Case law

People v. Valles

62 N.Y.2d 36 · New York Court of Appeals · May 8, 1984

Field’s 1872 charge to a Grand Jury while on circuit (2 Sawyer 667, 670): “if, in the course of your inquiries, you have reason to believe that there is other evidence, not presented to you, within your reach, which would qualify … 121 US 1, 12 ) that the Grand Jury was established to prevent.

Beetson v. . Stoops

186 N.Y. 456 · New York Court of Appeals · Dec 21, 1906

The facts to which the equitable doctrine of election applies are clearly established. … The equitable rule invoked by the defendant has been followed by the courts for centuries, and it is thoroughly established in England and in this country.

People Ex Rel. Hastings v. Hofstadter

258 N.Y. 425 · New York Court of Appeals · Mar 3, 1932

Such confirmation is clearly visible when the course of legislation with reference to this committee is followed through the year. … There is then a grant of authority to give immunity to witnesses who may be compelled to give testimony that would otherwise tend to expose them to punishment for crime.

Cole v. . Fall Brook Coal Co.

159 N.Y. 59 · New York Court of Appeals · Apr 18, 1899

This portion of the charge discloses that the trial judge clearly instructed the jury to disregard the statement which had been made as to the former trial. … This exception raises the question whether the evidence of a properly qualified medical witness, describing the symptoms which would necessarily and ordinarily follow an injury of which the witness had personal knowledge

Grove Hill Realty Co. v. Ferncliff Cemetery Ass'n

7 N.Y.2d 403 · New York Court of Appeals · Mar 3, 1960

It does not qualify this language with the words “ after the deductions ” for maintenance funds and sale expenses as is done in subdivision 1. … To construe the statute as does the majority would in our opinion render it clearly unconstitutional.

Bleiler v. Bodnar

65 N.Y. 65 · New York Court of Appeals · May 2, 1985

Bleiler seeks to hold the hospital liable (a) vicariously for the conduct of Bodnar and Doe, (b) for failure to provide Bleiler with “competent and qualified nurses and emergency room physicians”, (c) for failure to promulgate … A hospital in a general sense is always furnishing medical care to patients, but clearly not every act of negligence toward a patient would be medical malpractice.

Mee v. . Gordon

187 N.Y. 400 · New York Court of Appeals · Feb 26, 1907

We think, therefore, that this second sentence does clearly relate to and modify the effect of the first one in so far as it relates to the interest of John B. … A gift to a person for his benefit means an absolute gift, and excludes the idea of a qualified or limited estate.”

The Matter of Walter E. Carver v. State of New York

26 N.Y.3d 272 · New York Court of Appeals · Nov 19, 2015

Alamo also establishes that the employer's purposes and objectives are not relevant in determining a worker's status as an employee. … - 23 -  - 24 - No. 139 invocation of legal authorities from clearly distinguishable contexts, attempts to limit the impact of the majority's

Anna Aybar v. Jose A. Aybar, Jr

New York Court of Appeals · Oct 7, 2021

Bagdon did not establish a rule that registration (and with it appointment of an agent for service of process) constituted consent to jurisdiction—that rule was long established by our prior precedents and approved by the … Further, when New York courts have found that a plaintiff foreign corporation is “doing business in New York without having qualified pursuant to BCL § 1312,” they have held that the “appropriate remedy was not outright

Jewish Reconstructionist Synagogue of the North Shore, Inc. v. Incorporated Village of Roslyn Harbor

38 N.Y.2d 283 · New York Court of Appeals · Dec 4, 1975

The special status of religious institutions under the First Amendment freedom of religion is clearly the dominant factor. … So phrased, the question is clearly the same one which must always be asked when the exercise of the police power conflicts with the exercise of a First Amendment right.

