Case law

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

Lawry v. Lawry

37 Misc. 3d 921 · New York Supreme Court · Oct 3, 2012

While “nice calculations” are not sufficient to deny a stay, a claim of substantial prejudice to another party would clearly qualify. … (Greco v Renegades, Inc., 307 AD2d 711, 713 [4th Dept 2003] [stay vacated if litigant can establish that military defendant was assigned to a geographical location or position that would not “materially affect” his ability

Mendelson v. Finegan

168 Misc. 102 · New York Supreme Court · Jun 27, 1937

This is an application by one Leon Mendelson for a peremptory order of mandamus against the respondent municipal civil service commission to compel it to annul all proceedings that led to the establishment of a promotion … along with all other qualifying applicants?

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.

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.

Mohr v. Greenan

10 Misc. 3d 610 · New York Supreme Court · Aug 31, 2005

In any event, such a concept is contrary to established law in New York and will not be applied here. … Article II, § 8 of the New York Constitution requires that all laws creating, regulating or affecting boards or officers charged with the duty of qualifying voters, or of distributing ballots to voters or otherwise conducting

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.

Young Womens Christian Ass'n v. Wagner

96 Misc. 2d 361 · New York Supreme Court · Jun 30, 1978

It is no accident that section 421 (subd 1, par [a]) has as one of its qualifying purposes, the "moral or mental improvement of men [or], women”. … Granted, their chore has become markedly more difficult and the staff at the YWCA is not able to establish meaningful contacts with every girl who passes through its halls.

Shipman v. City of New York Support Collection Unit

183 Misc. 2d 478 · New York Supreme Court · Jan 24, 2000

The Court of Appeals in Woolworth clearly established that public policy dictates the prohibition against creditors from collecting monies from awards of alimony. … Clearly, once a minor child has been emancipated, the duty of both parents to support the child terminates.

S. B. Garage Corp. v. Murdock

185 Misc. 55 · New York Supreme Court · Apr 27, 1945

Clearly, the latter clause was included for the purpose of imposing a minimum distance between a garage and the nearest entrance or exit of a public school where they were not located on the same street. … “No building permit by an administrative official could condone, or afford immunity for, a violation of law.” (Marcus v. Village of Mamaroneck, 283 N. Y. 325, 330 ; see, also, Matter of Rosevale Realty Co. v.

McCredie v. City of Buffalo

2 How. Pr. 336 · New York Supreme Court · Aug 15, 1885

It also alleged that he was a citizen qualified-to hold the office, discharge its duties, and that he was lawfully so engaged. … He well, therefore, employed his own lawyers and established his title.

Goldsmith v. Coverly

27 N.Y.S. 116 · New York Supreme Court · Jan 12, 1894

The burden of proof necessarily rested upon the plaintiff to establish a compliance on his part with that provision of the agreement upon which he based his claim of right to recover. … But ever since parties to an action were qualified by statute to testify as witnesses in their own. behalf, a distinction has been uniformly observed between their testimony and that of wholly disinterested witnesses.

Gedraitis v. Gedraitis

109 Misc. 2d 420 · New York Supreme Court · Feb 6, 1981

Retroactive application of the new law to agreements valid under pre-equitable distribution is clearly proscribed. … Subdivision (5) of section 170 of the Domestic Relations Law requires only that “he or she has substantially performed all the terms of and conditions of such decree or judgment” (emphasis supplied) in order to establish

D.K. v. M.T.K.

52 Misc. 3d 865 · New York Supreme Court · Jun 9, 2016

Co., 56 NY2d *870 830 [1982] [prior judgment, while not clearly “on the merits,” should be given res judicata effect in order to prevent circumvention of a preclusion decree].) … It is axiomatic that in order to establish a change of circumstances, the moving party must first establish the circumstances as they existed at the time the order was issued.

In re the Application to Quash Grand Jury Subpoena Duces Tecum

177 Misc. 2d 985 · New York Supreme Court · May 13, 1998

The Court refused to carve out an exception for Grand Jury investigations “without any qualifying [statutory] language” (supra, at 251). … Foreign affairs clearly is an area where Federal interests dominate.

Becker v. Levitt

81 Misc. 2d 664 · New York Supreme Court · Feb 4, 1975

More specifically the plaintiffs claim that section 54 of the New York State Finance Law which grants more State aid proportionately for cities than for villages "abridges the privileges and immunities of the plaintiffs, … At the same time, it is well established that Federal decisions in cases of this kind are of highly persuasive effect as authorities in State courts, and only rarely will a statute held by the Federal courts not to be in

In re Southern Boulevard Railroad

20 N.Y.S. 769 · New York Supreme Court · Nov 18, 1892

It is contended by the respondents that the second report is final and conclusive, and that no fraud, irregularity, or mistake has been established in the proceedings of the commissioners, which within the decision in Re … This language clearly indicates that the petitioner intended to take all that portion of the Southern boulevard formerly belonging to Paul Spofford.

Harris v. Dutchess County Board of Cooperative Educational Services

50 Misc. 3d 750 · New York Supreme Court · Nov 4, 2015

Following the retest, the plaintiff was found, based on his score, to not qualify as “retarded” and was therefore deemed ineligible to complete the program. … The court held the claim was “immune from review,” because the duty owed was “one owed to the general public.”

White v. Parker

8 Barb. 48 · New York Supreme Court · Feb 11, 1850

This presents the question whether the receipt can be thus explained and qualified. … That a receipt may be explained, qualified, or even contradicted, by any evidence competent to establish a fact, is a proposition which is settled by judicial decisions, which are too numerous and too uniform to justify a