Case law

People v. Harris

99 N.Y.2d 202 · New York Court of Appeals · Nov 21, 2002

Albanese was unaware that the confidential informant was cooperating against Harris and although he advised the informant to continue cooperating with the District Attorney’s office — clearly contrary to the interests of … Although a defendant has a statutory right to be “personally present during the trial of an indictment” (CPL 260.20), this right is only a qualified right when the proceedings involved are ancillary, rather than a material

Dillenbeck v. Hess

73 N.Y.2d 278 · New York Court of Appeals · Feb 23, 1989

Physician-patient communications, privileged under CPLR 4504, may therefore be shielded from discovery and when it has been established that the requested information is subject to discovery under CPLR 3121 (a), the burden … The suggestion in the dissent that defendant’s blood alcohol test results may not qualify as a "communication” protected under CPLR 4504 is clearly erroneous and directly contradicted by the case law and expert authorities

Farmers Mech.' Bank of Kent v. . Butchers Drovers' Bk.

14 N.Y. 623 · New York Court of Appeals · Dec 5, 1856

In such a case, I feel no hesitation in reëxamining the question supposed to have been decided in the appellate court; and I am clearly of opinion that the case of The North River Bank v. … It is reasonable to require a party proposing to purchase such securities, to ascertain in the first instance whether the instrument is entitled to the immunities of negotiable paper; and whether the same, if duly issued,

Moskowitz v. Marrow

251 N.Y. 380 · New York Court of Appeals · Jul 11, 1929

Clearly, a notice of revocation of the transfer could not be made by a person other than the transferror. … Self-evidently, the notice provided for was merely one the effect of which should be to withdraw from the bank of deposit the immunity granted by the statute, so that thereafter all payments made by it would be subject to

People v. Ryan

41 N.Y. 634 · New York Court of Appeals · Apr 7, 1977

Accordingly, the proposed Penal Law does extend the definition of larceny to cover such promissory frauds, but concomitantly limits and qualifies this extension in such fashion that the fraudulent character of a defendant … ’s promise or intent must be so clearly evident as to render the existence of that element a moral certainty.”

Paine v. . Upton

87 N.Y. 327 · New York Court of Appeals · Jan 17, 1882

This language clearly implies, that in case of a considerable and_ material discrepancy in quantity, relief could be had, after a conveyance. … The consummation of the transaction in ignorance of the mistake, without laches on the part of the party injured, gives to the other party no immunity, from making recompense, nor does it deprive the court of the power to

Putnam v. Stout

38 N.Y.2d 607 · New York Court of Appeals · Feb 24, 1976

In addition, the record clearly demonstrates that the area around the hole was rutted, cracked and had holes in it, and, further that plaintiff had been to the same store 10 days to 2 weeks prior to the accident and, at that … We turn then to the issue whether control over the premises was established.

Moultrie v. Hunt

9 N.Y. 394 · New York Court of Appeals · Sep 15, 1861

He.said, “ I apprehend that it is now clearly established by a great variety of cases which it is not necessary to go through in detail, that the rule of lawis this: that *404 when a person dies intestate, his personal estate … It is clearly enough implied, perhaps, by the language of this section, that the will, to be proved and established under its provisions, and which is allowed to be executed, as to assets in this State, must be a legal will

The Matter of Aurora Associates LLC v. Raffaello Locatelli

New York Court of Appeals · Feb 15, 2022

My answer, found clearly in the statutory text, is different: By failing to comply with the Loft Law’s conversion requirements, Aurora (and its predecessors) lost the benefits of that law. … Although I disagree with the majority’s decision for the numerous reasons I have articulated, the court has clearly not felt fettered to decide the appeal based on the arguments the parties made in Housing Court.

