Case law

Nelson v. . Odiorne

45 N.Y. 489 · New York Court of Appeals · May 5, 1871

The plaintiff sought to establish a breach of the warranty as to the depth of water at Cow Bay; and, upon this subject, there was conflicting evidence. … It is claimed, however, that the part of the contract, wherein the defendant stipulates to furnish a full cargo, is qualified by the subsequent clause providing that the coal shall be delivered and received on board the vessel

People v. Pavao

59 N.Y.2d 282 · New York Court of Appeals · Jun 16, 1983

The rule in such cases is that other qualified witnesses may be called to testify with respect to the witness’ reputation for untruthfulness. … Finally, defendant assigns as error the fact that the person assigned to interpret the testimony of witness Pelarigo was not qualified to perform the task.

Weber v. New York Central & Hudson River Railroad

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

MATTER OF BUSH v. Salerno

51 N.Y.2d 95 · New York Court of Appeals · Sep 5, 1980

Arney is not qualified to be a candidate for the primary election upon the ground that he has filed an insufficient number of valid signatures to permit him to be on the ballot. … Special Term's findings have been affirmed by an unanimous Appellate Division; and both courts below have determined that appellant Arney has an insufficient number of untainted signatures to qualify him as a candidate in

Crane Neck Ass'n v. New York City/Long Island County Services Group

61 N.Y.2d 154 · New York Court of Appeals · Feb 23, 1984

We found in City of White Plains v Ferraioli ( 34 NY2d 300 , supra) that a group home consisting of a married couple, their two children and 10 foster children qualified as a family for purposes of a zoning ordinance, and … proper establishment of such facilities in the past, at great cost to the litigants.

People ex rel. Sillifant v. Sheriff

6 N.Y.2d 487 · New York Court of Appeals · Jul 8, 1959

In keeping with appropriate statutes pertaining to waiver of immunity by public employees, Sillifant executed such a waiver (New York City Charter, § 903; N. Y. Const., art. I, § 6; Penal Law, § 2446). … On the contrary, *495 the’ choice of language .utilized clearly imports the appearance of’ a. witness .before the Grand .Jury, the swearing in of the witness, and the reception of his oral testimony by that body in response

MATTER OF ORENS v. Novello

99 N.Y.2d 180 · New York Court of Appeals · Nov 14, 2002

Section 230 of the Public Health Law establishes a State Board for Professional Medical Conduct (Board). … To qualify for a physician's license, an individual must hold a degree of doctor of medicine (or doctor of osteopathy) and meet experience and examination requirements established by the Board of Regents ( see Education Law

People ex rel. Bradley v. Stevens

51 How. Pr. 103 · New York Court of Appeals · Sep 15, 1869

On the 18th day of December, 1866, said Bradley took the oath of office, and duly qualified as such president. … If the people can establish as a fact that under laws in existence prior to the adoption of the constitution of 1846, the office in question had been created and established, it will necessarily follow that the judgment should

Viets v. . Union National Bank of Troy

101 N.Y. 563 · New York Court of Appeals · Mar 2, 1886

It clearly did not belong to him, and if this action can be maintained, it must be for the reason that the deposit in his name with the consent of Banker and the making and delivery of the checks under the circumstances stated … A short time after that, the committee, who had been duly appointed and qualified, applied to the defendant as the representative of Banker, to whom alone the money deposited by the plaintiff belonged, and, exhibiting his

Arverne Bay Construction Co. v. Thatcher

278 N.Y. 222 · New York Court of Appeals · May 24, 1938

be “ recognized as taking;” and .unless regulation does clearly go so far the courts may ] not deny force to the regulation. … In such case the ordinance is clearly more than a temporary and reasonable restriction placed upon the land to promote the general welfare.

Town of Waterford v. New York State Department of Environmental Conservation

18 N.Y.3d 652 · New York Court of Appeals · Mar 22, 2012

On remittal, Supreme Court reviewed the pertinent records and concluded that they qualified as inter-agency or intra-agency deliberative material and were properly withheld. … It is the agency’s burden to establish “that ‘the material requested falls squarely within the ambit of one of these statutory exemptions’ ” (Matter of News-day, Inc. v Empire State Dev.

Agate v. . Lowenbein

57 N.Y. 604 · New York Court of Appeals · Sep 5, 1874

It plainly gives only a qualified right to make alterations. The lessee’s will is limited- by the fact that the alterations are to cause no injury to the premises. … Some of the authorities establishing this point will now be referred to. In Packington v.

People v. Two Wheel Corp.

71 N.Y.2d 693 · New York Court of Appeals · Apr 28, 1988

While I agree with the majority that electric generators qualify as consumer goods within the meaning of the price-gouging statute (General Business Law § 396-r), I cannot accept the sweep of its conclusion that the Attorney-General … The statute clearly does not permit such a result; rather it mandates that the Attorney-General establish prima facie evidence on a transaction-by-transaction basis that the statute was violated by a given sale at an "unconscionably

Stanton v. . Miller

58 N.Y. 192 · New York Court of Appeals · Sep 22, 1874

She may have violated the spirit and perhaps the letter of her contract if she in any way qualified the delivery or annexed any condition other than that contemplated by the contract. … This declaration is to be considered in connection with the fact, clearly to be inferred from the evidence, that the deed was delivered upon the paroi understanding between Mrs. Miller and Mr.

Hexamer v. . Webb

101 N.Y. 377 · New York Court of Appeals · Feb 9, 1886

Burford was a mechanic engaged in a particular kind of business which qualified him for the perform *384 anee of the work which he was employed to do. … The other cases cited are clearly distinguishable from the case at bar, and establish no rule adverse to that which is supported, as we have seen, by the authorities in this State.

Roberson v. . Rochester Folding Box Co.

171 N.Y. 538 · New York Court of Appeals · Jun 27, 1902

It is the complement of the right to the immunity of one’s person. The individual has always been entitled to be protected in the exclusive use and enjoyment of that which is his own. … It would be a justifiable exercise of power, whether the principle of interference be rested upon analogy to some *563 established commondaw principle, or whether it is one of natural justice.

People v. Genovese

10 N.Y.2d 478 · New York Court of Appeals · Jan 18, 1962

If they did, then, we would reverse even though the defendant’s guilt is clearly established. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

Amies v. Wesnofske

255 N.Y. 156 · New York Court of Appeals · Jan 6, 1931

The employment of such words as “ when,” “ after,” or “ as soon as,” clearly indicate that a promise is not to be performed except upon a condition. (Williston on Contracts,vol. 2, § 671.) … The question remains whether the condition qualifying the promise, that it should become performable only upon “ the closing of title,” has remained unfulfilled, because of any fault upon the part of the defendants.

Cohen v. . Thomas

209 N.Y. 407 · New York Court of Appeals · Nov 18, 1913

This was a material condition of membership, which qualified the absolute right of each member to continue such. … Although the record of the evidence, upon which the Committee on Admissions acted, in reporting the case, was not before the Governing Committee, it was clearly competent, upon this trial, to refute the assertions that passion

Van Alstyne v. . Cook

25 N.Y. 489 · New York Court of Appeals · Dec 5, 1862

Courts of equity have an established jurisdiction in cases of partnership to dissolve the copartnership, to close its affairs and settle all matters involved in the liquidation of its affairs as among the partners themselves … of May, and admitted notices of an application for the appointment of a receiver for the next day, and that an order for the appointment of such receiver was made on the 16th of May, and said receiver duly appointed and qualified