Case law

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.

Devoe v. . N.Y.C. H.R.R.R. Co.

174 N.Y. 1 · New York Court of Appeals · Feb 24, 1903

Ordinarily, the managers of railways are much better qualified than jurors to ascertain and weigh the exigencies which call for any rule, and if it should be productive of some inconvenience, to compare that with the evil … Of course, in cases where the facts with reference to the nature and contents of the rule are not clearly established, or are to be determined from controverted facts, the question must be submitted to the jury as to what

Grannan v. . Westchester Racing Assn.

153 N.Y. 449 · New York Court of Appeals · Oct 5, 1897

Such being its purpose, while perhaps it might be answered in the negative, still it clearly falls within the condemnation of the foregoing rules. … On the other hand, a person who frequented such races had only a qualified right to be present.

People v. . McGonegal

136 N.Y. 62 · New York Court of Appeals · Nov 29, 1892

established, and that them existing opinions or impressions will not be an element entering into the formation of the verdict they shall render. … The results of the autopsy, if the medical testimony is worthy of "belief, very clearly established that death was due to peritonitis following a lesion of the wounded parts, and that the certificate of death, signed by the

Paterson v. University of New York

14 N.Y.2d 432 · New York Court of Appeals · Jul 10, 1964

The Board of Examiners denied their applications on the grounds that they were not qualified. … that the regulation and practice of landscape architecture was clearly related to the public health and welfare and, as such, constituted a valid exercise of the police power, thus affording a substantial basis for the declared

People v. Brensic

70 N.Y.2d 9 · New York Court of Appeals · Jun 4, 1987

unreliability when the inculpatory declaration is the result of custodial questioning because, in such circumstances, the declarant is likely to have a "strong motive to falsify” in order to curry favor, shift blame, receive immunity … On appeal, the Appellate Division affirmed the convictions, holding that Littles’ confession was admissible because it was clearly against his penal interest, the redacted statement did not clearly inculpate defendant, and

A & J Buyers, Inc. v. Johnson, Drake & Piper, Inc.

25 N.Y.2d 265 · New York Court of Appeals · Jul 1, 1969

Clearly having furnished materials to JDP, the general contractor for the State, Franjoine would have a valid lien under this section on all moneys due and owing from JDP. That, however, is not the question before us. … only that of a materialman, then respondent and cross-claiming defendants would not qualify as lienors since section 5 does not recognize a materialman’s lien against another materialman.

City of New Rochelle v. Burke

288 N.Y. 406 · New York Court of Appeals · Jul 29, 1942

It seems reasonably clear that to so construe the ordinance would lead to necessary conflict between clearly defined duties, obligations and privileges of the water company and those of the city of New Rochelle and its inhabitants … consumer’s property in the matter of organization and construction where it has prescribed that the installation, alteration and repair of such system must be made according to definitely defined rules and regulations by duly qualified

Matter of Hewitt v. Bates

297 N.Y. 239 · New York Court of Appeals · Mar 18, 1948

The petitioners are qualified teachers engaged in the operation of a private day school for profit under the name of “ Miss Hewitt’s Classes ” for the precollege instruction of young women. … The taxpayer here not only failed to file the return prescribed by the Tax Commission, but the record also clearly establishes that when she filed the income tax returns pursuant to article 16, she .neither intended such

Hernandez v. New York City Health and Hospitals Corp.

78 N.Y.2d 687 · New York Court of Appeals · Dec 23, 1991

It is well established that the courts "do not sit in review of the discretion of the Legislature or determine the expediency, wisdom, or propriety of its action on matters within its powers” (McKinney’s Cons Laws of NY, … CPLR 208 clearly states that where the toll applies "the time [within which the action must be commenced] shall be extended by the period of disability” (emphasis added).

Claim of Bellini v. Great American Indemnity Co.

299 N.Y. 399 · New York Court of Appeals · Jul 19, 1949

The special fund is a third party and cannot qualify. … No such waiver of the .statute or acknowledgment of liability has been established here.

Stanton v. State

26 N.Y.2d 990 · New York Court of Appeals · Apr 23, 1970

The order of the Appellate Division should be reversed and the case remitted to the Court of Claims for an assessment of damages since the claimant clearly sustained her burden of establishing that the State's employee's … Nevertheless, he himself clearly and unmistakably "endangered life or property" by doing so; he clearly and unmistakably did not drive "with due regard for the safety" of claimant's intestate or any of the other vehicles

Hartung v. . the People

22 N.Y. 95 · New York Court of Appeals · Sep 5, 1860

But, if the doctrine was less clearly established by reason and authority, it would be the rule to be applied to this case upon the concession of the statute of 1860 itself. … In seve’ ral of the cases which have been adjudged, and to which reference has been made, the immunity extended to the offender was the result of accident or inadvertence.

The People v. . Mondon

103 N.Y. 211 · New York Court of Appeals · Oct 5, 1886

The rule thus established is founded upon the common-law rule on the subject of confessions, but is much more definite and stringent. … By the section of the Code quoted, the fear which is required to exclude the confession must be a fear produced by threats, and the hope must be based upon the stipulation of the district attorney promising immunity from

People v. Heidgen

22 N.Y.3d 259 · New York Court of Appeals · Nov 21, 2013

Nonetheless, defendant failed to establish that he received ineffective assistance of counsel. … The court refused to qualify the officer as an expert witness, noting that the officer had never been qualified as an expert in any court and did not consider himself an expert in the type of calculations necessary in this

Shields v. Gross

58 N.Y.2d 338 · New York Court of Appeals · Mar 29, 1983

“The right to rescind is a legal right established for the protection of the infant” (Green v Green, supra, at p 556 ). … Secondly, unlike the other kinds of contracts which the Legislature has designated as immune from the minor’s right to disaffirm, it cannot be said that a contract releasing all rights to photographs or even limited rights

Lansdown Entertainment Corp. v. New York City Department of Consumer Affairs

74 N.Y.2d 761 · New York Court of Appeals · Jul 11, 1989

Administrative Code § B32-303.0 clearly does not permit an act which has been prohibited by State law because the local law does not authorize anything between the hours of 4:00 a.m. and 8:00 a.m. — except some peace and … That, however, does not qualify as a legal preemption collision.

Fox v. Mohawk & Hudson River Humane Society

165 N.Y. 517 · New York Court of Appeals · Feb 5, 1901

Under any circumstances, there is but a qualified property in dogs, cats and similar animals, and, in fact, there may be said to be no property in them as against the police power of the state: In Sentell v. … statute, so far as it empowers the defendant to appropriate, harbor and keep dogs without paying any license fee, while every other citizen is obliged to pay such license fee, is the grant of an exclusive privilege and immunity

Voorhis v. . Childs'

17 N.Y. 354 · New York Court of Appeals · Jun 5, 1858

Besides, these English decisions permitting the creditor to proceed in the first instance in equity against the estate of the deceased partner, are in conflict with the established doctrine that parties must first exhaust … If we are right in our reasoning, the complaint is clearly defective in this respect, and the judgment of the Supreme Court should therefore be affirmed.