Case law

Trans World Maintenance Service, Inc. v. Rodd

113 Misc. 2d 201 · New York Supreme Court · Mar 18, 1982

There the court held that the Loft Law had to be read in conjunction with article 7-B of the Multiple Dwelling Law and since the tenants were using the premises for “joint living-work quarters”, they had to establish that … To qualify for the protection of the section, a tenant must only reside in a rental unit in a multiple dwelling in New York City “which at any time was occupied for loft, commercial, manufacturing or other non-residential

Mongaup Valley Co. v. Rockland Light & Power Co.

144 Misc. 718 · New York Supreme Court · Jul 15, 1932

Other witnesses, although competent to testify as to their observation of reservoir conditions and odors in connection therewith, were not qualified to give testimony of much value as to the cause of odors. … Certainly, at least, their testimony cannot be said to establish a preponderance of proof.

Schluter v. Bowery Savings Bank

13 N.Y. St. Rep. 413 · New York Supreme Court · Jan 28, 1888

This rule is in no way qualified by the subsequent case of Willis v. Smyth ( 91 N. Y., 297 ). … Whatever may be the rule as to cases since the passage of the act of 1882, that act clearly cannot be resorted to to invalidate a payment made long before its passage.

Baxter v. Captain Crow Management, Inc.

128 Misc. 2d 254 · New York Supreme Court · Apr 8, 1985

While a unit-by-unit approach might render rehabilitation attractive to the average landlord, the view which has prevailed is that the entire building must qualify in order for the statutory exemption to apply. … Nor have tenants established any basis in law or equity to support reformation of their leases.

Sanchez v. Spitzka

183 Misc. 413 · New York Supreme Court · Apr 17, 1944

, in the amount of $105.50; that thereafter supplementary proceedings upon the original judgment were instituted, that Sanchez Avas examined thereunder and that a receiver in supplementary proceedings was appointed, who qualified … The falsity and bad faith of the answer must clearly appear. (Steinberg v. Levy, 139 Misc. 453 ; Barnett v. Euramerican Cellulose Products Corp., 135 Misc. 675 ; Youngs et al. v. Kent et al., 46 N. Y. 672 ; Purdy v.

People v. Barrow

6 Misc. 3d 945 · New York Supreme Court · Jan 5, 2005

This part had been established by the Chief Administrative Judge at the direction of the Chief Judge. … , clearly defining the respective roles of the criminal courts and the superior courts.

MacKendrick v. Newport News Shipbuilding & Dry Dock Co.

59 Misc. 2d 994 · New York Supreme Court · Jun 12, 1969

Newport was a qualified self-insurer under the Virginia Workmen’s Compensation Act. … Clearly, the public policy of our courts is to protect New York domiciliaries, wherever possible, from denial of a recovery in another jurisdiction, and Dym v.

West Bronx Auto Paint Shop, Inc. v. City of New York

33 Misc. 2d 29 · New York Supreme Court · Dec 13, 1961

The Department of Air Pollution Control was established in 1952 (New York City Charter, § 1071 et seq.; Administrative Code, § 1072-1.0 et seq,; Local Laws, 1952, Nos. 114,115 of City of New York) and was so established pursuant … Here there is clearly enunciated the policy to control all emissions of a harmful or objectionable substance from any source and over any equipment giving forth such emissions.

McCormick v. Lawrence

83 Misc. 2d 64 · New York Supreme Court · Aug 11, 1975

This latter section is construed by petitioners as clearly contemplating that boathouses would be allowed on lake front property. … The court in both Stover and Cromwell qualified its opinions by noting that not every aesthetic purpose would support a prohibition of use.