Pludeman v. NORTHERN LEASING

10 N.Y.3d 486 · New York Court of Appeals · May 6, 2008

Critical to a fraud claim is that a complaint allege the basic facts to establish the elements of the cause of action. … It contains two blanks for signatures of a lessee representative, one of them a clearly labeled personal guaranty. The inside pages contain 24 paragraphs of boilerplate terms.

Kelly v. Merry

262 N.Y. 151 · New York Court of Appeals · Jun 6, 1933

approval or if such action or resolution is subject to a permissive referendum as provided for in this chapter then not until thirty days after its adoption nor until approved by the affirmative vote of a majority of the qualified … The distinction between moral obligation and legal obligation is clearly drawn. (Weston v. State, 262 N. Y. 46 .).

Garner v. Gerrish

63 N.Y.2d 575 · New York Court of Appeals · Nov 27, 1984

The question on this appeal is whether a lease which grants the tenant the right to terminate the agreement at a date of his choice creates a determinable life tenancy on behalf of the tenant or merely establishes a tenancy … The lease also contains a standard reference to the landlord’s right to reentry if the rent is not timely paid, which is qualified by the handwritten statement: “Lou has thirty days grace for payment”. *578 Gerrish moved

Insurance Co. of North America v. Dayton Tool & Die Works, Inc.

57 N.Y.2d 489 · New York Court of Appeals · Dec 8, 1982

Co., 39 NY2d 34 ; Riviello v Waldron, 47 NY2d 297 ) which it held clearly show “that New York courts have traditionally treated contribution and indemnification as separate issues”. … That conclusion, however, was qualified by the fact that the policy in that case had gone into effect in 1970, two years prior to the Dole decision, so that the parties could not be said to have specifically intended to either

Endresz v. Friedberg

24 N.Y.2d 478 · New York Court of Appeals · Apr 17, 1969

For example, a doctor or midwife whose negligent acts in delivering a baby produced the baby’s death would be legally immune from a lawsuit. However, if they badly injured the child they would be exposed to liability. … The majority next contends that the establishment of such an action would create tremendous difficulty in proving causation and damages.

Hoag v. . Hoag

35 N.Y. 469 · New York Court of Appeals · Sep 5, 1866

If the title to the lands in question was not vested in the assignee until he took the oath, then clearly it was not divested out of the insolvent. 2. … While the rule may be recognized with propriety in this ease, it must be applied in such a manner as not to overturn well established principles. In Rosebaum v.

People v. Brown

21 N.Y.3d 739 · New York Court of Appeals · Nov 14, 2013

The evidence clearly established that [Harris] was carrying the weapon at the time he encountered and shot [Lewis]. … All of these defendants clearly possessed the guns they used to commit their crimes well before firing them.

Matter of Ibhawa v. New York State Div. of Human Rights

2024 NY Slip Op 05872 · New York Court of Appeals · Nov 26, 2024

Among these defenses was the assertion that Ibhawa's entire complaint fell within the "ministerial exception" because the Diocese is a religious institution and Ibhawa qualified as a "minister" for purposes of the exception … The Diocese argued that Ibhawa's complaint should be dismissed because its "determination as to who will lead a congregation and teach its faith clearly falls within this [statutory] exception."

New York Ass'n of Convenience Stores v. Urbach

92 N.Y.2d 204 · New York Court of Appeals · Jul 9, 1998

Having concluded that “Indian traders are not wholly immune from state regulation that is reasonably necessary to the assessment or collection of lawful state taxes,” the Court reasoned that New York’s system of collecting … The Tax Department’s specialized treatment of on-reservation cigarette and motor fuel sales is clearly such a policy, since it is predicated on the Department’s sensitivity to both tribal sovereignty issues and the complex

Riker v. . Leo

115 N.Y. 93 · New York Court of Appeals · Jun 4, 1889

Clearly, in the accomplishment of the one purpose is involved the idea of charity, and of the other an educational system. … The gift is not absolute, but is qualified, by imposing upon the taker the performance of certain duties through the means of the income from the fund.