Case law

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.

RGH Liquidating Trust v. Deloitte & Touche LLP

17 N.Y.3d 397 · New York Court of Appeals · Jun 23, 2011

The Trust countered that it qualified for the so-called single-entity exemption that SLUSA affords “a corporation, investment company, pension plan, partnership, or other entity . . . not established for the purpose of participating … Judge Rakoff observed that the trustee would “clearly” be an entity treated as one person under SLUSA “if the Trustee were suing on behalf of the Madoff Securities estate . . .

Carol Artibee v. Home Place Corporation

28 N.Y.3d 739 · New York Court of Appeals · Feb 14, 2017

The lack of jurisdiction, which gives the State its "special status" under the statute, is simply a function of sovereign immunity. … In resolving this appeal, we are guided by the established principle that "the statutory text is the clearest indicator of legislative purpose" (Matter of M.B., 6 NY3d 437, 447 [2006]).

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

Drattel v. Toyota Motor Corp.

92 N.Y.2d 35 · New York Court of Appeals · Jun 16, 1998

First, the preemption clause states: “Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, … Notably, Freightliner Corp. v Myrick ( 514 US 280 , supra) seemed to qualify and restrict this dictum.

St. Agnes Cemetery v. State of New York

3 N.Y.2d 37 · New York Court of Appeals · May 23, 1957

Likewise, as the finding of value is supported by substantial evidence, it also is ‘ ‘ immune from further review ’ ’ (Matter of City of New York [Sound View Houses], 307 N. Y. 687, 688 ). … S. 266 ) but actually this court, conscious that business profits are not allowable, adopted the rule that present value of “ clearly to-be-expected future earnings may be considered” (Brooklyn Eastern Dist. Term. v.

In re Jaclyn P.

86 N.Y.2d 875 · New York Court of Appeals · Nov 1, 1995

Appellant contends that the qualifica *879 tians of Layish to give expert corroborative testimony were never established. … The use of these dolls in the determination of sexual abuse is a controversial subject which has been clearly raised in this case and requires this Court’s approval or disapproval after it appropriately weighs the opinions

Suffolk Business Center, Inc. v. Applied Digital Data Systems, Inc.

78 N.Y.2d 383 · New York Court of Appeals · Oct 17, 1991

Whether the construction/repurchase provision in this deed qualifies as a covenant or a condition subsequent is dependent upon the parties' intent. … Examination of the relevant authority, however, establishes that a forfeiture would result if the repurchase provision were specifically enforced.

Hoffman House v. . Foote

172 N.Y. 348 · New York Court of Appeals · Nov 11, 1902

The judgment in this case cannot be sustained without adopting some one of three possible theories incumbent upon the defendant to clearly establish. … The plaintiff, by way of reply to this defense, denied that any such release or discharge was ever made, adding to the broad terms of the denial the following qualifying words, “ if the defendant by said allegation intends

New York Botanical Garden v. Board of Standards & Appeals

91 N.Y.2d 413 · New York Court of Appeals · Apr 2, 1998

Thus, Zoning Resolution § 12-10 sets forth a three-prong test for determining whether a use qualifies as an accessory one: first, it must be conducted on the same zoning lot as the principal use; second, it must be “clearly … In response, Fordham established that it is commonplace for stations affiliated with educational institutions to operate on the scale of WFUV.

UNION COLL. v. Schenectady

91 N.Y.2d 161 · New York Court of Appeals · Dec 18, 1997

The area was established in 1899 and developed as an "ideal residential section" to attract General Electric managers, scientists and others to Schenectady. … In 1978, the City adopted Ordinance No. 78-45, which established an A-2 Single Family Historic District incorporating the Realty Plot.

People v. Young

55 N.Y.2d 419 · New York Court of Appeals · Apr 7, 1982

Pimentel to identify appellant at trial, finding that his observation of appellant immediately before *423 and at the time of the robbery established a sufficient source independent of the illegal showup. 1 At trial the officers … In Crews the court states: “Insofar as respondent challenges his own presence at trial, he cannot claim immunity from prosecution simply because his appearance in court was precipitated by an unlawful arrest * * * The exclusionary

Morrissey v. New York State Employees' Retirement System

298 N.Y. 442 · New York Court of Appeals · Mar 3, 1949

the state of New York for pensions, retirement benefits, emoluments or awards for employees in the state service, their widows or their other dependents, shall apply to members or beneficiaries of the retirement system established … It is always competent for the legislature to speak clearly and without equivocation, and it is safer for the judicial department to follow the plain intent and obvious meaning of an act, rather than to speculate upon what

In re the Estate of Ferrara

7 N.Y.3d 244 · New York Court of Appeals · Jun 29, 2006

While the attorney-in-fact may make gifts to himself if he qualifies as a beneficiary, the statute focuses on the close family members, not on the attorney-in-fact. … Here, Dominick Ferarra clearly did not make gifts to himself for such purposes.

The People v. . Central R.R. Co. of N.J.

42 N.Y. 283 · New York Court of Appeals · Jun 5, 1870

When these commissioners for the two States had thus fixed and established the boundary line between the two States, as fixed and defined in said first and second articles of said treaty, they doubtless clearly saw that their … Most clearly I think it cannot.

People v. Smith

18 N.Y.3d 544 · New York Court of Appeals · Feb 16, 2012

He therefore argued that the People should not be permitted to offer evidence that he declined to take a chemical test in order to establish consciousness of guilt. … submitting to a chemical test of this nature (see People v Shaw, 72 NY2d 1032 [1988]; People v Thomas, 46 NY2d 100, 108 [1978], appeal dismissed 444 US 891 [1979]), subdivision (2) (b) of that statute grants a motorist a qualified

Holmes v. . Jones

121 N.Y. 461 · New York Court of Appeals · Jun 3, 1890

Those rulings were clearly correct and need no further notice. … The judge charged the jury, in substance, that if the defendant failed to establish the justification of the libel set up in the answer, they could determine whether it was set up in good or bad faith, and that if they found

Moore v. . Westervelt

21 N.Y. 103 · New York Court of Appeals · Mar 5, 1860

If evidence on the question of title, it is because it goes to qualify what would otherwise be prima facie evidence of absolute ownership by the master of the vesssel, viz.: the possession. … The verdict was based undoubtedly upon the statement in the bill, and as that was clearly incompetent for that purpose, the judgment cannot be sustained.

People Ex Rel. Alpha Portland Cement Co. v. Knapp

230 N.Y. 48 · New York Court of Appeals · Nov 23, 1920

Laws, chap. 60), as adopted in 1917 and amended in 1918, establishes a new scheme of taxation for manufacturing and mercantile corporations, both foreign and domestic (L. 1917, ch. 726;. … The rule now is that a foreign corporation may not be required to purchase relief from ouster at the price of a surrender of constitutional immunities.

People v. Galak

80 N.Y.2d 715 · New York Court of Appeals · Feb 16, 1993

In the absence of a warrant from a neutral and detached Magistrate, it is an established procedure clearly limiting the conduct of individual officers that assures that the searches are carried out consistently and reasonably … We do not attempt today to set forth rules precisely demarcating what would qualify as timely completion of an inventory search (see, Illinois v Lafayette, 462 US 640, 646 , supra) or when unwritten inventory policies will