Case law

City of NY v. State of NY

86 N.Y.2d 286 · New York Court of Appeals · Jun 15, 1995

Clearly, however, they fail to point to any specific fund in which they are entitled to a proprietary interest. … Who is better qualified, who is more knowledgeable, who is more duty-bound, than the local school boards to raise the question?

People, Ex Rel. Mayor, Etc. v. . McCarthy

102 N.Y. 630 · New York Court of Appeals · Jul 27, 1886

transfers of real estate, in the several counties of the State, with the assessed valuations of the same property and the assumption that the average amount of such prices *637 and valuations as thus compared, conclusively established … His mode of procedure in making the table of prices was to omit therefrom “ such cases as showed a nominal consideration only, and indefinite and clearly inconsistent statements of consideration and assessments, and cases

People v. Peque

22 N.Y.3d 168 · New York Court of Appeals · Nov 19, 2013

The same Judges also reaffirm Ford’s holding that deportation is a collateral consequence of a guilty plea, adding only the qualifier “technically” before “collateral” (id. at 191 n 5, 191-192, 199), but never retreating … But Diaz has already had his 440.10 proceeding (see id. at 179), and failed to establish any prejudice.

People v. Gates

11 N.Y. 387 · New York Court of Appeals · Apr 21, 1874

It is the duty of courts, by the application of established canons, to give the statute a reasonable construction, and one wliv-h will if practicable, carry out the real *390 intent and purpose of the legislature. … This would clearly refer to the two modes of appointment before described by the different officers specified. There are other considerations having a legitimate bearing confirmatory of this construction.

Matter of Quinby v. . Public Service Comm.

223 N.Y. 244 · New York Court of Appeals · Apr 5, 1918

The Constitution does not expressly provide that the municipality may irrevocably establish rates for the entire period of a franchise, and it has been held invariably and in a legion of cases that such power ‘to establish … The Public Service Commissions Law (§26, § 49, subd. 1) and the Railroad Law (§ 181) deal with maximum rates of fare established by statute but make no reference in terms to rates established by agreement with local authorities

Upington v. . Corrigan

151 N.Y. 143 · New York Court of Appeals · Dec 1, 1896

Law, at p. 21) and it was said: “ If, however, the evidence had clearly established a breach of the condition, and a consequent forfeiture of the estate, the plaintiff could not have *153 availed herself of the forfeiture … The condition was one which, in its nature, was so annexed to the conveyance by the deed, as to qualify it. (2 Wash. Real Prop. *p. 455.)

Gould v. . Gould

235 N.Y. 14 · New York Court of Appeals · Jan 30, 1923

proceedings are based upon acts of adultery committed in France and that the said court correctly found that as the wrongs invoked were connected with the sojourn of the married couple in France, the French courts were properly qualified … In providing that the judicial proceedings of foreign jurisdictions, when authenticated as prescribed by it, should be evidence, expressly omitting to declare the effect of such evidence, clearly indicates that it intended

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

99 N.Y.2d 476 · New York Court of Appeals · Apr 1, 2003

the bond — and creditors, such as banks and other financial institutions that lend money to the principal, including loans for the purpose of meeting payroll obligations — clearly not proper claimants. … While Sweet appears to establish a bright-line rule, two more recent cases demonstrate the complexity of its application. In Primo Team, Inc. v Blake Constr.

Hutton v. . Smith

175 N.Y. 375 · New York Court of Appeals · Jun 9, 1903

nor qualified by evidence introduced by defendants. … This evidence under the circumstances adduced had no' materiality except to establish a delivery to her of the certificates after they had been issued in her name by the railroad company; and as it tended to establish such

Alevy v. Downstate Medical Center

39 N.Y.2d 326 · New York Court of Appeals · Apr 8, 1976

Conversely, preferential treatment causes those advanced by such assistance to be held in lower esteem and thought less qualified by those who have advanced without State-sponsored advantages. … We conclude, therefore, as did the courts below, that petitioner did not establish a right to relief and thus the petition should be dismissed.

