Case law

Rubies v. Aqua Club, Inc.

3 N.Y.3d 408 · New York Court of Appeals · Nov 23, 2004

We hold that a brain injury results in "permanent total disability" under section 11 when the evidence establishes that the injured worker is no longer employable in any capacity. Rubeis v Aqua Club, Inc. … Central to the reform was immunity from tort liability for employers who provide workers' compensation coverage by exposing employers to third-party liability "only in cases involving narrowly defined `grave' injuries" (Governor's

Rothschild v. . Schiff

188 N.Y. 327 · New York Court of Appeals · Apr 23, 1907

Again, referring to the provision of the will, it will be observed that the devise and bequest of the remainder, etc., to Fleisch, Schiff and others, or the survivors of them, while absolute in form is qualified by the expression … While he has not, in express terms, stated that the persons named should take as trustees, we think that which follows clearly indicated an intention that they should take, not as tenants in common, but as trustees and joint

Moore v. . Mayor

73 N.Y. 238 · New York Court of Appeals · Apr 9, 1878

But, waiving further discussion of the question of estoppel, which, I think, is established, or of ratification, I am of opinion that the ordinance was a valid ordinance, regularly passed, so as fully to authorize the making … touched might insist upon it as a substantial and fatal defect, for the technical but sound reason that the statute intended for his protection had not been observed, but the corporation cannot take the same ground and claim immunity

Cynthia B. v. New Rochelle Hospital Medical Center

60 N.Y.2d 452 · New York Court of Appeals · Dec 1, 1983

Upon receiving defendants’ request and plaintiff’s authorization, however, New York Hospital refused to release the records directly to plaintiff or anyone other than a “qualified medical doctor.” … It determined that the records were clearly material and relevant to the litigation and necessary to the parties. Plaintiff was found to have waived the physician-patient privilege.

Chenango Bridge Co. v. Binghamton Bridge Co.

26 How. Pr. 297 · New York Court of Appeals · Jan 15, 1864

Assuming at present for this argument that it was the latter, and it was manifestly no unimportant part of the privileges, immunities and advantages of the Delaware company. … Judge McLean, and his reasoning and the judgment of the supreme court of the United States in that case shows that the extent of the rule to be derived from these decisions is, that a right set up under such a grant must clearly

Matter of Koch

257 N.Y. 318 · New York Court of Appeals · Nov 17, 1931

Fair dealing requires that notice shall be given, and that the charges shall be clearly stated (Marsh v. Huron College, 27 Grant, U. C., Ch. 605, 628; Labouchere v. Wharncliffe, L. R., 13 Ch. D. 346; Fisher v. Keane, L. … They did not deny that the facts related in the report or the amoving resolution were true; they did not complain that no witnesses had been called to establish the charges, or demand permission to call witnesses to refute

People v. . Wolter

203 N.Y. 484 · New York Court of Appeals · Dec 12, 1911

This evidence was clearly relevant and material as bearing not only upon motive for the crime of murder but also as tending to show that the killing was done while in the perpetration of another crime. … opinion or impression in reference to the guilt or innocence of the defendant, or a present opinion or impression in reference thereto, is not a sufficient ground of challenge for actual bias, to any person otherwise legally qualified

Devoe v. New York Central & Hudson River Railroad

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

People v. Barboni

21 N.Y.3d 393 · New York Court of Appeals · Jun 11, 2013

The nature of defendant’s assault on the child rendered his course of conduct more clearly depraved than had he only suspected that a third party had *402 injured the child. … The present case is therefore clearly distinguishable from those in which the Court has had occasion to note that “a one-on-one shooting or knifing (or similar killing) can almost never qualify as depraved indifference murder

The People v. Cid C. Franklin

New York Court of Appeals · Apr 25, 2024

Defendant contends that Crawford articulates a “core class” of testimonial statements that are always subject to the Confrontation Clause and thus immune from primary purpose analysis, and that the CJA report here falls … That the report was generated for the court itself indicates it was made with sufficient solemnity to qualify as testimonial (see id.).

