Case law

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?

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

SCS Business & Technical Institute, Inc. v. Barrios-Paoli

144 Misc. 2d 80 · New York Supreme Court · Jun 14, 1989

The JTPA ( 29 USC § 1501 et seq.) was enacted in 1982 to replace the Comprehensive Employment and Training Act (the CETA program), with the congressional purpose stated to be (§ 1501): "to establish programs to prepare youth … The legislative history clearly indicates an intent that such entities be eligible to receive contracts.

Chesler v. Bronstein

176 Misc. 2d 237 · New York Supreme Court · Nov 17, 1997

The evidence submitted during trial establishes that defendant is now 46 years old. … The evidence at trial clearly establishes that defendant’s contributions to Ariel’s welfare were well below his ability to pay.

Abrams v. Richmond County S.P.C.C.

125 Misc. 2d 530 · New York Supreme Court · Jul 10, 1984

Amendments, however, have prospective application only and have no retroactive effect unless the language of the statute clearly indicates that it shall receive a contrary interpretation. … The court held that “immunity comes solely within the ambit of protection — not privilege.

People ex rel. Worth v. Kanar

80 Misc. 552 · New York Supreme Court · May 15, 1913

Under the literal reading of section 42 the defendant was qualified to hold the office, and, if the will of the voters of the village of Solvay is to be disregarded and their expressed choice ignored, it must be by a construction … The action of the board of trustees at their meeting on March 20,1913, in declaring the defendant ineligible *557 to hold the office of president was clearly without legal justification and of no force or effect.

Western New York District, Inc. v. Village of Lancaster

17 Misc. 3d 798 · New York Supreme Court · Aug 28, 2007

In addressing the merits of whether economic development should qualify as a public use, the Court in Kelo (at 484) stated: “petitioners urge us to adopt a new bright-line rule that economic development does not qualify as … Clearly, there is no basis for exempting economic development from our traditionally broad understanding of public purpose.”

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.

People ex rel. Caille v. Merrick

16 N.Y.S. 246 · New York Supreme Court · Nov 15, 1891

After this appointment was made and filed the relator subscribed' and filed his oath of office, as required by statute, and duly qualified as such officer. … This provision shows quite clearly that the designation of the time within which the council may appoint was intended as a limitation of its power.

In re Keen

39 Misc. 374 · New York Supreme Court · Dec 15, 1902

The precise relation between Constant and Gould is not clearly disclosed. They occupy parts of the same suite of offices and their relations appear to be intimate. … The applicant makes an estimate of the value of respondents’ services, but obviously he is not qualified to form an estimate on this subject.

Reich v. Lucia

41 Misc. 2d 919 · New York Supreme Court · Feb 24, 1964

On the contrary, such proof establishes that the dispatching of vehicles by sanitation foremen is merely incidental to their over-all duties, and, with the possible exception of unusual emergency conditions, consumes only … The many additional duties of a sanitation foreman, as well as the difference in job classifications {supra), clearly distinguish the subject position from that in the Department of Hospitals.

People ex rel. Rockefeller v. Haight

24 Misc. 425 · New York Supreme Court · Aug 15, 1898

There is one other question remaining which is upon the, finding that one of the assessors was influenced by malice in making the assessment. ' • " " The evidence clearly established the -fact. … From this alone a great disturbance in the assessor’s 'judgment is established. Quite a number of witnesses give the cause of the disturbance.

Jones v. Robinson

26 Barb. 310 · New York Supreme Court · Nov 2, 1857

The cases here cited establish most clearly that a case of mutual credit existed between the bank and Jones, at the time the receiver was appointed. … How has the provision in section 7 of our act so qualified section 36, contain-, ing the words “mutual credit,” as to exclude the case supposed of A. and B. ?

S. S. Pike Co. v. City of New York

169 Misc. 109 · New York Supreme Court · Aug 30, 1938

Reynolds, a duly licensed and qualified commercial pilot, to operate such aircraft and to tow an advertising banner over the waters of the Atlantic ocean, in view of persons situated on the beaches at Coney Island, Rock-away … Moreover', the opposing affidavits establish reasonable grounds for the temporary suspension of the license in question pending a complete investigation under way, and an opportunity for the authorities to make regulations

Travitzky v. Schamroth

4 Misc. 2d 660 · New York Supreme Court · Oct 31, 1949

It does not enjoin a referral of the motion by the Justice presiding to another Justice better qualified to determine it. … In accordance with these views and the well established practice, I referred the motion to the Trial Justice.

New York County Lawyers' Ass'n v. Dacey

54 Misc. 2d 564 · New York Supreme Court · Jun 28, 1967

The New York Civil Liberties Union urges that unauthorized practice of law like libel can claim no talismanic immunity from constitutional limitations. … The power to punish summarily and to enjoin in implementation thereof was earlier established in Matter of New York County Lawyers’ Assn. v. Cool ( 181 Misc. 718 , affd. 268 App. Div. 901 , affd. 294 N. Y. 853 ).

Cookery Lafayette, Inc. v. Westerly Co.

3 Misc. 2d 296 · New York Supreme Court · Jun 6, 1956

The court said (pp. 304, 305): “ But it seems to be now pretty firmly established that mere words will not govern, but the court will look at the nature of the right rather than the name by which it is called. … Defendant under this section is clearly an “ owner ”.

Vaughn v. City of New York

108 Misc. 2d 994 · New York Supreme Court · Dec 30, 1980

The foregoing clearly demonstrates that the Health and Hospitals Corporation was intended to function as an independent entity in every regard and was to have complete autonomy respecting its personnel. … A workers’ compensation carrier is not cloaked with the employer’s immunity from common-law tort (see Cline v. Avery Abrasives, supra).

Kleinman v. Buzzeo

56 Misc. 3d 200 · New York Supreme Court · Mar 30, 2017

Plaintiff alleges that the City was negligent in failing to establish and maintain a reasonably safe “clear zone” on the shoulder of the roadway at the subject location for vehicles driving onto the shoulder, as required … Moreover, it also held that the State was entitled to qualified immunity in its design and construction of the Northern State Parkway and was not required to comply with updated highway design standards established after

Star Co. v. Brush

103 Misc. 631 · New York Supreme Court · Jun 15, 1918

. *633 Although the counsel for the defendants expressly disclaims any admission of the invalidity of the ordinance in question, he did not in his oral argument, nor does he in his brief, attempt to establish its validity … I am clearly of the opinion, therefore, that the local authorities had no power to ordain what they attempted to ordain in this case, and that their act is a nullity.