Case law

Rosenblum v. New York State Workers' Compensation Board

190 Misc. 2d 588 · New York Supreme Court · Feb 8, 2002

Rosenblum has been certified by the WCB continuously since 1966, as a specialist in neurology qualified to render treatment to injured employees, under the Workers’ Compensation Law. … But as the court in Riddett clearly pointed out, it applied a grandfather concession because the statute clearly suggested it.

Flushing National Bank v. Municipal Assistance Corp.

84 Misc. 2d 976 · New York Supreme Court · Dec 23, 1975

State 'to safeguard the vital interests of its people,’ * * * is not to be gainsaid by abstracting one such arrangement from its public context and treating it as though it were an isolated private contract constitutionally immune … In none of the cases are the facts exactly the same but the language of the highest courts in deciding the cases clearly evokes the principles relied upon.

Y.Y.B. v. Rachminov

48 Misc. 3d 1055 · New York Supreme Court · Jun 9, 2015

Therefore, while a circumcision performed by a physician would be the practice of medicine, a circumcision performed as a religious ritual by a qualified person (a “mohel” in this case) does not constitute the practice of … Because religious organizations do not enjoy absolute immunity from tort liability, it is not unprecedented to subject members of the clergy to liability for negligence, including standards of professional care and fiduciary

Klein v. Conciliation & Appeals Board

64 Misc. 2d 329 · New York Supreme Court · Oct 5, 1970

YY; added by Local Laws, 1969, No. 16 of City of New York) which established a rent formula for renewal leases and new leases of vacant apartments, using the May 31, 1968 rent as the base rent. … Whatever the motives of landlords and tenants who entered into vacancy leases between June 1, 1968 and the date of acceptance of the code by HDA, BSL clearly limits rent increases for such accommodations, during that period

Yankelevitz v. Royal Globe Insurance

107 Misc. 2d 636 · New York Supreme Court · Jan 23, 1981

Again there are no words excluding a spouse as an innocent victim or barring a spouse from qualifying as an innocent victim. … Each must be so far qualified and limited by each other as that all may have operation in harmony, if so it may be. And each must be kept in subservience to the general intent of the whole enactment.”

Mundy v. Pritchard

22 Misc. 22 · New York Supreme Court · Dec 15, 1897

It is'not necessary, however, for-the purpose of deciding this case to establish, this fact. … There is some effort on the part of the plaintiff to- establish the theory that Robert K.

In re Patrick L.

52 Misc. 3d 753 · New York Supreme Court · May 18, 2016

As distinguished from its holding in Shannon S., the Court of Appeals held that Donald DD.’s diagnosis of ASPD, by itself, was insufficient to establish a “condition, disease or disorder that affects the emotional, cognitive … Based upon petitioner’s criminal history, together with his failure to meaningfully engage in sex offender treatment and his lack of impulse control (as diagnosed by both experts presented), petitioner clearly fulfills the

Seely v. Kaplan

24 Misc. 2d 381 · New York Supreme Court · Sep 9, 1960

Section 301 of the County Law (subd. 5, par. c) clearly authorizes Boards of Supervisors to adopt local laws with respect to the establishment of departments and the prescription of powers and duties thereof. … In this case, the Highway Department of the County of Orange is a substantial department of county government and certainly qualifies as an administrative division of the government of the county.

Jackson v. New York Central Railroad

2 Thomp. & Cook 653 · New York Supreme Court · Mar 15, 1874

Two hypothetical questions founded upon facts assumed to have been established by the evidence were asked by plaintiff’s counsel of legal gentlemen to prove by their opinion the value of'Mr. … Paige’s services, was clearly proper.

King v. City of Buffalo

10 N.Y.S. 564 · New York Supreme Court · Jun 20, 1890

We think it was clearly violated in the attempted appointment of Healy, and that such appointment was wholly void. … In its answer in this action the defendant avers that Healy claims'to have been duly appointed gas inspector for the year 1883, and to have qualified and discharged the duties of the office, and that, in the year 1884, he

O'Donnell v. Morrissey

151 Misc. 315 · New York Supreme Court · May 1, 1934

Article 33-A establishes a board of education in each city of the State and determines the eligibility of the members., the term of office, the manner in which they are to be chosen and makes provision for the filling of … It was clearly the intent of the Legislature to place the public school system of this State under the control of the Department of Education and to prevent it being used as a political football.

