Case law

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 v. Lewis

103 Misc. 2d 881 · New York Supreme Court · Apr 14, 1980

. *883 The testimony must be offered by a qualified expert (People v Busch, 56 Cal 2d 868). It is important that there be no unnecessary subjectiveness in the hypnotic session. … This is clearly a departure from the accepted procedure. The court is also concerned about testimony from the hypnotist who testified that a subject could lie under hypnosis as readily as if he were not hypnotized.

Pramco III, LLC v. Partners Trust Bank

16 Misc. 3d 351 · New York Supreme Court · Feb 23, 2007

Plaintiff therefore establishes as a matter of law the existence of the condition and its nonoccurrence. … Assuming that the nonaccrual forms and alleged check-kiting documents qualified for inclusion in the review files, as I must for purposes of this motion (the August 31 draft financial statement has already been found to qualify

Genesee Hospital, Inc. v. Wagner

76 Misc. 2d 281 · New York Supreme Court · Dec 12, 1973

The evidence also clearly indicates that these two areas of concern are so closely akin to each other that they mutually and inevitably complement one another in such a setting. … Clearly, the increased availability of the private ‘ ‘ attending staff ’ ’ has improved both the educational quantum and quality available to residents and interns.

People v. Stark

12 N.Y.S. 688 · New York Supreme Court · Jan 23, 1891

It was alleged generally that he, “not then and there being a qualified voter,” did vote, etc. The particular disqualification under which he rested was not alleged. … The principle decided in the above cases clearly shows that it was error to reject the evidence of the defendant in this case.

White v. Board of Education, Union Free School District No. 3

74 Misc. 2d 171 · New York Supreme Court · Jun 4, 1973

The evidence clearly established that, in light of the continually declining enrollment at both Bowling Green and Salisbury, the number of students to be transferred from the latter to the former can be easily accommodated … What was shown was that reasonable and qualified men can differ as to how a school’s enrollment should be projected and as to how trends in movement of homes can be utilized.

Mosher v. Supreme Sitting of Order of Iron Hall

34 N.Y.S. 816 · New York Supreme Court · Jul 5, 1895

The receiver duly qualified as such, and filed his bond on August 27, 1892, and ■entered on the discharge of his duties. … Clearly, the corporation was then insolvent.

Charles H. Greenthal Co. v. State Division of Housing & Community Renewal

126 Misc. 2d 795 · New York Supreme Court · Dec 26, 1984

By remanding the case, this court *799 never intended to immunize petitioner from the application of Code § 42 (A), but only from the penalty of expulsion. … The court concluded, “That [the landlord] failed to include appropriate protective provisions for contingencies incidental to rent controlled premises when he purchased the building is clearly no basis for imposing unintended

Titus v. Department of State

200 Misc. 6 · New York Supreme Court · Dec 21, 1950

The department has rejected his application on the ground that “ Investigation of your affidavit of experience shows you are not qualified to apply for a real estate broker’s license * * * The return asserts that the application … to establish unreasonableness, caprice or arbitrariness.

Levi v. Regents of University of New York

169 Misc. 332 · New York Supreme Court · Sep 27, 1938

It will be noted that the statute does not require any examination except when satisfactory proof of a qualified status is not furnished; nevertheless, respondents allege that on September 21, 1936, the Regents adopted the … If petitioner produced evidence of such a character as to clearly satisfy the requirements of the statute, the Board could not reject it without acting arbitrarily.

Western Hair Goods Co. v. B. R. Haberkorn Co.

131 Misc. 930 · New York Supreme Court · Apr 15, 1928

. ^ The defendant was organized for the purpose of dealing, as jobber, in barber’s supplies; and qualified to do business in the State of Minnesota in June, 1926; it established its principal place of business in St. … Y. 216, 221 ) states the rule as follows: “ The extent to which a corporation must do business in the State to justify *934 the service of process upon its representative is not clearly defined, but under all of the authorities

Brooks v. Section V of New York State Public High School Athletic Ass'n

189 Misc. 2d 624 · New York Supreme Court · Oct 11, 2001

.’ ” In regard to the latter, the decision of NYSPHSAA relied exclusively on petitioners’ poor academic performance at Aquinas in concluding that no undue hardship had been established. … Accordingly, rule 29 violates clearly established law, first simply by dealing with a subject, student eligibility, specifically covered in the part 135 regulations, and second by restricting or suspending the applicability

Romanchuk v. Murphy

200 Misc. 987 · New York Supreme Court · Mar 21, 1951

On June 24, 1949, she took and passed a qualifying oral examination and on July 14, 1950, the municipal civil service commission certified her as eligible for appointment as policewoman, to which position she was appointed … The language of subdivision 3 indicates clearly that it applies to persons who may have already been appointed from the list. The case of Matter of Wolff v. Hodson ( 285 N.

People v. Soto

30 Misc. 3d 417 · New York Supreme Court · Dec 1, 2010

Gibbons never attempted to advise him on this issue, to discuss with him the merits of such a decision, or the logistics of it, such as the need to waive immunity. … Gibbons, wherein his strategy for handling this case at the preindictment stage was clearly explained and had the consent of the defendant. .

Valdivieso v. Community School Board of District One

67 Misc. 2d 1007 · New York Supreme Court · Nov 2, 1970

Chapter 568 of the Laws of 1968 and subsequent amendments established decentralization of New York City school districts. … A court may not insert qualifying clauses in a statute or add conditions not contained therein.

D.F. v. Carrion

43 Misc. 3d 746 · New York Supreme Court · Mar 21, 2014

The reasons for this departure from the procedures set forth in the NMR policy and Guidance are not clearly explained in respondent’s papers. … The remaining four procedures clearly require that a patient attend to certain postoperative procedures. This is particularly the case with respect to sexual reassignment surgery.

Charell v. Gonzalez

173 Misc. 2d 227 · New York Supreme Court · Jun 10, 1997

before long * * * If you have cancer and are faced with a decision about whether to use conventional therapies, the question you must try to answer is this: Will the damage done to the cancer justify the damage done to the immune … of plaintiff as medically sound, whereas plaintiff’s experts clearly painted him as a charlatan.

City of New York v. Capri Cinema, Inc.

169 Misc. 2d 18 · New York Supreme Court · Nov 13, 1995

Plaintiffs commenced this action in its ongoing efforts to control the spread of the HIV virus, identified as the cause of Acquired Immune Deficiency Syndrome (AIDS). … Their testimony clearly demonstrated that while other prohibited sexual acts occurred, fellatio was the prevalent sexual activity, and that it was open and notorious in the Theater.

Kirchhof v. Ramsey

151 Misc. 142 · New York Supreme Court · Apr 5, 1934

The word ordinarily means a plan for the disposition of the testator’s real estate, and it may be either an absolute or a qualified disposition. … Y. 228 ) the court says (p. 231): “ It is well settled by a long succession of well considered cases, that when the words of the will in the first instance clearly indicate a disposition in the testator to give the entire

Salomone v. Macmillan Publishing Co.

97 Misc. 2d 346 · New York Supreme Court · Oct 20, 1978

A statement is defamatory on its face if it is clearly damaging to the reputation of the person to whom it relates. … The principle is well established that an allegedly libelous statement must be read and understood in the context in which it appears.