People of State of New York v. Grega

72 N.Y.2d 489 · New York Court of Appeals · Oct 25, 1988

element of forcible compulsion with respect to each of the charged sexual offenses, County Court in *494 structed the jury on both statutory definitions — that is, the court instructed the jury that forcible compulsion was established … Defendant waived immunity, and testified in the Grand Jury that, as he was driving the 68-year-old woman home to Mount Vernon from Fallsburg in his taxi, she became disoriented and agitated, and in hysterical rage began screaming

New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.

180 N.Y. 280 · New York Court of Appeals · Jan 17, 1905

This the Appellate Division had no authority to do, but should have ordered a new trial to which the defendants were clearly entitled. … There is but one safe rule — to require the actual damages or profits to be established by trustworthy legal proof.”

Wilds v. . Board of Education

227 N.Y. 211 · New York Court of Appeals · Nov 18, 1919

The endeavor in that case was to establish the city's rights to the property irrespective of possession and by reason of the agreement. … This clearly intimated that possession prior to the bankruptcy proceedings would or might have changed the result.

Bookhout v. Levitt

43 N.Y.2d 612 · New York Court of Appeals · Feb 16, 1978

However, as to petitioners Bookhout, *617 Jones and Atwell who retired on December 1, 1974, they did not qualify under the condition of the paragraph, either as originally enacted or as subsequently amended. … The Family Court of the State of New York was established by section 13 of article VI of the State Constitution.

City of Watertown v. State of New York Public Employment Relations Board

95 N.Y.2d 73 · New York Court of Appeals · May 9, 2000

The court stated that “there is nothing in General Municipal Law § 207-c or the relevant case law which requires a municipality to establish a review procedure with respect to determinations made thereunder,” and that to … Because section 207-c does not remove the review procedures from the scope of collective bargaining, bargaining is mandatory if the procedures qualify as a “term and condition” of employment.

Gunnison v. . Bd. of Education

176 N.Y. 11 · New York Court of Appeals · Oct 6, 1903

The complaint avers and the demurrer admits the following facts: (1) That the defendant is a public municipal corporation. (2) That prior to the month of April, 1899, the plaintiff, being a duly licensed and qualified teacher … If the claim was disputed, he could sue the board of education in its corporate capacity and having thus established his claim then procure his draft.

Price v. . County of Erie

221 N.Y. 260 · New York Court of Appeals · Jul 11, 1917

The statutory provision invoked by plaintiff was in an act of congress (Oh. 3592, 34Stat. 596) enacted June 29, 1906, entitled “An act to establish a bureau of emigration and naturalization, and to provide for a uniform rule … In such official capacity alone was he entitled to them or qualified to receive them. (Mulcrevy v. San Francisco, 231 U. S. 669 ; Freeholders of Passaic v. Slater, 85 N. J. L. 621.)

People v. Douglass

60 N.Y.2d 194 · New York Court of Appeals · Nov 1, 1983

In light of the comprehensive scheme established in the CPL for acting upon motions to dismiss and the extensive constitutional protections available, the dismissals ordered by the courts below were clearly unauthorized and … the local criminal court may, upon motion of the defendant, dismiss such instrument or any count thereof upon the ground that: “(a) It is defective, within the meaning of section 170.35; or “(b) The defendant has received immunity

People ex rel. Hanrahan v. Board of Metropolitan Police

12 N.Y. 316 · New York Court of Appeals · Mar 15, 1863

But the relator by his conduct clearly vacated the office, and the Board of Police could lawfully fill his place. … This right to resign is clearly implied by the language of the act. The Board of Police cannot retain a patrolman in office any longer than he desires to retain the office.

Towle v. . Remsen

70 N.Y. 303 · New York Court of Appeals · Sep 18, 1877

When they received the grant they had a right to assume, and it was clearly intended, that they should be seized of an estate. … Clearly, this is not such a transfer as the statute contemplates, and is not within its. provisions or its spirit.

Wynehamer v. . the People

13 N.Y. 378 · New York Court of Appeals · Mar 5, 1856

The mode of expression adopted evinces clearly that a qualification was intended to be annexed. … It would be a futile measure, indeed, to proscribe the domestic and give entire immunity to imported liquor.