Case law

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.

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.

Wein v. City of New York

80 Misc. 2d 894 · New York Supreme Court · Mar 12, 1975

Under the statute, the SRC is established as a public benefit corporation (§ 2532, subd. … This is particularly pertinent herein where the purpose is so clearly set forth.

Abelove v. Cuomo

57 Misc. 3d 668 · New York Supreme Court · Aug 11, 2017

He cites that Clyne is a key witness as to whether the AG clearly communicated his intent to assume jurisdiction prior to petitioner’s grand jury presentation. 3 Consequently, he seeks a writ of prohibition precluding the … Here, petitioner has failed to establish entitlement to prohibition because there is no pending prosecution and the AG has stated Clyne will not prosecute.

Marriage Encounter, Inc. v. Board of Assessors

75 Misc. 2d 147 · New York Supreme Court · Aug 3, 1973

The petitioner, an organization which qualifies for exemption from real estate taxes pursuant to section 421 of the Real Property Tax Law, acquired the subject property by delivery of a deed dated May 1, 1972. … Clearly, the subject property was entitled to an exemption from real estate taxes on the assessment roll prepared for the succeeding fiscal year, 1973 general taxes and 1972/1973 school taxes.

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.

People v. R.R.

12 Misc. 3d 161 · New York Supreme Court · Dec 22, 2005

them to do so, and by establishing mechanisms of accountability for such practitioners by licensing their practices. … Larino’s report be stricken and that a reexamination of R.R. by a qualified psychiatrist be ordered is denied.

Nassau-Suffolk Hospital Council, Inc. v. Whalen

89 Misc. 2d 304 · New York Supreme Court · Jan 17, 1977

The mere fact that a hospital, licensed and operating in this State, may be qualified to receive Federal Medicare funds by virtue of its JCAH accreditation does not mean that the confidentiality afforded to its JCAH survey … report by virtue of section 1395bb of title 42 of the United States Code creates a similar immunity from disclosure under State law.

People v. Young

155 Misc. 2d 878 · New York Supreme Court · Sep 11, 1992

Independent, undisputed documentary evidence establishes that the crime scene detectives completed their assignment at 16:30 p.m. … Moreover, the People would be in a position to immunize themselves from discovery obligations by withholding the identity of the source, by failing to specify the source or by proclaiming that statements are unattributable

Colton v. Beardsley, Bigelow & Spooner

38 Barb. 29 · New York Supreme Court · Jul 10, 1860

I do not think that this case establishes much, on the point in question, to be decided. In McInstry v. … The proof showed the defendants had been elected, hut had not qualified.

Cartwright v. Canandaigua Gas-Light Co.

39 N.Y. Sup. Ct. 403 · New York Supreme Court · Mar 15, 1884

This act of the defendant clearly amounts to throwing and depositing in the stream the refuse arising from its manufacture of gas. There has been a literal violation of the restraining clause of the statute. … A more doubtful question arises, whether under all the proofs a case has been made out establishing that the defendant has been guilty of violating the meaning and purpose of the statute so as 'to incur the penalty.

Doyle v. Van Pelt

189 Misc. 2d 67 · New York Supreme Court · Aug 20, 2001

In one of those cases, the Court of Appeals expressly distinguished the scenario then at issue from that presented in an automobile collision case, reaffirming its prior holding that, in the latter situation, there is “a clearly … Raymond did not claim to have sustained any other qualifying “serious injury,” and there is no indication, in the court’s opinion, that she had suffered any physical injury to her own person, other than the unspecified trauma

Board of Education of Central School District No. 3 v. County of Westchester

34 Misc. 2d 795 · New York Supreme Court · Jul 5, 1962

The defendant established by several well-qualified witnesses that the site chosen is well situated topographically for a shooting center. … rights of parties are necessarily involved and can be conclusively determined. ’ ’ Injunctive relief is drastic and should not be granted except to prevent serious and irreparable injury and unless the need therefor is clearly

Bullis v. Montgomery

3 Lans. 255 · New York Supreme Court · Oct 15, 1870

Clearly, here was an identity of interest, and a nominal party, the assignee suing for the benefit of a third person, the assignor. … Fraud can rarely, if ever, be proved directly, and is ordinarily established by facts, circumstances and declarations of an indirect character.

Pignatelli v. Pignatelli

169 Misc. 534 · New York Supreme Court · Jan 12, 1938

Each case varies, and what may be of great weight in one may in another be so qualified as to be of little importance. … The following propositions are clearly established by the evidence: (1) The defendant, although a citizen of Italy, was domiciled in New York at the date of his marriage in 1925.

State v. Milk Handlers & Processors Ass'n

52 Misc. 2d 658 · New York Supreme Court · Jan 6, 1967

The complaint, therefore, clearly and adequately alleges facts which, if proven at a trial, establish a plain violation of the provisions of section 340 of the General Business Law, entitling plaintiff to the relief it seeks … It can hardly be supposed that the Legislature intended to give immunity and sanctity to union activities where, as here, they are alleged to be committed u pursuant to and in furtherance ” of an agreement claimed to be unlawful

Sherry v. Fredericks

13 N.Y. St. Rep. 23 · New York Supreme Court · Jan 15, 1888

Briggs recovered a judgment against the-said John Sperry for $170.85, and that in proceedings supplemental to execution instituted thereon, a receiver was appointed of all the property of John Sperry, who duly qualified. … The assignment by the plaintiff before she rested her case was insufficient to vest title in her, as the defendant’s proofs fully establish that at that time the same was in the said receiver.

State v. Richard Z.

55 Misc. 3d 1066 · New York Supreme Court · Mar 9, 2017

It was clearly represented to this court that Richard Z. had been asking CNYPC to consider him since 2011 for Lupron treatments. … Clearly, Dr. Gray began to look at the “motivation” for Richard Z. in making his “informed consent” in that decision. Dr.

Hughes v. Zoning Board of Appeals

166 Misc. 2d 112 · New York Supreme Court · Aug 8, 1995

Section XI establishes the ZBA and empowers that body to interpret the provisions of the ordinance. … Pavlot’s testimony that he will "comply with all the conditions of a home occupation” it properly determined his funeral business qualifies as a customary home occupation.

Maders v. Whallon

26 N.Y.S. 614 · New York Supreme Court · Dec 6, 1893

August, 1889; and that, after the return of such execution, proceedings supplementary to execution were instituted *615 on the judgment, which resulted in the appointment of the plaintiff as receiver, who, as such, duly qualified … In either of these proceedings, however, the burden of establishing fraud rests with the plaintiff.