Case law

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.

French v. Buffalo & Erie Railroad

2 Abb. Ct. App. 196 · New York Court of Appeals · Dec 15, 1868

It is said that the law will not suffer a man to claim immunity by contract against his own fraud or negligence. In Wells v. Steam Navigation Company, Mr. … It is quite obvious that, if the case is to be tested by the inquiry whether the plaintiffs established gross negligence,, there could be no reasonable pretense of claim. Miller, J.

Capital Telephone Co. v. Pattersonville Telephone Co.

56 N.Y.2d 11 · New York Court of Appeals · May 13, 1982

If so, the trial court will, after the issues have been more clearly developed through discovery (see United States v American Tel. & Tel. … But to the extent that that may be so, it is simply a necessary concomitant of the rule that regulatory agency approval of tariffs does not immunize a utility from antitrust liability.

Knapp v. Hughes

19 N.Y.3d 672 · New York Court of Appeals · Oct 18, 2012

It has long been established New York law that a conveyance of land on a pond or stream includes the land under the pond or stream, to the center of the water, unless a contrary intention is made clear. … In Gouverneur , we expressed a similar thought: “The boundaries are described as along the pond; and unless in some manner qualified or restricted they by legal construction had the effect to embrace its bed within their

People v. Silver

33 N.Y.2d 475 · New York Court of Appeals · Mar 27, 1974

Judge Bower felt that the well-established common-law presumption of sanity was sufficient to place the burden on the defendant to establish the defense affirmatively but only by a preponderance of the evidence — on the theory … The language of the Brotherton (p. 162) opinion clearly establishes that the presumption is rationally based on a fact of common experience *481 that most men are sane — ‘ ‘ Sanity being the normal and usual condition of

People v. Casey

95 N.Y.2d 354 · New York Court of Appeals · Nov 21, 2000

That the instrument would have qualified as a misdemeanor complaint did not make it one. … instrument here failed to include any non-hearsay allegation that the Temporary Order of Protection was outstanding and in effect on the December 2 date of the alleged offense, the complainant’s supporting deposition states clearly

Rose v. . Hawley

118 N.Y. 502 · New York Court of Appeals · Feb 25, 1890

The power thus qualified arose from the restriction in the deed. And the effect is the same in that respect, whether such restriction be treated as a covenant or condition subsequent. … The ground upon which may be defeated the title of a grantee, and which will support a claim for forfeiture as for breach of condition subsequent, must be substantial and clearly established. (Chapin v.

Resnick v. County of Ulster

44 N.Y. 279 · New York Court of Appeals · May 2, 1978

( 36 NY2d 951 , affg on opn at 81 Misc 2d 786 ) had rejected a similar reading of section 400 of the County Law, the court thought it sufficient reason to distinguish the cases that Nydick dealt with a county government established … Thus, if the challenges to these local laws were founded on a clearly articulated decision by the State Legislature to intrude upon a domain which county legislatures presumptively control, we might face the more difficult

People Ex Rel. Dady v. Supervisor of Gravesend

154 N.Y. 381 · New York Court of Appeals · Nov 30, 1897

639 of the Laws of 1895, entitled “An act to provide for the payment of the cost of local improvements and bonds issued for the payment thereof in the late town of Gravesend, now the 31st ward of the city of Brooklyn,” established … If, as the court below seems to have held, the act of 1895 compelled the relator to submit his rights to the commissioners-named therein, it would clearly be unconstitutional as impairing the obligation of his contract.

In Re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art

93 N.Y.2d 729 · New York Court of Appeals · Sep 21, 1999

Clearly, a subpoena duces tecum is a process of a court (CPL 610.10 [2], [3]). … In contrast, section 12.03 is clearly more restrictive than the Federal statute.

People v. Sutton

32 N.Y.2d 923 · New York Court of Appeals · Jun 7, 1973

Even a casual reading of the quoted affidavit discloses, without possible doubt, that the reliability of the informer was clearly established. … by a record of convictions would mean that he could never qualify except when his information was supplemented by evidence sufficient to establish probable cause without it".

