Case law

Opinions from 1658 to today.

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  • People v. Novak

    41 Misc. 3d 737 · New York County Courts · Sep 3, 2013

    (See People v Palmer.) … Brown, 67 NY2d 555 , cert denied [479] US [1093], 107 S Ct 1307 ; People v. Hughes, 59 NY2d 523, 537 ; People v. Leone, 25 NY2d 511).” (Id. at 183.)

    Cited 0 timesPublished
  • People v. Paulin

    61 Misc. 2d 289 · New York County Courts · Apr 22, 1968

    People v. … (People v. O’Neill, supra; Johnson v. United States, 333 U. S. 10, 16 ; United States v. Walker, 246 F. 2d 519, 525 ; Lee v. United States; 232 F. 2d 354, 355 ; People v. Brown, 45 Cal. 2d 640, 644 .)

    Cited 2 timesPublished
  • People v. Gould

    41 Misc. 2d 875 · New York County Courts · Jan 22, 1964

    (See People v. Levitas, 40 Misc 2d 331, 335 ; People ex rel. Fleischman v. Zappello, 111 N. Y. S. 2d 317, 318; People v. Canal, N. Y. L. J., March 12, 1963, p. 16, col. 6 [Schweitzer, J.]); and People v. … V.

    Cited 5 timesPublished
  • People v. Fletcher Gravel Co.

    82 Misc. 2d 22 · New York County Courts · May 7, 1975

    (See People v Niosi, 73 Mise 2d 604.) … (See People v Kirk, 62 Misc 2d 1078 ; People v Ingram, 74 Misc 2d 635 ; People v Gold Key Club, 2 Misc 2d 280 and People v Hines, 284 NY 93 .)

    Cited 13 timesPublished
  • People v. Getman

    188 Misc. 2d 809 · New York County Courts · Jul 24, 2001

    (See, People v Vogt, 172 AD2d 864 [2d Dept 1991]; People v Sulkey, 195 AD2d 1026 [4th Dept 1993], lv denied 82 NY2d 759 [1993]; People v Corrado, 161 AD2d 658 [2d Dept 1990]; People v Gellineau, 178 Misc 2d 790 [Sup Ct, Kings … (People v Senisi, 196 AD2d 376, 382 [2d Dept 1994], lv denied sub nom. People v Killane, 84 NY2d 828 [1994].)

    Cited 6 timesPublished
  • People v. Smith

    110 Misc. 2d 118 · New York County Courts · Jul 24, 1981

    He has been consultant to the New York City Medical Examiner, the Kennedy assassination committee, among others, and holds dental school faculty rank, and editorial board positions in several recognized odontological journals … App 3d 385), People v Johnson (8 Ill App 3d 457); in Vermont, State v Howe (136 Vt 53); in Oregon, State v Routh (30 Ore App 901); in Arizona, State v Garrison (120 Ariz 255); in Kansas, State v Peoples (227 Kan 127); in

    Cited 3 timesPublished
  • People v. C. Klinck Packing Co.

    85 Misc. 463 · New York County Courts · May 15, 1914

    In McGatrick v. … In Commonwealth v.

    Cited 0 timesPublished
  • Griffo v. Swartz

    61 Misc. 2d 504 · New York County Courts · Nov 25, 1969

    Finally, in February, 1966, the premises were boarded up by the city to prevent entry by unauthorized persons, but the vandalism and deterioration were unchecked. … (Heiman v. Bishop, 272 N. Y. 83 ; Monaghan v. May, supra; Kurtz v. Ferrante, 243 App. Div. 739 ; Guaranteed Title & Mortgage Co. v. Scheffres, 247 id. 294; Flyer v. Elms Realty Co., Inc., 248 id. 772; Vogel v.

    Cited 12 timesPublished
  • Brooklyn Borough Gas Co. v. Bennett

    154 Misc. 106 · New York County Courts · Jan 9, 1935

    After the lapse of a year, the defendant not appearing to defend, possession became absolute in the claimant. (2 Civil and Admiralty Law [1st Am. ed.], Browne, 397-404.) … In Matter of Furey v.

    Cited 6 timesPublished
  • People v. Benson

    208 Misc. 138 · New York County Courts · Aug 1, 1955

    (People v. Fisher, 14 Wend. 9 , supra; People ex rel. Barron v. Monroe Oyer and Terminer, 20 Wend. 108 , supra; People v. Van Horne, 8 Barb. 158 ; People v. Barry, 4 Parker Cr. Rep. 657 ; People v. Bransby, 32 N. … Indeed in 1909 when the Board of Statutory Consolidation revised the criminal code, it included the provision as section 292-a of the code substituting only the words “ set aside ” for the word “ quashed ”.

