Case law

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.

Wiltwyck School for Boys, Inc. v. Perry

24 Misc. 2d 281 · New York Supreme Court · Apr 12, 1960

The present proceedings is an appeal directly from the Building Inspector’s determination which denied the permit on the following grounds: “ That the proposed use does not qualify or meet the standards and requirements of … In fact the uncontradicted testimony of the witnesses clearly indicates that the land in question is both suitable and usable for the purpose for which it is zoned. (Arverne Bay Constr. Co. v. Thatcher, 278 N.

Dollard v. Koronsky

67 Misc. 90 · New York Supreme Court · Mar 15, 1910

The sureties having qualified, the sheriff released the levy which he had made under an execution issued upon the judgment recovered by the plaintiff. … None of these considerations, however, establishes that the act- of the appellant constituted a contempt of court.

Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of Appeals

46 Misc. 3d 325 · New York Supreme Court · Feb 19, 2013

Greens at Half Hollow, LLC v Town of Huntington, 15 Misc 3d 415, 417 [Sup Ct, Suffolk County 2006] [as the plaintiff was clearly subject to the constraints of the local town law, and was in jeopardy of further prosecutions … The Court of Appeals in Berenson even commented that “[z]oning ordinances are susceptible to constitutional challenge only if ‘clearly arbitrary and unreasonable, having no substantial relation to the public health, safety

People v. Willis

24 Misc. 537 · New York Supreme Court · Sep 15, 1898

These requirements are clearly embraced in the Criminal Code and must be considered in determining the sufficiency of an indictment. … S. 542 , the defendants were indicted for conspiracy to hinder and delay citizens of the United States of African descent, named specifically in the indictment,- in the exercise "of their rights, privileges and immunities

Zientara v. Zientara

59 Misc. 2d 344 · New York Supreme Court · Mar 19, 1969

. * * * “However, a statute, even though it be remedial, may not be retroactively applied when a ‘ new right ’ is established. … What is controlling is that by their amendment they clearly made it prospective in application, and in clear and unambiguous language stated their intent.

Beck v. Ennis

7 N.Y.S. 264 · New York Supreme Court · Oct 19, 1889

It is unnecessary to review, or even to cite, the numerous authorities establishing the rule which the referee has applied to this case. The cases are well collated and classified by Andrews, J., in Vanderzee v. … The language of the provision is: “If my daughter Kate S. should marry and die without children, or die previous to her brother or sister, ” Here, we think, the phrase “previous to her brother or sister” qualifies both the

People ex rel. Pond v. Board of Sup'rs

19 N.Y.S. 978 · New York Supreme Court · Aug 5, 1892

expressed or necessarily implied purpose, is as clearly void as-if in express terms forbidden. … The fourteenth amendment prohibits the abridgment by any state of the privileges or immunities of citizens of the United States.

Merritt v. Kraft

71 Misc. 492 · New York Supreme Court · Apr 15, 1911

This amendment was dictated by the well established results of competition. … the varied interests with which he must deal require in him also qualities of mature judgment, courtesy, temperate habits, self-control ■and integrity far beyond those which might be expected of the ordinary employee, and clearly

People v. Serrano

46 Misc. 3d 960 · New York Supreme Court · Dec 2, 2014

qualify as courts of any jurisdiction within the United States” ( 5 AD3d at 856 ). … Defendant omits the qualifying clause “other than a court in a city over one million population” (Spivak aff ¶ 22; reply mem at 15). . The population requirement is now 200,000 or more (Vehicle and Traffic Law § 225). .

Levy v. Levy

40 Barb. 585 · New York Supreme Court · Nov 30, 1863

It is very plain that the words or adjectives benevolent, charitable, literary &c., &c. were intended to qualify, and do qualify, the word corporation; and surely these governments, if corporations, are not either benevolent … When the person or corporation intended to be appointed trustee is misnamed, but is nevertheless so described in the will as to enable the court to ascertain, clearly, the person intended, the misnomer will be disregarded

People v. Barberi

12 N.Y. Crim. 89 · New York Supreme Court · Dec 15, 1896

It is not every form or degree of insanity that carries along with it immunity from punishment for wrongs committed. … If those facts are established, must it not be said that, the crime of manslaughter is proven ?

Smith v. Sullivan

38 Misc. 3d 727 · New York Supreme Court · Dec 11, 2012

These voters failed to establish their entitlement to an absentee ballot. … As Matter of Gross clearly holds, that qualification process must be substantiated with an absentee ballot application and cannot be based upon general knowledge held by the Board that a voter may qualify for that status.

Petri v. Bank of New York Co.

153 Misc. 2d 426 · New York Supreme Court · Feb 11, 1992

Plaintiff is gay but it is not alleged that he had contracted acquired immune deficiency syndrome (AIDS) or has tested positive for the human immuno-deficiency virus (HIV). … Clearly, it lies beyond the power of this court to "interpret” a statute so as to include within it a provision the Legislature examined and rejected.

Peck v. Young

26 Wend. 613 · New York Supreme Court · Jul 1, 1841

These two statutes clearly intended to embrace but two classes of cases; First—the children of aliens, who were under age and residing in the United States at the time of the naturalization of their parents; and, Second—children … New-York in 1774, when the fipst congress “ Resolved, That *627 our ancestors, who first settled these colonies, and were, at the time of their emigration fronq the mother country, entitled to all the rights, liberties, and immunities

Sechrest v. Board of Education of Union Free School District No. 21

7 Misc. 2d 297 · New York Supreme Court · May 17, 1957

. *298 Section 3013 of the Education Law establishes a procedure for the appointment of school principals. … The letter of July 23 was clearly a warning to the petitioner that he was not to be recommended for permanent appointment.

People v. Toynbee

20 Barb. 168 · New York Supreme Court · Jul 21, 1855

Applying the principle of construction I have endeavored to illustrate to the qualifying clause of the first section, and taking that by itself, the prohibition would not extend to imported liquors at all. … But to whatever extent the vendible liquors may go, their express exemption qualifies the description of those included in the prohibition.

Halberstadt v. Kissane

51 Misc. 2d 634 · New York Supreme Court · Oct 5, 1966

Public hospitals are such as established by the State; such as are established by municipalities and not maintained privately or under private control. See Van Campen v. Olean Gen. Hosp. ( 210 App. Div. 204 ). … At page 466 of the opinion, it was stated what the powers of the faculty were in the Goldenkoff case: *1 Clearly, therefore, the faculty acted within the scope of its jurisdiction, and exercised its discretion in a matter

Davis v. Gallagher

9 N.Y.S. 11 · New York Supreme Court · Feb 11, 1890

That the services were rendered and the property furnished, and were of the value found, was abundantly established by the evidence. … Under these circumstances, it is clearly our duty to affirm the order. We have examined the other exceptions in the case, but have found none disclosing error, or that require special consideration.

Ladson v. Board of Education

67 Misc. 2d 173 · New York Supreme Court · Aug 2, 1971

Clearly then, the presence of students at the ceremonies is not “ required attendance ”. … Nowhere in the statutory scheme of public school administration does there appear express authority to direct suspension from participation in those ceremonies as a disciplinary measure directed at students otherwise qualified