Case law

People ex rel. Juarbe v. Board of Inspectors

32 Misc. 584 · New York Supreme Court · Oct 15, 1900

If he thus became a citizen of the United States, he should have *586 been registered, for he clearly possessed all the other prescribed qualifications. … The Constitution of the United States confers the power upon Congress to establish a uniform rule of naturalization.

Soltau v. Loewenthal

1 N.Y.S. 168 · New York Supreme Court · May 18, 1888

The course of dealing, as established and conducted by plaintiff and Smith, was simple enough to be easily understood. … None of the grounds which favored the defendant rested upon uncontroverted evidence clearly establishing it, and therefore the case is not within the exception suggested.

Tompkins v. Sheehan

31 N.Y.S. 225 · New York Supreme Court · Dec 4, 1894

Sheehan on the subject” It clearly appears from this that nothing was ever said by witness to defendant on the subject before the delivery and payment. … It did not create the agency, and did not qualify or limit such agency. He testifies his agency was wholly created at another time.

Warren v. Bouvier

68 Misc. 159 · New York Supreme Court · Jun 15, 1910

Warren’s will (such consent being qualified and conditioned on the part of both the life tenant and the remaining executors) and disposed of by said G. … After referring to several prior decisions of that court, the court continues: “ These cases establish *165 quite clearly the principle that an unauthorized contract, which may be illegal in the sense that it is without authority

Colacicco v. Cicoria

167 Misc. 2d 831 · New York Supreme Court · Jan 4, 1996

Defendant hospital has provided affidavits from those responsible for collecting, maintaining and reporting these records and established that all the sought records fall within the privileged categories of the statutes and … The burden is on the party asserting a privilege to demonstrate that its application in the case before the court would be consistent with the purposes underlying the immunity. (Spectrum Sys. Intl.

Jackson ex dem. Rensselaer v. Whitlock

1 Johns. Cas. 213 · New York Supreme Court · Oct 15, 1799

The estate and interest here spoken of clearly mean not a beneficial or transferable interest. *263 In Willis v. … establishing what was before observed, that his powers extend to such acts only, as shall benefit the estate, and for which he can account.

City of New York v. Wyman

66 Misc. 2d 402 · New York Supreme Court · May 18, 1971

In the instant case, the effect of the directive is clearly to discriminate against the poor in their effort to obtain legal abortions. … Clearly, modifications of the State plan require approval of the Secretary of HEW.

Anderson v. House of the Good Samaritan Hospital

194 Misc. 2d 171 · New York Supreme Court · Dec 5, 2002

Ga-van did not qualify as an examining physician because he was on the staff of the “proprietary facility” to which it was proposed to admit plaintiff. … Clearly, the Jefferson County community services board is a “public entity” as defined under the Public Officers Law.

Lutz v. Krokoff

35 Misc. 3d 841 · New York Supreme Court · Mar 14, 2012

Similarly, in Lanterman (supra), the Court of Appeals determined that because a teacher and counselor lost certain professional certifications explicitly required by statute, they were no longer qualified to hold their positions … Respondent claims that the job specification clearly provides that officers must maintain a valid license in order to be able to perform their job.

Meisels v. Uhr

145 Misc. 2d 571 · New York Supreme Court · Jul 13, 1989

end has clearly been adopted. … This restriction on the parties’ rights is further qualified by a penalty clause, which provides that any resort to a civil tribunal which "may cause a loss to his adversary” and/or that party does not obey the Beth-Din,

Browne v. Horbar

6 Misc. 3d 780 · New York Supreme Court · Nov 17, 2004

The Court explained that the record did not establish that any improper private interviews took place. … To alert the physician that there was no legal requirement to grant the interview, the authorization was to clearly state that it “was not at the request of the patient.” (See, Keshecki v St. Vincent’s Med.

Jefferson v. Kelly

14 Misc. 3d 191 · New York Supreme Court · Oct 17, 2006

Additionally respondents argue that petitioner cannot qualify for the World Trade Center presumption because he did not file the necessary notice of participation. … However, respondents have not clearly established that such a form is available from the Retirement System or that its submission is regularly considered as a condition precedent for the presumption.

De Lorenzo v. Motor Vehicle Accident Indemnification Corp.

59 Misc. 2d 691 · New York Supreme Court · Apr 24, 1969

Section 618 of the Insurance Law, which is a part of the Motor Vehicle Accident Indemnification Corporation Act, provides that the court may permit a qualified applicant (such as petitioner here) to bring an action against … expense of two separate trials, and that the time of this court would be unnecessarily required to be expended in two separate jury trials instead of being conserved, without any prejudice to anyone and consonant with the clearly

People v. Coe

131 Misc. 2d 807 · New York Supreme Court · Apr 14, 1986

Clearly, the nursing notes which are the subject of count two, qualified as " 'business records’ ” as they are maintained to reflect Isabella’s activities with respect to patients. … The omission of the search from the discussion of Gersh’s death clearly makes the note misleading.

Levitt v. Board of Collective Bargaining

140 Misc. 2d 727 · New York Supreme Court · Jun 27, 1988

Often, however, a seemingly fundamental change in management policy is not so clearly an unfettered management prerogative. … in pursuit of a fundamental goal of government and clearly in the public interest.

Assured Guaranty Municipal Corp. v. DB Structured Products, Inc.

33 Misc. 3d 720 · New York Supreme Court · Jul 25, 2011

(b) with respect to Second Lien Revolving Credit Loans . . . was made and signed, prior to the approval of the Revolving Credit Loan application, by a qualified appraiser, duly appointed by [GreenPoint] .... … These *738 allegations, if true, would establish a breach by DBSP and/or ACE of their representations and warranties to Assured.

People v. Torrez

86 Misc. 369 · New York Supreme Court · Mar 16, 1976

To establish the possibility of a dog becoming a dangerous instrument, we need only refer to such cases as People v Sandgren ( 302 NY 331 ) where the Court of Appeals overturned a ruling reversing a judgment of conviction … The foregoing definition names a series of specific weapons and when it uses the general term "weapon”, qualifies and limits it by requiring that it be "loaded” and be something from which "a shot, readily capable of producing

Sidney Glass Works v. A. S. Barnes & Co.

33 N.Y.S. 508 · New York Supreme Court · May 4, 1895

We are disposed to agree with the learned referee in his conclusion that this correspondence was insufficient to establish a contract between the parties. … We think these qualifying words are such as to bring this case within the doctrine of the authorities cited.

Brehm v. Great Western Railway Co.

34 Barb. 256 · New York Supreme Court · Oct 1, 1861

York Rep. 534,) presents the point still more clearly. … And this was clearly right.

County of Westchester v. Rizzardi

46 Misc. 2d 1047 · New York Supreme Court · Jun 4, 1965

. *1050 The substance of the petitioner’s argument is, apparently, that Glen Island Casino qualifies as a public function because there is a public need for it. … Section 211 defines parks and section 212 creates the power in a Commissioner to establish, control and regulate parks and defines park purposes.