In re the Arbitration between Manitt Construction Corp. & J. S. Plumbing & Heating Corp.

50 Misc. 2d 502 · New York Supreme Court · May 25, 1966

Not being entitled to statutory immunity, the respondents, by filing a mechanic’s lien, put themselves in the same position as the respondents in the Young case (supra) and they are therefore not in a position to proceed … respondents had served notice of their intention to arbitrate and had thereafter, in light of circumstances then existing, filed a notice of mechanic’s lien, the Askovitz case might be applicable but, as the court there clearly

Minnesota Mining & Manufacturing Co. v. Technical Tape Corp.

23 Misc. 2d 671 · New York Supreme Court · Sep 11, 1959

. *674 The defendant, Beyer, who was a trained and qualified chemist while working at plaintiff’s tape laboratory in St. … The evidence in this case clearly establishes that in seeking to perfect the masking tape which the defendant, Technical Tape, was manufacturing, and in seeking to produce and place upon the market a good quality . of cellophane

In re Merkel, Inc. Monarch Marking System Co.

45 Misc. 2d 753 · New York Supreme Court · Mar 10, 1965

The movant further contends that if the original right of the lessor for a return of its chattels from the assignee is recognized and it is established that the new Uniform Commercial Code affirmatively states that such right … Obviously, the rights of the moving party in the unperfected security interest herein involved are clearly subordinate to the rights of the assignee who has intervened to become the custodian and owner of the property at

In re the Arbitration between Board of Education of Half Hollow Hills Central School District & Half Hollow Hills Teachers Ass'n

79 Misc. 2d 223 · New York Supreme Court · Jul 19, 1974

The primary and threshold dispute submitted to the arbitrator, and upon which the ‘ ‘ remedy sought ’ ’ clearly depends, whs whether the Board had violated article 26 of the parties’ collective agreement by the elimination … To contract with and employ such persons as by the provisions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the

Donohue v. Cornelius

45 Misc. 2d 42 · New York Supreme Court · Nov 29, 1963

To qualify for a place on the promotion .list a candidate must attain a passing grade on the written portion of the examination. … What is denied is the power to, establish such a test for one applicant without establishing it for others in the same or like conditions. * * * The mandate of the Constitution is that merit and fitness shall be ascertained

Windsor Park Nursing Home v. Trussell

41 Misc. 2d 1015 · New York Supreme Court · Jan 27, 1964

The testimony adduced at the trial establishes that the license heretofore granted herein was improperly issued to all of the partners of the plaintiff. … The limited partnership arrangement clearly violates the licensing statute.

Sweeney v. City of New York

4 Misc. 3d 834 · New York Supreme Court · May 24, 2004

Defendants also assert that immunity under the LHWCA applies based upon their parent/subsidiary relationship, which establishes that they acted as a “single entity.” … Thus, assuming Reinauer qualifies as either a general contractor or an agent thereof, these causes of action are potentially viable (see Sabato v New York Life Ins.

Febish v. New York State Lottery Control Commission

32 Misc. 2d 558 · New York Supreme Court · Dec 27, 1961

Such procedure clearly violated the statutory rights of the licensees (the charities) and their petition should be sustained as a pleading. … In view of the statutory scheme for the licensing of bingo games, it does not qualify as a party “ united in interest ” to the bingo licensees which could take advantage of rule 99 of the Buies of Civil Practice and has no

People v. Stein

1 Park. Cr. 202 · New York Supreme Court · Sep 15, 1850

The whole taken together shows clearly that the question made was, whether, to convict all, it was necessary that all should be present at one time and place, engaged in the receiving. … The question of the confederacy of the defendants was thus fairly submitted to the jury, and if that was established, those absent as well as those present, were equally guilty.