Case law

Quintanilla v. Harchack

183 Misc. 2d 569 · New York Supreme Court · Jan 28, 2000

In such circumstances, to qualify for admission as a declaration against penal interest four elements must be present: (1) the declarant must be unavailable as a witness at trial, (2) when the statement was made the declarant … Harchack is clearly unavailable, although it has not been established that he is absent from the jurisdiction, has refused to testify on constitutional grounds, or is dead.

Mott v. Rivazfar

172 Misc. 2d 507 · New York Supreme Court · Aug 7, 1996

Rivazfar, who lived in Monroe County, and established a visitation schedule which in essence granted Ms. … During the period from 1989 through 1993, the petitioners maintained their visitation schedule as established by the 1989 Florida decree.

Beresford v. Donaldson

54 Misc. 138 · New York Supreme Court · Apr 15, 1907

Martens never qualified as commissioner of public works and that he did not file the bond required by the city charter. … He is, therefore, clearly not entitled to the salary of the office for which he has presented a claim to the board of common council, and which has been duly considered and rejected.

People v. Sharp

9 N.Y. St. Rep. 155 · New York Supreme Court · Aug 25, 1887

There is no word qualifying one of these terms used to indicate the occasions for the examination of witnesses and taking their testimony. … It is incumbent upon the people to overcome the presumption of innocence, and to establish the guilt of the accused beyond a reasonable doubt upon evidence.

People v. Dolan

95 Misc. 2d 470 · New York Supreme Court · Jul 28, 1978

Clearly, *475 defendant did not have sole or exclusive interest in the blood. In this analysis, we can see that the hospital’s mutual interest in the property enabled it to authorize a valid consent search. … The freedom from an unreasonable search and seizure guaranteed under the Fourth Amendment is a personal right, privilege and immunity.

Hart v. Sun Printing & Publishing Co.

29 N.Y.S. 434 · New York Supreme Court · Jun 15, 1894

On this appeal it is urged that the trial court erred (1) in refusing to dismiss the complaint on the ground that the defendant had established the defense of justification pleaded by it; (2) in denying a motion to direct … Clearly such is not the impression given by the reading of the article. It suggests defeat rather than triumph.

Anonymous v. Weiner

50 Misc. 2d 380 · New York Supreme Court · May 18, 1966

Judicial deference to the decision of those members of the Board of Health who are physicians or otherwise uniquely qualified appears mandatory in the singular circumstances here involved. … [citing cases] * * * When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order.”

Hughes v. Prim Hall Enterprises, Inc.

182 Misc. 2d 892 · New York Supreme Court · Dec 1, 1999

To establish a prima facie claim of gender discrimination, a plaintiff must initially show: “(1) that the employee is a member of protected class, (2) that she was discharged, (3) that she was qualified for the position, … Trombley are also not sufficient standing alone to establish pretext. The comment to Ms.

New York State Ass'n of Nurse Anesthetists v. Novello

189 Misc. 2d 564 · New York Supreme Court · Nov 25, 2001

As a consequence, since CRNAs are an available, qualified resource and since the services of CRNAs are much less expensive than the services of anesthesiologists, many office-based surgeries are conducted with CRNAs administering … The memorandum further states: “The department clearly has the statutory authority to regulate facilities which fall within the statutory definition of hospitals.

Austin v. Jefferson County Board of Elections

8 Misc. 2d 74 · New York Supreme Court · Oct 10, 1956

These deviations from strictly business purposes are clearly within the ordinary meaning of the word, “ duties ” used in the Constitution and statute. … , in my opinion, would qualify him for an absentee ballot.

Maldonado v. Crew

171 Misc. 2d 40 · New York Supreme Court · Sep 3, 1996

Clearly these scores are but one factor to evaluate where no candidate has established either (1) demonstrated improvement over a course of years, or (2) that present scores on both mathematics and reading meet City averages … Castillo was a qualified candidate, and that the Chancellor’s present posture is mere pretext.

Jackson ex rel. Walsh v. Colden

4 Cow. 266 · New York Supreme Court · Feb 15, 1825

Admitting that this principle may be applicable to specialties, as well as to negotiable paper, it must be with the qualifies tion, that the person purchasing knew that the specialty was not operative, being made for the … The evidence in this case does not establish the fact that Walsh knew of the circumstances attending the creation of the bond and mortgage when he became the purchaser of it.

La Barge v. Haven of Schenectady, Inc.

170 Misc. 2d 998 · New York Supreme Court · Dec 12, 1996

Dismissal of a complaint is warranted only if the evidence submitted conclusively establishes a defense to the asserted claims as a matter of law (supra). … Defendant is clearly not a "facility” under that definition and thus the mandates of Mental Hygiene Law § 33.16 cannot be applied by the court to compel the release of any records made by defendant during the course of the

People v. Burnett

28 Misc. 3d 928 · New York Supreme Court · Jun 17, 2010

The Court summarized defendant’s argument as follows: “solely because he is a repeat offender, he qualified for relief (possible resentencing . . .) otherwise beyond his reach. … It appears that defendant established community ties during the period he absconded from the court’s jurisdiction.

Hay v. Star Fire Insurance

20 N.Y. Sup. Ct. 496 · New York Supreme Court · Mar 15, 1878

It is sufficient if it is fairly deducible from the facts established. And further, that where it exists the relief sought will be granted and the contract reformed. … It is true that neither the plaintiff’s agent nor herself read the first policy, but it is also true that both supposed they had secured immunity from loss if the property was destroyed to which the policy applied.

People v. Ford

61 Misc. 2d 419 · New York Supreme Court · Oct 14, 1969

The immunity from disclosure -of the names or statements of informers is an instance of the same doctrine. … This, of course, is not sufficient to establish that there was such eavesdropping surveillance and is clearly insufficient to warrant ordering the disclosure of such records (as allegedly illegally obtained) if they are in

Morgan v. Durand

51 Misc. 523 · New York Supreme Court · Oct 15, 1906

The context shows clearly that the creation of a separate corporation was not contemplated, for the “ institution ” was to be made a part of the University of Rochester, if the trustees chose to make it such, or to be kept … To establish a department for female education in the university would answer every requirement of the will taken as a whole.

Walsh v. New York State Liquor Authority

45 Misc. 2d 827 · New York Supreme Court · Apr 9, 1965

The bulletin clearly provides for unlimited acceptance of applications. It also declares the Authority’s aim to be the issuance of new licenses to all qualified persons except where “ there is a mandatory prohibition ”. … Merely establishing a cause of action does not remove the presumption of the legitimacy of defendant’s acts (Matter of Craft v.

de Figuerola v. McGraw-Hill Publishing Co.

189 Misc. 840 · New York Supreme Court · Jul 30, 1947

Words which standing alone may reasonably be understood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable. … So too, words which alone are innocent may in their context clearly be capable of a defamatory meaning and may be so understood.

Birchell v. Strauss

28 Barb. 293 · New York Supreme Court · Nov 4, 1858

Brown, ( 14 Barb. 39 ,) was relied on as establishing this position. … This, however, by'no means indicates an intention to qualify :jr limit the broad and comprehensive language previously used.