Jones v. State

51 N.Y.2d 943 · New York Court of Appeals · Oct 23, 1980

While there clearly was precedent for *946 the Appellate Division's ruling, I conclude that that precedent was egregiously wrong and should now be overruled by us. … By itself, therefore, section 10 does not establish a jurisdictional condition precedent.

Clapp v. . Fullerton

34 N.Y. 190 · New York Court of Appeals · Jan 5, 1866

In the present case, the attesting witnesses were not called upon to express their judgment; but others, not qualified to speak as experts, were permitted to testify generally that, in their opinion, the testator was of sound … The court below was right, however, in holding that the error was not fatal, if it be apparent, upon the whole ease, irrespective of the evidence improperly admitted, that the testator was clearly competent, and that the

Matter of Trenasia J.

25 N.Y.3d 1001 · New York Court of Appeals · May 5, 2015

As the father of the three children named in the petitions, Frank J. clearly falls within the statutory definition of a "respondent" for purposes of this child protective proceeding (Family Court Act § 1012 [a] ["'(r)espondent … finding of derivative neglect even if the child who was sexually abused is not the subject of the neglect petition"]; Matter of Kole HH., 61 AD3d 1049, 1052-1053 [3d Dept 2009] [holding that although respondent did not qualify

Van Nostrand v. . Moore

52 N.Y. 12 · New York Court of Appeals · Jan 21, 1873

He says: "Our first duty is to construe the will; and this we must do exactly in the same way as if the rule against perpetuity had never been established, or was repealed when the will was made; not varying the construction … But whether he intended to qualify this by providing that on the death of each child one share should be sold and the proceeds divided as directed in the first part of the will, or that such share with the others should continue

Matter of Lands in the Town of Flatbush

60 N.Y. 398 · New York Court of Appeals · Apr 13, 1875

The provisions for the apportionment of benefits is qualified and limited by the ninth section of the act, which contains a declaration that all the provisions of the acts of 1861, 1864 and 1866, as to the issue, use and … The assessments in question were laid since title to the park had been acquired, the park located, and the improvement permanently established.

Matter of Runk

200 N.Y. 447 · New York Court of Appeals · Jan 27, 1911

The framers of our Code of Civil Procedure clearly recognized that fact. … The theory upon which these cases were decided is clearly stated by the late Mr.

Whelan v. Lynch

15 N.Y. 469 · New York Court of Appeals · Apr 20, 1875

That the charge was erroneous, I think is clearly manifest. … He adds, however, immediately afterward, that superfine is the coarsest; that as to its relative value with other grades he does not know, and that he is not qualified to state the value of different grades from time to time

Dolan v. Mayor of New York

68 N.Y. 274 · New York Court of Appeals · Jan 30, 1877

He thereupon duly qualified and took possession of the office, and held it until the 1st of January, 1873, on which *277 day one Keating, claiming the office by virtue of an appointment made by the justice on the 31st of … title, and the courts will not aid the intruder by permitting him to recover the compensation which rightfully belongs to another. *280 That an officer merely de faeto, has no right to the compensation of the office, also clearly

Oppenheimer v. Westcott

47 N.Y.2d 595 · New York Court of Appeals · Jul 10, 1979

He wished to sell 13,000 shares of its stock, which were unregistered and, therefore, could not be sold unless Oppenheimer qualified for exemption from Securities and Exchange Commission requirements. … The withholding of that information from the court was, therefore, clearly misconduct, if not fraud, warranting vacatur of the judgment.

Sheldon v. . Edwards

35 N.Y. 279 · New York Court of Appeals · Mar 5, 1866

Justice Cowex was properly qualified, still leaving it sufficiently extended to include the case at bar. … Here, quite clearly, the interest of the defendant required that there should -be no merger.