People Ex Rel. Town of Pelham v. Village of Pelham

215 N.Y. 374 · New York Court of Appeals · Jun 18, 1915

home rule principle embodied in that constitutional provision and that the local rights of self-government exercised by each of those political subdivisions prior to the adoption of the present Constitution are accorded immunity … The right which was secured to each village to have its village taxes collected by a collector elected by the qualified voters of the village *388 is taken away and the duty of collecting taxes is vested in a receiver of

Monarch Electrical Contracting Corp. v. Roberts

70 N.Y.2d 91 · New York Court of Appeals · Jun 11, 1987

Nor do they dispute that the employees here in question did not qualify for either category. … Although the Legislature clearly intended, in enacting the 1966-1967 amendments, to prohibit the use of sham training programs that were subverting the purpose of the prevailing wage law, it did not likely foresee that bona

Affiliated Distillers Brands Corp. v. State Liquor Authority

24 N.Y.2d 31 · New York Court of Appeals · Feb 20, 1969

which the Authority freely acknowledges it was trying to prevent— namely, the withdrawal by the petitioner of its six-year-old bourbon from the New York market and the offering, at a higher price, of a similarly named but clearly … But, quite plainly, the Legislature did not undertake to control this kind of discrimination, nor —• and this is most important:—■ to establish any standards or criteria for doing so.

Leggett v. Hunter

5 N.Y. 445 · New York Court of Appeals · Jul 1, 1859

Two of the executors neglected to qualify, and never acted as such. … The principle had before been established by the cases cited by Judge Ruggles in his opinion, and also in Niles v. Stevens ( 4 Denio, 399 ), where an executor refused to act, and an executrix duly qualified.

Matter of Wulfsohn v. Burden

241 N.Y. 288 · New York Court of Appeals · Nov 24, 1925

While the appellant has made some question whether this statute authorizes a municipality like the City of Mount Vernon to adopt zoning regulations he does this rather faintly and the statute authorizes such action so clearly … It would not be enough for him to establish for instance that a set-back of 50 feet on a large apartment house such as he proposes to erect is arbitrary and unreasonable, but he must go farther and establish that a set-back

Julian v. American Business Consultants, Inc.

2 N.Y.2d 1 · New York Court of Appeals · Jul 11, 1956

Those who seek public *10 acclaim and support cannot expect immunity from criticism or insist that the public remain uninformed regarding their activities. … Such a rule would establish a privileged class of citizen and would be wholly un-American.

Riggs v. . Pursell

74 N.Y. 370 · New York Court of Appeals · Sep 17, 1878

The re-sale under that order should clearly have been under the same terms of sale as those upon which the first sale was made. … This decision clearly left it open to the appellants, by supplying the proof on this point, to renerv their motion to be discharged from their purchase.

Riley v. County of Broome

95 N.Y.2d 455 · New York Court of Appeals · Nov 21, 2000

The Appellate Division affirmed, holding that since the snowplow qualified as a vehicle “actually engaged in work on a highway” under section 1103 (b), the recklessness standard applied, and the evidence failed to establish … Apt as those concerns may be, the Legislature has spoken clearly, giving vehicles engaged in road work the benefit of the same lesser standard of care as emergency vehicles.

People v. Geraci

85 N.Y.2d 359 · New York Court of Appeals · Mar 28, 1995

Furthermore, Grand Jury testimony is often obtained through grants of immunity, leading questions and reduced attention to the rules of evidence — conditions which tend to impair its reliability (see, e.g., United States … we recognize the need for the use of this less trustworthy class of evidence when necessitated by the defendant’s misconduct, we also believe that such use should be authorized only to the extent that the misconduct is clearly

People v. Alls

83 N.Y.2d 94 · New York Court of Appeals · Dec 21, 1993

Here, there clearly is a reasonable possibility that the defendant’s statement influenced the verdict. … well-considered conclusions of Miranda with reference to warnings to be given to a person held in custody. ” ( 391 US, at 4 ; emphasis added; see also, id., at 4 ; emphasis added ["We reject the contention that tax investigations are immune