Case law

Matter of Currier (Woodlawn Cemetery)

300 N.Y. 162 · New York Court of Appeals · Dec 29, 1949

Even more clearly is it evident that mere desire by children for their mother’s disinterment is not sufficient since she had the legal right while living to direct the manner in which her body should be disposed of after … To put it in different words, no court has the power to impair an acknowledged and statutorily established legal right by saying that it is done in the name ¿of discretion.

Caldwell v. . New Jersey Steamboat Co.

47 N.Y. 282 · New York Court of Appeals · Jan 23, 1872

But there are other portions of the charge which clearly confirm the construction above indicated. … And still more clearly is the character of the charge manifested on this subject when the jury came into the court for instructions.

Laidlaw v. . Sage

158 N.Y. 73 · New York Court of Appeals · Jan 10, 1899

Y. 517 ) this court again asserted the doctrine so clearly stated in the Limkhauf ease. In discussing that question in Hudson v. R., W & O. R. R. *97 Co. ( 145 N. … That was clearly the proximate, and we think the only, cause of the plaintiff’s injury.

Turcotte v. Fell

68 N.Y.2d 432 · New York Court of Appeals · Nov 25, 1986

In this case plaintiff testified before trial to facts establishing that horse racing is a dangerous activity. … While a participant’s "consent” to join in a sporting activity is not a waiver of all rules infractions, nonetheless a professional clearly understands the usual incidents of competition resulting from carelessness, particularly

Cover v. Cohen

61 N.Y.2d 261 · New York Court of Appeals · Feb 28, 1984

Its admission was both improper, under the Caprara/ Rainbow rules outlined above, and clearly prejudicial (Tri marco v Klein, 56 NY2d 98,108 ), and constitutes reversible error unless its admission can be justified, notwithstanding … Plaintiffs’ suggestion that it may qualify under the exception for a spontaneous declaration (excited utterance) was not advanced below and the record does not sufficiently establish the time interval between the event and

In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'n

299 N.Y. 177 · New York Court of Appeals · Apr 20, 1949

In view of the clearly expressed agreement by the parties that in the event of their disagreement with respect to the interpretation of their contract an arbitrator shall have no authority to modify its express provisions … To that end and in line with established public policy the Legislature chose penal measures as means to avoid disruption of the public service furnished by a telegraph company.

Burbank v. . Fay

65 N.Y. 57 · New York Court of Appeals · Jan 5, 1875

If the right were put upon that ground, a fatal objection would be that the dedicator has a right to qualify his dedication. … They only allow one public right to qualify another. The case of Elwood v. Bullock is illustrative.

The People v. . Jaehne

103 N.Y. 182 · New York Court of Appeals · Oct 5, 1886

Moreover, it was the evident intention of the legislature to establish by the Penal Code a uniform rule of punishment for crimes of the same grade throughout the State. … The claim that section 725 was intended to apply to and preserve unimpaired all penal provisions in charter acts, is clearly disproved by section 726.

Clemens v. Clemens

37 N.Y. 67 · New York Court of Appeals · Sep 15, 1867

The well-established rule is clearly and well stated by Judge Hogeboom, in Harris v. Harris (ubi supra). … This clearly appears by the report of the case of Boyce v. City of St. Louis ( 29 Barb. 650 ).

People v. O'HARA

96 N.Y.2d 378 · New York Court of Appeals · Jun 14, 2001

What qualifies as a voter’s “residence” in New York, however, is far from crystal clear. … Clearly, under the court’s charge, the jury, in this criminal prosecution, could have returned a guilty verdict on facts indistinguishable from *390 those held sufficient to establish a legal residence in Bressler — a civil

NYS SCH. BDS ASSN v. Sobol

79 N.Y.2d 333 · New York Court of Appeals · Mar 31, 1992

Department regulations which mandate the inclusion of "representatives from religious organizations" on advisory councils in public school development of education and instruction programs to combat the epidemic of Acquired Immune … The Establishment Clause of the First Amendment states that "Congress shall make no law respecting an establishment of religion" (US Const 1st Amend).

People v. Suarez

6 N.Y.3d 202 · New York Court of Appeals · Dec 22, 2005

Thus, in delineating between these types of homicide, the Legislature clearly indicated that the important factors that distinguish these crimes are whether a person acts intentionally with respect to a particular result … A majority of our Court clearly rejected this type of heightened mens rea just three years ago in Sanchez .

People v. . Damron

212 N.Y. 256 · New York Court of Appeals · Jul 14, 1914

The second section provided that the commissioner of jurors in each such county should select from the persons qualified to serve as trial jurors such number of persons qualified to serve as *533 special jurors as the justices … This is clearly designed for the benefit of the defendant.

People v. Sawyer

57 N.Y.2d 12 · New York Court of Appeals · Jul 2, 1982

It is not contended that Bruce Carpenter, the Chief Assistant Public Defender assigned to represent the defendant, is other than an experienced, qualified and highly respected trial attorney. … Having clearly and unequivocally rejected the only attorney to which he was constitutionally entitled, the sole *26 option that remained was for the defendant to represent himself.

People v. Geoghegan

51 N.Y.2d 45 · New York Court of Appeals · Jul 3, 1980

As the court below aptly observed, “[Jones’] statements were properly characterized as declarations against penal interest for they qualified as such under the fourfold test enunciated in People v Settles ( 46 NY2d 154, 167 … A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.”

In re the Graduates

11 Abb. Pr. 301 · New York Court of Appeals · Nov 15, 1860

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

MATTER OF BEACH v. Shanley

62 N.Y.2d 241 · New York Court of Appeals · May 10, 1984

The inescapable conclusion is that the Shield Law provides a broad protection to journalists without any qualifying language. … Clearly, section 79-h of the Civil Rights Law is a "law" and just as clearly by using it to block inquiry concerning whether a public officer violated the Penal Law, that law impairs the constitutional power of the Grand

The People v. . Kerr

27 N.Y. 188 · New York Court of Appeals · Jun 5, 1863

I am clearly of the opinion, that the city corporation has no property in the streets of a character to be protected by the constitutional limitations upon the right of eminent domain. … The effect and object of the act of 1813, in relation to the streets in question, were to establish a public trust for the benefit of the whole people.

Roberts v. New York Elevated Railroad

128 N.Y. 455 · New York Court of Appeals · Oct 20, 1891

Clearly this is not authority for the case at bar. … It was held that the witness had not been shown to be qualified to give such an opinion, and that the question assumed the insufficiency of the opening.

1616 Second Avenue Restaurant, Inc. v. New York State Liquor Authority

75 N.Y.2d 158 · New York Court of Appeals · Jan 11, 1990

In my view, the petitioner has failed to establish that Commissioner Duffy was biased against it but even it be assumed that he was, the evidence fails to establish that the outcome of the case "flowed from” his bias. … Thus, absent petitioner’s claim of bias the charges are immune from attack. It is conceded that decision makers, either in courts or adjudicatory administrative hearings, should be fair and impartial.