promptly, according to the established forms.

Read v. . Spaulding

30 N.Y. 630 · New York Court of Appeals · Jun 5, 1864

J. thus clearly defines the rule of law applicable to a case of *642 this kind. … These cases therefore clearly establish the rule that the carrier cannot avail himself of the exception to his liability which the law has created, unless he has been free from negligence or fault himself.

Pennsylvania RR Co. v. State of NY

11 N.Y.2d 504 · New York Court of Appeals · Jul 6, 1962

Our study establishes that the courts below were correct in holding that neither the 1954 legislation nor the plan leading up to it constituted or gave rise to a contract between the State and the plaintiffs. … to certain qualifying railroads ( 191 U.

Belfast & Angelica Plank Road Co. v. Chamberlain

32 N.Y. 651 · New York Court of Appeals · Jun 5, 1865

The tally kept by the toll-keeper, at the defendants' request, determined nothing as to the liabilities of the defendants, *Page 654 and in no sense qualified or limited the claim of the plaintiffs for the tolls. … The conclusions of the referee upon these facts are clearly correct, and the judgment should be affirmed, with costs.

Weber v. . N.Y. Cen. H.R.R.R. Co.

58 N.Y. 451 · New York Court of Appeals · Oct 6, 1874

If negligence of the plaintiff in such action, contributing to the injury, clearly appears from all the circumstances, or is established by uncontroverted evidence, it is the duty of the court to take the case from the jury … But the circumstances of the case, and the negligence there alleged, differed essentially from the case before us, and the judge materially qualified and limited this part of the charge by reference to the circumstances and

People of the State of N.Y. v. . Gates

56 N.Y. 387 · New York Court of Appeals · Apr 21, 1874

It is the duty of courts, by the application of established canons, to give the statute a reasonable construction, and one which will if practicable, carry out the real *Page 390 intent and purpose of the legislature. … This would clearly refer to the two modes of appointment before described by the different officers specified. There are other considerations having a legitimate bearing confirmatory of this construction.

People v. Stanard

42 N.Y.2d 74 · New York Court of Appeals · Jun 9, 1977

The defendant, a New York City police officer at the time, was called as a witness and gave sworn testimony, under a grant of immunity, on two occasions in November, 1968. … Section 210.50 of the Penal Law requires that proof of falsity in a perjury prosecution "may not be established by the uncorroborated testimony of a single witness.”

Hertz Corp. v. City of New York

80 N.Y.2d 565 · New York Court of Appeals · Dec 22, 1992

* (the Hertz Law) which would amend chapter 4 of title 20 of *568 the Administrative Code of the City of New York to provide that ”[n]o rental vehicle company shall refuse to rent a motor vehicle to any person otherwise qualified … of that industry. *569 It is well settled that "[a] local law may be ruled invalid as inconsistent with State law not only where an express conflict exists between the State and local laws, but also where the State has clearly

People v. Nieves

67 N.Y.2d 125 · New York Court of Appeals · Mar 25, 1986

The evidence at trial establishing his guilt consisted almost entirely of statements made by the victim of a stabbing shortly before she died. … The record does not conclusively demonstrate that Miss Gonzalez’s statements were excited utterances, and clearly the argument could have been countered by the defendant had the People raised it before the trial court.

Perry v. . Lorillard Fire Insurance Co.

61 N.Y. 214 · New York Court of Appeals · Sep 5, 1874

The act of Congress entitled “ An act to establish a uniform system of bankruptcy throughout the United States,” approved March 2, 1867 (U. S. … Statutes at Large, vol. 14, p. 517), by section 14 thereof, declares that as soon as an assignee in bankruptcy is appointed and has qualified, the judge of the court of bankruptcy, or, where there is no opposing interest,

MTR. OF SCHACHNER v. Perales

85 N.Y.2d 316 · New York Court of Appeals · Mar 28, 1995

Congress clearly took into account that such situations exist, and made provision for them. … Each State is permitted to establish a minimum monthly needs allowance that is equal to or exceeds the minimum set by Congress.

