Case law

People v. . Cummins

209 N.Y. 283 · New York Court of Appeals · Oct 21, 1913

opening of the district attorney should not be confounded by them with evidence and that the duty of the district attorney in opening the case was simply to state to the jury what he intended to prove for the purpose of establishing … There is no rule of evidence which renders such an expression of opinion on the part of a trial judge admissible to qualify the effect of a previous conviction upon the credibility of a witness.

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.

Tautphoeus v. Harbor & Suburban Building & Savings Ass'n

185 N.Y. 308 · New York Court of Appeals · Jun 5, 1906

The evidence of the defendant, which covers less than two printed pages of the record, not only fails to contradict the facts as established by plaintiff’s witnesses, but is on the contrary confirmatory. … This is clearly an action at law, the trial of which was begun before a justice of the Supreme Court and a jury.

Havens v. Sackett & Havens

1 N.Y. 365 · New York Court of Appeals · Jul 1, 1857

The plaintiff claims the application in his favor, of an established rule of the Courts of Equity, which may be expressed in these terms: One who accepts a benefit under a deed or will must adopt the whole contents of the … The right to dower is a title paramount to that of the husband, and when he devises the land, though without any qualifying words, an exception of the wife’s right to dower is implied. (Adsit v. Adsit, 2 John. Ch.

Sperry v. Crompton Corp.

8 N.Y.3d 204 · New York Court of Appeals · Feb 22, 2007

Consequently, in 1975, the Judicial Conference proposed a new class action statute that was designed “to set up a flexible, functional scheme whereby class actions could qualify without the present undesirable and socially … While these fines are clearly penalties, they are not the types of penalties contemplated by CPLR 901 (b) because they are not recoverable in a private civil action. 5 .

Shindler v. . Houston

1 N.Y. 261 · New York Court of Appeals · Apr 5, 1848

delivery and acceptance should have been regarded as satisfying its requirements, when the memorandum was omitted; but another rule of interpretation which admits of a constructive or symbolical delivery has become too firmly established … On the other hand, where the acts of the buyer are equivocal, and do not lead irresistibly to the conclusion that there has been a transfer and acceptance of the possession, the cases qualify the inference to be drawn from

State Division of Human Rights v. Oneida County Sheriff's Department

70 N.Y.2d 974 · New York Court of Appeals · Feb 4, 1988

Johnson was qualified for the position of correction officer sergeant. … Johnson is entitled to little weight unless well proven (see, City of Schenectady v State Div. of Human Rights, supra, at 429)— and it clearly has not been.

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.

City of Lackawanna v. State Board of Equalization & Assessment

16 N.Y.2d 222 · New York Court of Appeals · Oct 28, 1965

The test is whether it is `movable' machinery and equipment and the *233 proof in the record clearly demonstrates that all of it is movable. … If "movable", and if qualified by corporate use and by dependence on machinery, and if standing as a "structure" or "erection" on its own, either group would fall literally within the statute.

People v. Conyers

49 N.Y.2d 174 · New York Court of Appeals · Jan 8, 1980

Because the majority departs from the precedent established in People v Rothschild ( 35 NY2d 355 ) and does so on the wholly untenable basis that defendant’s silence when arrested was too ambiguous to "materially advance … ruled that impeachment by silence remains permissible in the circumstances of Rothschild (p 181) it also speaks of re-examining Rothschild in the light of later Supreme Court cases (p 179), and its holding, if it does not establish

State of New York v. Rashid

16 N.Y.3d 1 · New York Court of Appeals · Nov 23, 2010

Rather, the Act establishes advisory time frames for each of the early stages in the article 10 process. … The Legislature anticipated these difficulties and devised two safety-valve provisions to prevent a person who may be a dangerous sex offender from being immunized from article 10 review as a result of being released into

SanMiguel v. Grimaldi

2025 NY Slip Op 05780 · New York Court of Appeals · Oct 21, 2025

Footnote 4: Expert testimony is also required to establish a prima facie case of lack of informed consent ( see CPLR 4401-a). … Indeed, when the legislature enacted the scheme, the common law clearly established that purely emotional damages were not generally recoverable in tort actions.

Cohoes Memorial Hospital v. Department of Health

48 N.Y.2d 583 · New York Court of Appeals · Nov 20, 1979

We begin our analysis by noting that at common law a private hospital's actions were immunized from judicial scrutiny inasmuch as physicians served at the pleasure of the hospital. … Clearly, had the Legislature intended the council's determination to have any punitive effect in and of itself, it could easily have given that body the power to impose a sanction directly upon a hospital or to dismiss the

People v. Kunz

300 N.Y. 273 · New York Court of Appeals · Dec 29, 1949

That the socially desirable end of prevention of disorder may not thus be attained by infringement upon the freedom of speech and assemblage is firmly established. (See Hague v. C. I. O., 307 U. … Indeed, those decisions strongly indicate the contrary and, to that extent, would seem to qualify our previous decision in People v. Smith ( 263 N. Y. 255 ).

Roberts v. . Opdyke

40 N.Y. 259 · New York Court of Appeals · Jan 16, 1869

As ordinarily used, in conformity to the established rules of the language, it would relate to what is signified by the antecedent word "more," which, from its own connection or relation to the preceding word "cargo," clearly … The succeeding portion of this particular stipulation very clearly shows this to have been the intention of the charter as to the return cargo.

Boyd v. . Boyd

164 N.Y. 234 · New York Court of Appeals · Oct 2, 1900

They testified to a transaction which the deceased, had he been alive, could have denied or qualified. It was, therefore, a personal transaction, within the meaning of the Code.. (Holcomb v. Holcomb, 95 N. … stated in the complaint is unjust to the defendants and has its origin in improper motives; but if that be so we cannot believe that the rights of the parties will suffer from a full investigation conducted according to the established

Harris v. . Clark

3 N.Y. 93 · New York Court of Appeals · Dec 5, 1849

It is clearly settled that no action at law will lie in favor of the holder of a bill of exchange against the drawee unless he accepts the bill. (2 Story’s Eq. Juris. 1043.) … Smith to give the money in question to his sister—and I come to a conclusion against her right with reluctance—a reluctance qualified, however, by the belief that the clear policy of the law is against the encouragement of

Carpenter v. . Blake

75 N.Y. 12 · New York Court of Appeals · Nov 12, 1878

It should not be overlooked that upon exception being taken to the charge in this respect, the judge qualified and restricted what he had previously said, so as to hold in effect, that the plaintiff could not be misled unless … Clearly not, for the plaintiff had a right to assume that the defendant had performed his work in a skillful manner, and if there was any omission it was occasioned by the fault of the defendant, and not of the plaintiff.

Beck v. . Carter

68 N.Y. 283 · New York Court of Appeals · Jan 30, 1877

Topham has been qualified by subsequent cases which hold that if the excavation is adjacent to the highway, or so near thereto as to make the use of the highway unsafe or dangerous, the person making it will be answerable … Clearly they could not.” In Hounsell v.

Wright v. Knights of the MacCabees of the World

196 N.Y. 391 · New York Court of Appeals · Nov 23, 1909

These cases establish the rule that benefits cannot be reduced, or new conditions forfeiting the benefits added by an amendment of the by-laws, even when the general right to amend is expressly reserved. … It was a vested right, immune from change by amendment, in the absence of a specific reservation of power to amend in that particular.