Case law

Flushing National Bank v. Municipal Assistance Corp.

40 N.Y.2d 731 · New York Court of Appeals · Nov 19, 1976

Just as the parties may not alienate or withdraw the police power from their contracts, likewise, it has been established by repeated decisions that this overriding power of the State, to establish all regulations necessary … An intent to exclude the State from exerting its police power must be clearly manifested (cf. Allen-Bradley Local v Employment Bd., 315 US 740, 749 ; State v Traffic Tel. Workers Federation of N. J., 2 NJ 335 [1949]).

Hurlburt v. . Durant

88 N.Y. 121 · New York Court of Appeals · Feb 28, 1882

Two executors were named, but only one qualified. … The form of the answer in this case, its verification and the denial are clearly in compliance with this provision. Do the affirmative facts stated make the petitioner’s claim of doubtful validity ? First.

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

City of Rochester v. . Campbell

123 N.Y. 405 · New York Court of Appeals · Dec 2, 1890

It is, therefore, essential, in this case, for the plaintiff to establish the original liability of the defendants’ testator for the injuries inflicted, to the party injured, and if it fails to do this, it must necessarily … We have thus seen that the immunity of the lot owner from liability for damages for defects in streets, is founded in reason *416 and justice, and is supported, not only by authority, but by the uniform current of authority

People v. Harnett

16 N.Y.3d 200 · New York Court of Appeals · Feb 10, 2011

The offender’s case is then reviewed by Office of Mental Health (OMH) staff and, if the staff finds further action appropriate, by a three member “case review team” including qualified professionals (Mental Hygiene Law § … The possibility of supervision or confinement under SOMTA is clearly on the collateral side of the line.

Salino v. Cimino

1 N.Y.3d 166 · New York Court of Appeals · Dec 18, 2003

For example, the complaint recites [petitioner’s] private litigation, which was clearly not brought by him in his official capacity.” … The Legislature viewed the provision as a way to encourage qualified applicants to accept employment with the County, without burdening them with legal expenses incurred in defense of allegations of misconduct “in office”

A.H.A. General Construction, Inc. v. New York City Housing Authority

92 N.Y.2d 20 · New York Court of Appeals · Jun 11, 1998

Clearly, there is a dispute over whether certain drawings were part of the original Jennings contract. … Apparently recognizing the problem, respondent now asserts that on prior projects the parties established a practice whereby respondent would perform extra work as directed by the Authority with the expectation that a change

Young v. . Young

80 N.Y. 422 · New York Court of Appeals · Apr 6, 1880

Young, reserving to himself only the interest during his life-time, was so clearly manifested, that we have examined the case with a strong disposition to effectuate that intention and sustain the gift, if possible. … The declarations of the donor that he had given the bonds to his sons, must be understood as referring to the qualified gift which he intended to make.

Corkings v. . the State

99 N.Y. 491 · New York Court of Appeals · Oct 6, 1885

This immunity is justified, not only by the impossibility of enforcing recoveries against the State, but the difficulty of guarding against fraudulent claims and embarrassing stale controversies, and also by the presumption … Yet in view of these facts, the appellant fails to cite any statute or authority showing the jurisdiction of the canal board; if they had no jurisdiction, then clearly .what was done by them, or omitted to be done, was of

JGJ Merchandise Corp. v. City of New York , Ten's Cabaret, Inc. v. City of New York

29 N.Y.3d 340 · New York Court of Appeals · Jun 6, 2017

that any commercial establishment with at least 40 percent of its customer-accessible floor/cellar area or stock-in-trade used for adult purposes qualified as an adult establishment. … In other words, a club featuring topless or nude dancers qualifies as an "adult eating or drinking establishment" no matter the proportion of its space devoted to adult entertainment.

State of Colorado v. . Harbeck

232 N.Y. 71 · New York Court of Appeals · Nov 22, 1921

In February, 1916, an administrator with the will annexed of decedent was appointed and qualified in Colorado and continued to act as such. … These authorities are clearly distinguishable from the case at bar.

CNH Diversified Opportunities Master Account v. Cleveland Unlimited

New York Court of Appeals · Oct 22, 2020

-3-  -4- No. 42 That is, an indenture is a way of establishing equality and stability among … As to qualified indentures, the TIA’s principal innovation was not Section 316(b), but rather the transformation of duty-less, immunized trustees to true fiduciaries, liable to aggrieved bondholders for breaches of that

Uribe v. MERCHS. BANK OF NY

91 N.Y.2d 336 · New York Court of Appeals · Mar 31, 1998

Renters expressly waive every presumption of law that loss shall have occurred through Bank’s negligence, and agree that Bank shall not be liable for any loss sustained by Renters unless the loss was caused by some specific, clearly … It concluded that “the clear qualifying language of the safe deposit box rental agreement, which expressly limited authorized items for deposit ‘only’ and ‘solely to those listed, was unambiguous and unequivocally excluded

Saratoga County Chamber of Commerce, Inc. v. Pataki

100 N.Y.2d 801 · New York Court of Appeals · Jun 12, 2003

Unless Congress provides otherwise, Indian tribes possess sovereign immunity against the judicial processes of states (see e.g. … For cases holding that an Indian tribe’s absence due to sovereign immunity should not result in dismissal, see e.g.

People v. . McQuade

110 N.Y. 284 · New York Court of Appeals · Oct 2, 1888

That if the jury believe that the evidence introduced by the prosecution and relied upon to convict is of doubtful credibility, the previous good character of the defendant, clearly established by uncontradicted evidence, … There is a choice, moreover, as between qualified jurors. Both the prosecution and the defense may reject a qualified juror without assigning cause.

People v. Horton

308 N.Y. 1 · New York Court of Appeals · Dec 2, 1954

: “ Eminent alienists criticise the rule of the Penal Code, because it excludes consideration of the question, whether the accused possessed suEcient power of self-restraint to forbear the commission of an act, which he clearly … "When the witness answered “ no ” and added either a qualifying phrase or sentence, the answer, except for the word “ no was stricken by the Trial Justice upon motion by the District Attorney.

The People v. . McMahon

15 N.Y. 384 · New York Court of Appeals · Jun 5, 1857

That the idea of immunity or privilege does not lie at the basis of this rule of exclusion, is proved by the fact that the evidence is equally inadmissible although the prisoner voluntarily consents to be sworn. … Clearly not. If, then, the main principle which I have endeavored to maintain is correct, it must of course follow, that the evidence in this case, if objected to, should have been excluded.

Rodgers v. . Phillips

40 N.Y. 519 · New York Court of Appeals · Jun 14, 1869

Where the acts of the buyer are equivocal, and do not lead irresistibly to the conclusion that there has been a transfer and acceptance of the possession, the cases qualify the inference to be drawn from them, and hold the … This was clearly insufficient for that purpose *Page 528 because it did not show that the defendants had dealt with the property as their own, but merely that they had attempted to do so and failed.

Johnson v. . Lawrence

95 N.Y. 154 · New York Court of Appeals · Feb 26, 1884

The case establishes the rule, although it may not be beyond criticism as applied to the facts before the court. Drake v. Price ( 5 N. … Ford ( 4 Redf. 45 ) is an example of such a case, and the surrogate there held that the will clearly created a trust in the hands of the executors, distinct and separate from their duties as such.

M. T. Bank v. . F. M. Nat. Bank

60 N.Y. 40 · New York Court of Appeals · Feb 9, 1875

To all intents and purposes the plaintiff's property in the wheat was clearly established and beyond any question. … This embraced every thing necessary to establish a lawful demand and refusal, and the plaintiff was not bound at the time to show evidence of its claim.