Case law

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.

Rivera v. Lutheran Medical Center

22 Misc. 3d 178 · New York Supreme Court · Oct 16, 2008

This *186 impropriety clearly affects the public view of the judicial system and the integrity of the court. … In a disability association discrimination case, plaintiff bears the burden of establishing: “(1) the plaintiff was ‘qualified’ for the job at the time of the adverse employment action; “(2) the plaintiff was subjected to

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.

People ex rel. Academy of the Sacred Heart v. Commissioners of Taxes & Assessments

13 N.Y. Sup. Ct. 109 · New York Supreme Court · Dec 15, 1875

That is clearly within the purpose and *112 intent of the law. … Madison University has been secured the same immunity to the extent of léO acres; Vassar College for 210 acres, and Cornell University for even more than that.

In re the Application of Marks

181 Misc. 497 · New York Supreme Court · Feb 14, 1944

The general construction of these other provisions by the courts is to the effect that the Act was not designed to furnish complete immunity from payment but that it was intended to be liberally construed to protect those … The language of section 700 of the statute clearly means that any person may apply to the court for this form of relief if his ability to comply with the terms of his obligation has been materially affected by reason of his

Easton v. Calendar

11 N.Y. 90 · New York Supreme Court · Oct 15, 1833

The liabilities and immunities of these officers were examined by the chief justice in Cunningham v. … Clearly not.

Grumet v. Cuomo

162 Misc. 2d 913 · New York Supreme Court · Aug 9, 1994

Further, the fact that only the Village of Kiryas Joel currently qualifies under the statute, even if true, is not dispositive of the constitutional question. … It is possible that other municipalities might qualify in the future.

People v. Rogan

130 Misc. 371 · New York Supreme Court · Jul 11, 1927

The language quoted would seem to deprive the defendant of the benefit of section 393 of the Code of Criminal Procedure, which clearly provides that a defendant is not to be prejudiced by his failure to testify in his own … That is the plain mandate of the law, and the force of the proposition should not be weakened and destroyed with the jury by qualifying words.

Steinson v. Board of Education

27 Misc. 687 · New York Supreme Court · Jun 15, 1899

16, 1883, the plaintiff received a certificate from-the “ State Superintendent of Public Instruction,” to the effect that his superior, moral, intellectual and scientific qualifications as a teacher of youth, having been established … Thereafter the plaintiff was examined by the local authorities, found qualified to teach in the common schools of the city of New York, and he thereupon received from John Jasper, Esq., superintendent of the board of education

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.

State v. P.H.

22 Misc. 3d 689 · New York Supreme Court · Dec 9, 2008

The court, without objection, qualified Dr. Frances as an expert in the field of psychology. The respondent agreed to, and in fact did meet with Dr. … But under article 10, it is not neces *711 sary that an offender must have previously committed more than one qualifying sexual crime.

Case of Lange

30 F. Cas. 1100 · New York Supreme Court · Jul 1, 1854

To secure this immunity, it is sufficient that a case requiring judicial action is presented to the judge. Harman v. Brotherson, 1 Denio, 637 ; Landt v. Hilts, 19 Barb. 283 . … It was simply voidable, by the operation of the restriction subsequently imposed upon the principle established by the case of Basset v. TJ.

Van Auken v. Kimmey

141 Misc. 117 · New York Supreme Court · Jul 27, 1931

,” and the *119 establishing of set-back lines is no part of “ zoning.” … A proceeding by mandamus is essentially one in law, and, while the line where law ends and. equity and other considerations begin is not clearly marked, the better practice seems to be to confine this proceeding to legal

Rosenberg v. Johns-Manville Sales Corp.

99 Misc. 2d 554 · New York Supreme Court · May 9, 1979

Moran is not qualified to practice law in New York, it would certainly be inappropriate to entertain any present application to grant the instant application. … Television, radio, newspapers and periodicals are now punctuated with commercials and advertisements indicating that out-of-State lawyers, seeking to establish national practices, are opening offices in our State.

Frost v. Myrick

1 Barb. 362 · New York Supreme Court · Sep 20, 1847

The 3d, and a number of the sections following, substitutes a new remedy for the creditor against the person of his debtor, in the place of that which the 1st section, limited and qualified by the 2d, had taken away; in the … The decisions *370 of the court have clearly and wisely established a different rule.”

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

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 ).

Bogdan v. Peekskill Community Hospital

168 Misc. 2d 856 · New York Supreme Court · Apr 1, 1996

The Court in Cramer found the study to be conclusory in nature and lacking sufficient detail to establish its reliability or relevancy. The First Department in Haggerty v Moran Towing & Transp. … The conclusions of law and determination of penalty are clearly not admissible. The report shall be redacted accordingly.

Grossman v. Baumgartner

40 Misc. 2d 221 · New York Supreme Court · Jun 28, 1963

Hepatitis is a serious, sometimes fatal, disease of the liver, for which there is no known cure and no known method of immunization. … The tattooing which the board clearly intended to prohibit is tattooing for ornamentation.

In re Hayden's Estate

28 N.Y.S. 357 · New York Supreme Court · Apr 13, 1894

life, as hereinbefore provided, revert to my estate, shall constitute my residuary estate, and I hereby give, devise, and bequeath the same, wherever situated, unto my executors hereinafter named, or such of them as shall qualify … And we think that, upon an examination of the will in question, such was clearly the intention of the testator.