Rochester Park, Inc. v. City of Rochester

38 Misc. 2d 714 · New York Supreme Court · Mar 20, 1963

It was executed prospectively, in contemplation of an eventual contract for the disposition of the Genesee Crossroads land, but the time for such disposition clearly had not arrived. … The first objection hereunder is that the “ minimum price was left for determination by one of the parties ”— an incorrect conclusion for sections 203 and 204 of the contract clearly establish the sum of $1 per square foot

Brady v. The Board of Education

136 Misc. 1 · New York Supreme Court · Feb 18, 1930

Indeed, an examination for promotion was instituted by the board of education to qualify teachers in the lower schedule to become eligible to teach in the seventh and eighth years. … The writ issues to compel the performance of official duty clearly imposed by law, where there is no other adequate specific remedy.

Lauder v. Pellegrino

57 Misc. 3d 233 · New York Supreme Court · May 22, 2017

Finally, creation of such a right would be inconsistent with the legislative scheme, the purpose of which is clearly divined in the statutory text. … ,] . . . any five qualified voters or by the state or other board of elections.” (Election Law § 16-114 [1].)

In re Hobson's Will

16 N.Y.S. 371 · New York Supreme Court · Nov 13, 1891

During his life-time, and in 1878, he brought an action to establish the trust, making his son, John L. … After becoming in this manner qualified as the administrator of the estate with the will annexed, he received a large number of securities, including this bond and mortgage for $15,000, and gave a receipt for them, describing

Frick v. Cone

160 Misc. 450 · New York Supreme Court · Sep 9, 1936

The taking of the title in the wife’s name was definitely qualified and explained by testimony of undeniable credence. … Co., 225 id. 314 ; Matter of Sherman, 227 id. 350 ), especially in view of the relationship here established. In Ross v.

Kreiss v. Seligman

8 Barb. 439 · New York Supreme Court · Apr 16, 1850

The doctrine established by the authorities to which I have referred, and others upon the subject, I hold to be this. … The latter proposition may, however, require to be qualified, by the addition, provided the goods or money are actually used. to carry out the contemplated design—as no case has arisen in which this distinction has been insisted

Wick v. Jewett

9 N.Y. St. Rep. 477 · New York Supreme Court · Jun 25, 1887

By the title of the action, the two plaintiffs appear to' have come into court as the personal representatives of a. deceased person, and by the allegations of the complaint they clearly appear not to be prosecuting the action … For the purposes-of this action it could not establish, defeat or diminish any rights of the plaintiffs. There seems to have been no error *479 to the prejudice of the defendant. None of the exceptions are well taken.

People ex rel. Totalis v. Craver

174 Misc. 325 · New York Supreme Court · Jun 6, 1940

Fortunately, there are some principles and rules established in the law that can be applied to the present situation. … The return of the jury after the granting of the mistrial seems to have been purely ministerial and the record clearly shows that the trial court had absolutely established its position as to the status of the case before

Mattoon v. Young

9 N.Y. Sup. Ct. 559 · New York Supreme Court · Jul 1, 1874

But it is insisted the doctrine of estoppel in pais fails in this case, for the reason that the paper which established the rights of John Mattoon, as between him and James, was present at the interview above alluded to, … But, is it clearly proved that Willard understood — fully comprehended — the terms and legal effect of the instrument ?

New York University v. New York State Division of Human Rights

84 Misc. 2d 702 · New York Supreme Court · Apr 25, 1975

That the gravamen of Friedes’ complaint is that the NYU School of Medicine has established and implemented policies relating to the admission of students to its courses of study which have the effect of discriminating against … The provisions of the Human Rights Law clearly intend that the "use of facilities” covers admissions of qualified students.

Palmer v. Mann

120 Misc. 396 · New York Supreme Court · Mar 15, 1923

Not having used qualifying words with relation to Fifth avenue, certainly the natural meaning of the words “ from Fifth avenue ” as used in the amendment must be the whole of that avenue and not the easterly side thereof, … The right of the state of Massachusetts under the police power to regulate the height of buildings in Boston and establish different height districts was upheld by the Supreme Court of the United States in Welch v.