Smith v. . Scholtz

68 N.Y. 41 · New York Court of Appeals · Jan 16, 1877

It has been very frequently held in this court, that mere insufficiency of findings to establish the facts necessary to sustain the judgment, is no ground of reversal. … Hott clearly had no interest during her lifetime. We have not discussed the question on principle, because we regard it as decided by the previous adjudication of this court.

In re the Estate of Eckart

39 N.Y.2d 493 · New York Court of Appeals · May 4, 1976

But, of course, these considerations only come into play once it is demonstrated that the rule established in Cairo is clearly erroneous; that it substantially disrupts the statutory scheme; and that the adoption of a new … But the statute itself permits the same result if the testator simply creates a gift over to one not qualified to contest.

Arrington v. New York Times Co.

55 N.Y.2d 433 · New York Court of Appeals · Apr 7, 1982

Were the plaintiff to establish the truth of his allegations, the acts in which one or more of these defendants will have been proved to have engaged will, plainly and simply, have included that of a nonconsensual selling … That the sale was to a publisher of news and articles on matters of public interest would not, in and by itself, have clothed these defendants with the publisher’s immunity from the reach of sections 50 and 51.

Uihlein v. . Matthews

172 N.Y. 154 · New York Court of Appeals · Oct 7, 1902

The real situation is clearly disclosed by the findings and the evidence. … While it is the general rule that deeds or other instruments cannot be varied, enlarged or restricted by parol evidence, yet there are many and well-established exceptions thereto.

Trustees of the First Baptist Church v. Brooklyn Fire Insurance

28 N.Y. 153 · New York Court of Appeals · Sep 5, 1863

The parol agreement alleged, had reference, clearly and exclusively, to the previous written contract, and was for the renewal of that contract; and it seems to me to be merely stating it over again, or stating its legal … Known and recognized usages and customs may be proved to explain or qualify what is doubtful or equivocal in a contract, but not to explain an act such as giving notice of its termination.

Channel Master Corp. v. Aluminium Limited Sales, Inc.

4 N.Y.2d 403 · New York Court of Appeals · Jun 25, 1958

It is not inappropriate to say, as we did in the Sabo case (3 N Y 2d, at p. 162), that whether the plaintiff will be able to establish the allegations of its complaint is "necessarily reserved for trial. … When the amended complaint is read as a whole and compared with the original complaint, it is clearly evident that the alleged representations relate to an unknown, uncertain and indefinite future period, not to an existing

Bryan Scurry v. New York City Housing Authority, Estate of Tayshana Murphy v. New York City Housing Authority

New York Court of Appeals · May 23, 2023

Although it concluded that “clearly[,] the door was not functioning properly” at the time of the occurrence, it reasoned that because the attack on Ms. … For instance, as noted above, Supreme Court observed that the lock clearly was not working during the early hours of September 11, 2011.

LaTorre v. Genesee Management, Inc.

90 N.Y.2d 576 · New York Court of Appeals · Oct 21, 1997

Nolechek is therefore plainly distinguishable from the instant action due to the clearly foreseeable nature of a vision-impaired infant’s use of a motorcycle there and the specific allegations in the pleadings detailing the … The weight of the cases, however, has refused to impose liability due to insufficient record evidence establishing the child’s tendencies to engage in vicious conduct which might endanger third parties and the parents’ knowledge

Russian Socialist Federated Soviet Republic v. Cibrario

235 N.Y. 255 · New York Court of Appeals · Mar 6, 1923

In Hyde’s International Law (Yol. 1, sec. 37) is the statement that “ the mode of recognition is not material, provided there be an unequivocal act indicating clearly that the new state is dealt with as such and is deemed … J., says the title to the goods coming into the hands of a purchaser from the Russian government cannot be questioned. “ This immunity follows from recognition as a sovereign state.