Case law

People v. Wood

66 N.Y.2d 374 · New York Court of Appeals · Dec 19, 1985

The circumstances of the alleged crime having been established by the defendant’s own admission, as well as physical evidence placing him at the scene of the crime, his trial strategy was to establish a reasonable doubt concerning … It is possible that the court might have dissipated the prejudice by promptly and clearly advising the jury that the comments were improper and must be completely disregarded [citations].

In the Matter of the Application of Henry W. Cooper

22 N.Y. 67 · New York Court of Appeals · Sep 5, 1860

According to this interpretation, which I deem just, the application of the appellant to the Supreme Court was clearly a remedy. … These restrictions have never been judicially defined, but they clearly do not reach the present case.

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

Johnson v. Oppenheim

10 N.Y. 280 · New York Court of Appeals · Dec 16, 1873

The act might have been more clearly expressed; but the provision for surrender is without meaning, unless it qualifies the provision for a discharge of the obligation of the tenant to pay rent. … any improvement upon the adjoining lot which would intercept the light, or otherwise interfere with the reasonable enjoyment of the premises, it was clearly inadmissible within well established rules of evidence.

The Matter of Luis Alvarez v. Anthony J. Annucci

New York Court of Appeals · Mar 22, 2022

Penal Law § 70.45 (3) is similar: “The board of parole shall establish and impose conditions of post-release supervision in the same manner and to the same extent as it may establish and impose conditions in accordance … The plain text interpretation of the law would leave section 259-c (14), as written, fully 7 Notably, SARA’s legislative history does not clearly evince intent to restrict the residency of qualifying individuals released

Stoneman v. Erie Railway Co.

7 N.Y. 429 · New York Court of Appeals · Apr 1, 1873

She clearly had sufficient title in the goods lost to bring the action in her own name under our-Code. They were her “ separate property,” within the mean-* of that statute. (Code, § 114.) … It has become an axiom, that he who alleges error must affirmatively establish it. Ho presumption is indulged to reverse a judgment.

Power v. . Cassidy

79 N.Y. 602 · New York Court of Appeals · Jan 27, 1880

The court wore clearly right in deciding that by the terms of the will there was an equitable conversion of all the testator’s real estate into personalty. … It is, however, qualified and controled by the subsequent words “I give the balance,” which could only mean what remained of the personal after the conversion of the real estate into personalty.

Syracuse Water Co. v. . City of Syracuse

116 N.Y. 167 · New York Court of Appeals · Oct 8, 1889

The franchise granted to the plaintiff embraced all the powers, privileges and immunities within the charter, and constituted a contract between the state and the plaintiff, and in the exercise of the powers so granted the … Although that case was determined by a divided court, and it does not very clearly appear, by the report of it, upon precisely what ground all the members of the majority placed their concurrence in the result, the doctrine

Van Alstyne v. Cook

11 N.Y. 489 · New York Court of Appeals · Dec 15, 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

MTR. OF CLOVE DEV. CORP. v. Frey

63 N.Y.2d 181 · New York Court of Appeals · Oct 16, 1984

Section 480-a, in its structure, clearly distinguishes between and makes discrete provision for the determination of eligibility as privately owned forest land and the granting of a consequent tax exemption — the former being … The section contemplates that before an exemption may be secured there must be, first, the determination that the land in question qualifies as an eligible tract.

Criscolo v. Vagianelis

12 N.Y.3d 92 · New York Court of Appeals · Feb 24, 2009

knowledge, skills and ability were general in nature, consisting of, for example, knowledge of the standards of inmate behavior, and the ability to understand written instructions, guidelines and procedures and to communicate clearly … As a result, many DOCS employees were qualified, with training, to conduct a tier III hearing, including employees holding positions in the civil service titles at issue in this litigation.

Wood v. O'Grady

307 N.Y. 532 · New York Court of Appeals · Oct 22, 1954

These enactments established that “ Employees shall have the right to organize and to bargain collectively through representatives of their own choosing.” (N. Y. Const., art. I, § 17.) … Local 71, Qualified & Misc. Workers, 13 S. L. R. B. No. 116; Irving Subway Grating Co. v. Silverman, N. Y. L. J., Oct. 1, 1953, p. 614, col. 7; Fireproof Products Co. v. Silverman, 32 LRRM 2729 [Sup. Ct., N. Y.

Matter of Ackerman v. Kern

281 N.Y. 87 · New York Court of Appeals · Jul 11, 1939

That it is appropriate is clearly shown by the examination held for such promotion, the questions in which were as set forth in Exhibit ‘ D ’ annexed to this petition.” … There is nothing here to indicate that the social investigator or worker is to qualify merely for one division — the blind division as distinguished from the unemployment division.

Yale v. . Dederer

22 N.Y. 450 · New York Court of Appeals · Dec 5, 1860

If the instrument by which the estate was created, conferred upon the wife either a general or qualified power of disposition, no one ever questioned her rights to execute this power; the doubts which arose, related to her … The distinction which it combats, was clearly untenable.

Kavanaugh v. . Kavanaugh Knitting Co.

226 N.Y. 185 · New York Court of Appeals · Apr 8, 1919

Kavanaugh transferred on *189 February 28, 1918, five shares to the defendant Button, qualifying him for directorship The corporation has been exceedingly prosperous; Charles H. … The allegations, however, clearly support the inference, and the briefs and argument of counsel assume, that the time thus limited had not expired.

The People v. Mark Jurgins

26 N.Y.3d 607 · New York Court of Appeals · Dec 17, 2015

On the merits, the only element of the second felony offender statute at issue is whether the D.C. conviction is the equivalent of a New York felony, a matter which the People bore the burden of establishing (see People v … It clearly stated that his D.C. conviction for attempted robbery constituted "a predicate felony, as defined in [Penal Law § 70.06(1)(b)]."

Hough v. Brown

5 N.Y. 111 · New York Court of Appeals · Jul 1, 1859

The two witnesses called to establish the alleged agreement, were the persons with whom the defendant had the conversation at Buffalo. … Aside from the difficulty already considered, this was only a qualified acceptance, which required a further communication in order to a completion of the contract.

Pratt v. . Stevens

94 N.Y. 387 · New York Court of Appeals · Jan 15, 1884

The mortgages were clearly void as against creditors, and the presumption is that this was known to the debtors. … It is not any the less so because it is qualified.

People Ex Rel. Ryan v. . Green

58 N.Y. 295 · New York Court of Appeals · Sep 22, 1874

The English books do declare that the power to issue the high prerogative writ of mandamus belongs exclusively to the Court of King’s Bench, though some qualify the declaration with the phrase “ in general.” (Black. … But it is clearly shown in those opinions, that physical impossibility is not the incompatibility of the common law, which existing, one office is i'pso facto vacated by accepting another.

O'Donnell v. . City of Syracuse

184 N.Y. 1 · New York Court of Appeals · Feb 6, 1906

By subsequent acts, commissions were appointed and powers were conferred upon the municipal authorities to establish a system of sewerage. … But, clearly, all such measures were discretionary with, and lay in the judicial action of, the authorities. As to the sewers, the situation was different.