Case law

Bank of Manhattan Trust Co. v. Ellda Corp.

147 Misc. 374 · New York Supreme Court · Apr 4, 1933

If any charges are established, the commiittee must be removed and the certificate holders directed to elect a substitute. … The defendants, principally Commonwealth and Continental Bank and Trust Company, contend that the chattels and personalty specified in the chattel mortgage are immune.

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.

Rintelen v. Schaefer

11 Mills Surr. 422 · New York Supreme Court · Oct 3, 1913

There is a further presumption, namely, that the condition of sound mind and memory of the testatrix, established in 1905, continued until the contrary was clearly proven. … The testamentary disposition of her property by testatrix does not tend to establish either incompetency or undue influence.

Co-Pilot Enterprises, Inc. v. Suffolk County Department of Health

38 Misc. 2d 894 · New York Supreme Court · Mar 18, 1963

The issues are clearly defined and the evidence and law pertinent to the contentions of the respective parties were presented by skilful and able counsel. The issues will be determined seriatim. … When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification more and more until at last private property disappears.

Thompson v. City of New York

50 Misc. 3d 1037 · New York Supreme Court · Dec 15, 2015

Thus, if credited, plaintiff’s testimony negates probable cause to initially stop him, which is fatal to defendants’ claim of qualified immunity for his subsequent arrest on grounds that he possessed counterfeit money. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Heath v. Town of Islip

169 Misc. 2d 382 · New York Supreme Court · Mar 21, 1996

invalidate the ward petition — its failure to follow the statutorily prescribed form for the "statement of witness” set forth in Election Law § 6-140 (1) (b) to the extent that the petitions lack the wording "and I am also duly qualified … However, paragraph 3 (D) thereof clearly indicates that the total is 5,859 as alleged in the petition. .

Plantz v. Board of Supervisors

122 Misc. 576 · New York Supreme Court · Mar 15, 1924

. * * * The chairman, the clerk and all other appointees of the board shall serve for two years from the date when their appointment takes effect, and until a successor has been appointed and has duly qualified.” … Y. 270 , is clearly distinguishable from the present case, because no question of title to office was involved therein.

Fleming v. Smith

44 Barb. 554 · New York Supreme Court · May 1, 1865

From this summary statement of the main facts developed upon the trial it would seem that there was at least some evidence to establish that Bond was the agent of Smith, for the purpose of making the contract with the plaintiff … As I understand Bond’s testimony, he swears it did not belong to him to pay, and was not a part of his contract, and that there was no other agreement than the written one offered in evidence, which clearly did not embrace

Fairchild v. Edson

28 N.Y.S. 401 · New York Supreme Court · Apr 13, 1894

The provision of the will under consideration was clearly of this character, and therefore comes within the rule above laid down. … Dudley being an action in equity to set aside and annul the residuary devise and bequest, or to establish a trust, which, failing as to the intended beneficiary, should result to those who would otherwise have taken by descent

Snyder v. New York State Board of Regents

31 Misc. 3d 556 · New York Supreme Court · Dec 29, 2010

Based on the record, the court does not find that petitioners met their burden of establishing that the Commissioner’s determination that Ms. … Such discussion, however, is clearly in the context of the Commissioner’s assessment of Ms.

Klein v. Continental Insurance

17 N.Y.S. 218 · New York Supreme Court · Dec 28, 1891

or upon stipulation of the parties, with reference to his character, learning, and fitness for the position, he should not be removed by the court pending the trial of á case in which he has been appointed, accepted, and qualified … But no such fact is established here. The next case cited by the appellant is Burrows v. Dickinson, 35 Hun, 492 .

Gardner v. Clark

17 Barb. 538 · New York Supreme Court · Apr 2, 1854

An involuntary assignor is as much an assignor, as one who of his own motion qualifies himself to be a witness by making a voluntary assignment. … The language of the judge is doubtless liable to some criticism, and the proposition was not put forth quite as clearly, nor indeed as broadly, as it should have been; but it was substantially correct, and in accordance with

Cleary v. Higley

154 Misc. 158 · New York Supreme Court · Dec 19, 1934

It is obvious that from both of these causes of action some of the defendants are completely immune so far as the evidence thus far adduced, or any reasonable inference based thereon, is concerned. … There is clearly no proof in this case of such conduct on the part of the majority stockholder.

Du Mond v. Walsh

189 Misc. 676 · New York Supreme Court · Sep 2, 1947

Their lot generally speaking is hard and their remuneration not proportionate to industrial gains; nonetheless, they are not immune from the law. Defendants challenge the constitutionality of the law. … It needs no citation of authorities that every act of the Legislature must be presumed to be in harmony with the fundamental law until the contrary is clearly made to appear. (People v. Crane, 214 N. Y. 154 .)

People ex rel. American Surety Co. v. Campbell

26 N.Y.S. 462 · New York Supreme Court · Dec 6, 1893

Clearly not. Would the deposit of collaterals instead of the giving of its bonds be .any different . in effect? It seems to me not. … In this proceeding the onus is upon the relator to affirmatively establish the error.

VXI Lux Holdco S.A R.L. v. SIC Holdings, LLC

New York Supreme Court · Jul 13, 2023

New York courts favor open and liberal discovery, but the CPLR establishes three categories of protected materials that are immune from disclosure. … This court does not find that emails generated on company computers qualifies as protected materials prohibited from disclosure by the CPLR.

Ahern v. Board of Supervisors

17 Misc. 2d 164 · New York Supreme Court · Mar 2, 1959

Weiss, a resident and qualified voter of the County of Suffolk and a member of the Democratic party, for appointment, the board appoint the said Arthur M. … Strong arguments can be made for change in the established method so that neither the citizens ’ voting rights nor the party members’ partisan rights can.be frustrated.

Industrial Refuse Systems, Inc. v. O'Rourke

134 Misc. 2d 45 · New York Supreme Court · Nov 24, 1986

While it is true that the Mills case held that a suit alleging violation of Federal rights is not immune to State notice of claim requirements, there is no need to file a notice of claim where the suit seeks to vindicate … Plaintiffs also attack the amount of the interim user fees and, clearly, if that remains in issue after determination of Weber’s authority to impose them, it must be the subject of a trial.