Case law

Richards v. Richards

2 Misc. 2d 596 · New York Supreme Court · May 19, 1956

Defendant continued to live in Brooklyn for a short time and then established a residence of sorts in New Jersey in March, 1933. … Eq. 21), that no domicile had been established.

La Farge v. Herter

11 Barb. 159 · New York Supreme Court · Nov 4, 1850

If it had been, the decision would have been clearly wrong, for the manifest reason that the dealing established by the evidence was with the knowledge and assent of the surety, which would take the case out of the rule, … As a general rule, a party to a fraud is estopped from setting it up as a defense ; with this qualifieation, however, that when the plaintiff alledges the fraud, and proves it as a part of his own case, there is no rule of

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

People v. Flack

10 N.Y.S. 475 · New York Supreme Court · Jun 6, 1890

It clearly was a duty imposed upon the court to instruct the jury as to whether the procedure which was confessed to by the defendant Meeks was a perversion of the law. … Under such circumstances the defendants cannot now be heard to claim immunity because of this alleged irregularity. They had their opportunity to object to the sending back of this jury.

Hartstein v. Seidenbach's, Inc.

129 Misc. 687 · New York Supreme Court · Jun 4, 1927

The distinction, however, is clearly pointed out by Judge Cardozo in Tauza v. Susquehanna Coal Co. ( 220 N. … It is perfectly true that it did not have a branch retail establishment in this State.

Hunter v. Hunter

17 Barb. 25 · New York Supreme Court · Jul 5, 1853

That is evident from the punctuation, and results from the well established rule that a general clause following several particulars, with which it is connected by the same punctuation, qualifies the whole. … This disposition of the unpaid purchase moneys is clearly made in the 21st clause of the will.

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.

Hoffman v. Bachman

187 Misc. 799 · New York Supreme Court · Oct 10, 1946

Levy, an inspector of election, to place petitioner’s name upon the list of qualified voters in the district. … That is the established law over the years.

Schieffelin v. City of New York

65 Misc. 609 · New York Supreme Court · Jan 15, 1910

While, technically, this is a suit to prevent waste, under familiar and well-established principles, it must find its foundation in the doing or threatened doing of an illegal act by the public official whose acts are sought … But, in my opinion, the act was clearly constitutional and was a valid exercise of the legislative power.

Malerba v. Warren

108 Misc. 2d 785 · New York Supreme Court · Apr 28, 1981

Clearly, this constitutes at the very least reckless disregard of plaintiffs’ rights giving rise to punitive damages in the afore-stated amount. … This is clearly borne out in the definition of single family dwelling when it states: “No accessory structure having living quarters is permitted.”

Montague v. Curtis

110 Misc. 717 · New York Supreme Court · Jan 15, 1919

It is not the gift which is qualified, but the thing given. … The exceptants refer to two cases which they deem to have established a different rule in -this state. They are both Special Term cases. Shepard v. Shepard, 2 Misc.

Maynicke v. Maynicke

152 Misc. 727 · New York Supreme Court · Jun 24, 1933

It is to be noted that the sixty-day period appears to be short for the acquisition of a residence in Pennsylvania, qualifying Mrs. Maynicke to bring an action for divorce. … As the finding of the jury is so clearly against the weight of the evidence, there would of necessity be a new trial of the action, except for the fact that the evidence in support of defendant’s relevant contention is so

People v. Grimshaw

2 N.Y. Crim. 390 · New York Supreme Court · Sep 15, 1884

If she did, then the case would clearly be ready for the further proof that the man accompanying her was not her husband, and both together would tend very decidedly to establish the defense. … But this exception is clearly of no advantage to the defendant. For if Mrs.

People v. Lorenzo

110 Misc. 2d 410 · New York Supreme Court · Aug 10, 1981

The indictment issued against Evelyn Lorenzo clearly passes muster in light of these requirements. … This decision in no way prohibits the District Attorney from granting the defendant immunity and requiring her to testify truthfully before the Grand Jury.

First National Bank of Highland v. Merchant's Mutual Insurance

89 Misc. 2d 771 · New York Supreme Court · Mar 21, 1977

Therefore, it is logical to equate this transaction with other means of disposition clearly covered by section 9-306. … Defendant cannot qualify as a buyer in the ordinary course of business and, therefore, is not entitled to the protection afforded by section 9-307.

HCI Distribution, Inc. v. New York State Police

36 Misc. 3d 743 · New York Supreme Court · Jun 18, 2012

Indians for their own use and consumption on their nations’ or tribes’ qualified reservation .... … The burden is on the petitioner to establish that the seized products are not taxable. (Tax Law § 471 [1].)

Dallas v. Fosdick

40 How. Pr. 249 · New York Supreme Court · Feb 15, 1869

For in 1856 it was enacted that a school for colored children might be established in any city or town of the state (2 R. S., 5th ed., 129, § 199). … This was clearly and unequivocally aecom plished. In addition to that, this act was intended to confer upon the colored people all the substantial rights of the citizen.

Long Island Savings Bank v. Savage

145 Misc. 2d 731 · New York Supreme Court · Nov 9, 1988

The bank then informed Alice Savage that she would first have to qualify as executrix of Roxanna Edwards’ estate, and obtain a tax waiver from the State Tax Commission after which proceeds of the account would be paid to … "Clearly, there is no ’injustice’ in dismissing the action which the wrongdoing plaintiff has brought to extricate itself from a web of its own making.” (Supra, at 513-516.)

Mix v. Tice

164 Misc. 261 · New York Supreme Court · Aug 3, 1937

The boundaries are described as along the pond; and unless in some manner qualified or restricted they by legal construction had the effect to embrace its bed within their grants. … The well-established rules were again clearly enunciated in White v. Knickerbocker Ice Co. (supra), where the court reiterated the rule expressed by Cowen, J., in Luce v.

People v. Burton

148 Misc. 2d 716 · New York Supreme Court · Aug 17, 1990

Notwithstanding, the statute clearly provides for same (see, CPL 500.10 [17]). The Appellate Division granted Mr. Burton’s petition. … Assessment that reflects a weighted averaging of the equalization rates for all classes of real property. 3 The Real Property Tax Law, however, provides for the creation of "special assessing units”; the City of New York qualifies