People Ex Rel. Egan v. Justices of the Marine Court

81 N.Y. 500 · New York Court of Appeals · Sep 21, 1880

Reading them in connection, the rule they established clearly was that an action could not be brought in the Marine Court "against an executor or administrator as such; but that if after having acquired jurisdiction in an … But in the new Code as in the old, this apparently positive prohibition is qualified by applying to the Marine Court the provision that an action shall not abate by any event if the cause of action survives, but that in case

Tisdell v. . New Hampshire Fire Ins. Co.

155 N.Y. 163 · New York Court of Appeals · Mar 1, 1898

the rule that if the language of a statute or contract, read in the order of its clauses, presents no ambiguity, courts will not attempt, through transposition of clauses or ingenious argument as to the general intent, to qualify … clause of the present policy was prepared, and it does not seem to be an intemperate use of the imagination to draw the inference that it was prepared in view of the decisions to which I have referred, and to meet them by establishing

New York Central Railroad v. Lefkowitz

23 N.Y.2d 1 · New York Court of Appeals · Oct 10, 1968

But they say that their operational rules and uniform practice in present-day, over-the-road freight operation is to place a qualified helper, a “ front-end brakeman ” in the engine. … The court observed that the dangers sought to be avoided when the statute was enacted have not “ lessened to such an extent that the minimum crew requirements are now clearly unreasonable and arbitrary ’ ’.

Matter of Tierney v. Cohen

268 N.Y. 464 · New York Court of Appeals · Oct 22, 1935

included within the proposition submitted to the qualified voters of the municipal corporation in the mandatory referendum specified in this article. … The local law assumed to be authorized by the enabling act attempts to establish an “ authority or agency; ” to establish, construct and operate an electric fighting plant with a capacity of 140,000 K.

Stefanik v. Hochul

2024 NY Slip Op 04236 · New York Court of Appeals · Aug 20, 2024

Initially, nothing in the Constitution's text clearly establishes an in-person voting requirement. … Second, the 1919 amendment empowered the legislature to establish absentee voting for "qualified voters" who were "unavoidably absent from the state or county of their residence because they [we]re inmates of a soldiers'

Joseph Gordon, Inc. v. Massachusetts Bonding & Insurance

229 N.Y. 424 · New York Court of Appeals · Jul 7, 1920

Although defendant by the written policy was clearly, as has been assumed, protected against liability for damages imposed upon the insured under such circumstances, nevertheless, it has been held by the learned Appellate … consideration of the alleged waiver which the Appellate Division has discussed in its opinion it seems desirable to consider *428 very briefly another reason now urged in behalf of plaintiff for defeating defendant’s claim to immunity

United Glass Co. v. . Vary

152 N.Y. 121 · New York Court of Appeals · Mar 2, 1897

If in such an action the plaintiff failed to establish his claim and judgment should go against him, it would end any claim against the stockholders. … We think the courts should not extend the exception *128 beyond its present limits, unless, in possibly a new case, clearly within the principle of the decisions already made.

Day v. . N.Y.C.R.R. Co.

51 N.Y. 583 · New York Court of Appeals · Mar 5, 1873

Hence we must assume, for the purposes of the appeal, that the parol agreement, as testified to by the plaintiff, was established. … Clearly not. The very basis upon which the action rests forbids it. As said by Lord MANSFIELD, in Moses v.

Walker Memorial Baptist Church, Inc. v. Saunders

285 N.Y. 462 · New York Court of Appeals · May 29, 1941

Although it was testified that there is no central governing body in the Baptist denomination, the alliances of Baptist churches being merely for the establishment of publishing houses for the dissemination of religious printed … This distinction between the church as a religious society and the church as a religious corporation has long been recognized and clearly formulated by the previous decisions of this court. (Petty v. Tooker, 21 N.