    Cited 14 timesPublished
  • People v. Wesley

    140 Misc. 2d 306 · New York County Courts · Jul 15, 1988

    In People v Bailey, the defendant is charged with rape in the first degree; the evidence believed to be relevant is an aborted fetus. … In People v Wesley, the defendant is charged with burglary in the second degree and suspected of murder in the second degree.

    Cited 69 timesPublished
  • Mattice v. Mattice

    81 Misc. 484 · New York County Courts · Jul 15, 1913

    All of these provisions of the Statute are founded upon the notorious fact that barb wire fences are dangerous, and especially so when there is no board or bar on the top. … Rehler v. Western N. Y. & P. R. Co., 8 N. Y. Supp. 286; McCarragher v.

    Cited 0 timesPublished
  • People v. Vitale

    80 Misc. 2d 36 · New York County Courts · Oct 10, 1974

    Altro v. … (Matter of Lapolla v. Board of Educ. of City of N. Y., 195 Misc. 651 , affd. 275 App. Div. 1038 , affd. 301 N. Y. 580 .)

    Cited 4 timesPublished
  • People v. Sterling

    6 Misc. 3d 712 · New York County Courts · Dec 14, 2004

    performed at Mitotyping Technologies, LLC, a private laboratory cited by the People in their answering affirmation as having full accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board … People v Keene, 4 AD3d 536, 536-537 [2004]).

    Cited 2 timesPublished
  • People v. Buffington

    61 Misc. 2d 429 · New York County Courts · Oct 8, 1969

    (People v. Rosenheimer, 209 N. Y. 115, 123 ); or that such negligence goes ‘ ‘ beyond the bounds of lack of skill and foresight where civil liability begins to a point where criminal liability is imposed ” (Brown v. … (People v.

    Reversed on other grounds by People v. Buffington, 35 A.D.2d 1063 (1970)Cited 3 timesPublished
  • People v. Douglas

    21 Misc. 2d 551 · New York County Courts · Nov 2, 1959

    Both v. United States, 354 U. S. 476, 501 . … Giboney v. Empire Storage, 336 U. S. 490, 498 ; Labor Board v. Virginia Power Co., 3Í4 U. S. 469, 477-478. As a people we cannot afford to relax that standard.” .

    Cited 1 timesPublished
  • Howard v. Morrisey

    71 Misc. 267 · New York County Courts · Mar 15, 1911

    Brown v. N. Y. Central Railroad Co., 44 N. Y. 79, 86 ; Bryant v. Ondrak, 87 Hun, 477, 480 . 2. In order to maintain partition, one must have an interest by ownership in fee, but need not have possession. … Shipley v. Moncrief, supra; Suffern v. Townsend, 9 Johns. 35 ; Wright v. Moore, 21 Wend. 229 ; Kellogg v. Kellogg, 6 Barb. 116 ; Dolittle v. Eddy, 7 id. 74; Traphagen v. Traphagen, 40 id. 537; Harris v. Frink, 49 N.

    Cited 0 timesPublished
  • People v. Johnson

    49 Misc. 3d 518 · New York County Courts · Jul 1, 2015

    Fisher testified that he is a licensed and board-certified diagnostic and forensic neuropsychologist. … The law has long been clear that an express or explicit waiver of rights is not required (see North Carolina v Butler, 441 US 369 [1979]; People v Sirno, 76 NY2d 967 [1990]; People v Davis, 55 NY2d 731 [1981]; People v Goncalves

    Cited 0 timesPublished
  • People v. White

    8 Misc. 3d 935 · New York County Courts · Jun 10, 2005

    (See Delaware v Prouse, 440 US 648 [1979]; People v Scott, 63 NY2d 518 [1984].) … Based on its hearings into the crash, the National Transportation Safety Board called for the urgent adoption of uniform guidelines for the operation of Border Patrol checkpoints.

    Cited 2 timesPublished
  • People v. Toms

    191 Misc. 2d 585 · New York County Courts · May 24, 2002

    (People v Brisman, 173 Misc 2d 573 [Sup Ct, NY County 1996].) … The court questioned the logic of distinguishing between in-court and out-of-court hourly rates in light of the substantial value of the out-of-court negotiations involving counsel, and approved a fee at an across-the-board

    Cited 0 timesPublished

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