Case law

People v. Wicks

11 A.D. 539 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

The evidence very clearly indicates that the appellant in effect assured Mrs. … He was cross-examined upon the subject, and to some extent qualified his evidence given in chief.

Village of Kensington v. Town of North Hempstead

236 A.D. 340 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1932

The court continued (at pp. 387, 388): “ The right which was secured to each village to have its village taxes collected by a collector elected by the qualified voters of the village is taken away and the duty of collecting … Clearly the plaintiff could not agree to something “ within six months ” of its incorporation when it had been incorporated almost four years prior to the time such statute was enacted.

People ex rel. Darling v. Warden of City Prison

154 A.D. 413 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1913

Y. 11Y, 122) the court said: “In construing statutes it is a well-established rule that resort-must be had to the natural signification of the words employed, and if they have a definite meaning which involves no absurdity … Constitution, commonly known as the Bill of Bights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors

People ex rel. Rochester Telephone Co. v. Priest

101 A.D. 223 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1905

They are' undoubtedly the best qualified' to defend those assessments as properly made at the full vallie. … How are they any more qualified to allege and prove such undervaluation than to make the,original assessment? A statute so interpreted would clearly be incongruous and.'inconsistent."

People v. Brensic

119 A.D.2d 281 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 1986

Burke ultimately established an alibi for his whereabouts on April 20, 1979. … In this respect, the case at bar is clearly distinguishable from Tennessee v Street ( 471 US 409 ) upon which the People rely.

Scheider v. American Bridge Co.

78 A.D. 163 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1903

If, therefore, it wound it around without protection, it was clearly a negligent act. … The evidence disclosed that Wright was qualified to speak with respect to the construction, supports and operation of derricks. He had forty years’ experience in this country and in Scotland.

Delgado v. Bretz & Coven, LLP

109 A.D.3d 38 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2013

The court found that plaintiff had failed to establish that she would have succeeded on the appeal but for defendants’ negligence, noting that her deportation to Ecuador was consistent with prevailing law. … Congress did not consider those who reenter the United States in defiance of a prior deportation order to be qualified for § 1255(i)’s amnesty” (id. at 1164-1165, 1167-1168).

People v. Johnson

67 A.D.3d 448 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2009

That defendant did so after assuming a shooter’s stance and taking aim at his fleeing brother—who clearly presented no threat whatsoever to him at that juncture 3 —also justifies the jury’s judgment. … Moreover, the evidence established that “the gun was fired not more than 12-18 inches from [the decedent’s] chest” (id. at 376).

Glennan v. Rochester Trust & Safe Deposit Co.

152 A.D. 316 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1912

It is quite true that authority to an agent is revoked as a general rule by death of the principal; but this doctrine is qualified by the equally well-settled principle, that if the authority be coupled with an interest in … It is a long-established rule of the law merchant that a negotiable instrument imports value and we think that when a check is presented for payment to the bank upon which it is drawn the banker is authorized to rely upon

Simons v. McGuire

145 A.D. 471 · Appellate Division of the Supreme Court of the State of New York · Jun 23, 1911

It is also established that where discretion is lodged in the Legislature by constitutional provision, its exercise will not be overturned by the courts, unless such discretion is so abused as to show, beyond all reasonable … This elastic choice as to appointment, of itself, tends to negative the idea of limiting appointments to those qualified under competitive examination, for, if appointments were so to be limited, the range of appointment

People v. Bradford

300 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 2002

Here, defendant’s purpose for calling Drew was to establish his claim that the drugs did not belong to him. … To the contrary, rather than expressing any bias, she clearly articulated her concern that defendant be treated fairly.

Booth v. Curtis Publishing Co.

15 A.D.2d 343 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1962

In fact, to hold that this area of public name commercialization is to be immunized from the application of the statute not only infringes upon the language thereof but tends to frustrate the very purpose of the statute, … Clearly, the answer would be NO.

People v. Elliott

155 A.D. 486 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1913

The attempt of the defense was to establish by cross-examination that this story was concocted for the purpose of ameliorating the punishment that Errico was to receive, or perhaps to secure for him entire immunity by putting … The appellant makes a point on the admission of that letter, but Errico qualified fully as to knowledge of his handwriting.

Tonnele v. Wetmore

124 A.D. 686 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1908

Such is clearly the conclusion from the reasoning in Downey v. Seib (185 N. Y. 427 ). In Monarque v. Monarque ( 80 N. Y. 320 ) the judgment invoked as a bar was entered upon, consent, and in McArthur v. Scott ( 113 U. … The only qualifying- trustee had died and the trust was without a trastee. The testator left real property apparently affected by the trust.

In re Barlow

141 A.D. 640 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1910

Before proceeding to discuss the facts as they appear, it would be well to clearly state the question that is presented to us. … principles of justice or morality as established the main fact required for his removal.

Scheider v. American Bridge Co.

79 N.Y.S. 634 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1903

If, therefore, it wound it around without protection, it was clearly a negligent act. … The evidence disclosed that Wright was qualified to speak with respect to the construction, supports, and operation of derricks. He had 40 years’ experience in this country and in Scotland.

Rector, Church Wardens & Vestrymen of St. Bartholomew's Church v. Committee to Preserve St. Bartholomew's Church, Inc.

85 A.D.2d 425 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1982

electorate entitled to vote, i.e., depriving them of the opportunity to vote. *434 Indeed, in Bramley v Miller ( 270 NY 307, 313 ) the Court of Appeals specifically noted that “[t]he result of this election [to determine establishment … Clearly, the parties to this action are most vitally interested in the elective process at issue, which interests, by their very nature and conflicting aspect, assure the minimalization of danger to the voting rights of the

Immuno AG v. Moor-Jankowski

145 A.D.2d 114 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 1989

Although opinion enjoys absolute constitutional immunity, statements of a factual sort do not. … Before knowing falsity or reckless disregard for truth can be established, the plaintiff must establish that the statement was, in fact, false.” (Rinaldi v Holt, Rinehart & Winston, 42 NY2d 369, 380 , supra.)

Long Island Rail Road Co. v. Public Service Commission

30 A.D.2d 409 · Appellate Division of the Supreme Court of the State of New York · Jul 22, 1968

It should be noted at the outset that subdivision 5 of section 1266 of the MTA Act gives all MTA subsidiaries the same privileges, immunities and exemptions as MTA itself has. … By 1882 there had been established a Board of Railroad Commissioners with powers of investigation. . In 1890 the first Railroad Law was enacted.

Rosenheimer v. Standard Gas Light Co.

36 A.D. 1 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

Co., supra.) ” The pleadings in the case at bar raise very plainly the issue as to the existence, of a private nuisance, and the verdict of the jury established the affirmative of that issue. … neighborhood, is not reasonable, and is a nuisance qger se, and that corporations authorized by statute to carry on business of a quasi public character are under the same obligations as a private party in this regard, and immunity