Case law

Little v. Webster

1 N.Y.S. 315 · New York Supreme Court · May 18, 1888

A very brief consideration of the phraseology of this contract appears to establish this proposition. … This was clearly an admission by Webster & Co. that they had made this contract with Little & Co., and that.

Birchell v. Straus

8 Abb. Pr. 53 · New York Supreme Court · Dec 15, 1858

Bunce ( 14 Barb., 39 ) was relied on as establishing this position. … This, however, by no means indicates an intention to qualify or limit *59 the broad-and comprehensive language previously used.

In re of a Trust Established By Singer

12 Misc. 3d 621 · New York Supreme Court · Jan 27, 2006

In either case, before a reasonable time has elapsed, the beneficiary clearly has no basis to complain that the fiduciary has not accounted. … Friedman, is appointed temporary trustee upon his qualifying according to law.

Wilson v. Allen

4 How. Pr. 54 · New York Supreme Court · Aug 7, 1849

Clearly nothing, unless the 6th subdivision of the next section defines them. … last clause of the 6th subdivision-to operate upon the preceding provision in the same subdivision, in the full literal sense of its terms, let us next inquire what would be the practical operation of the -provision thus qualified

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

People v. Fairview Nursing Home

92 Misc. 2d 694 · New York Supreme Court · Nov 21, 1977

As was clearly pointed out in the Heisler decision, the criteria is "special circumstances.” … This does not qualify as a special circumstance. There is no indication that respondent is likely to tamper or otherwise alter the requested documents.

People ex rel. Bliss v. Board of Supervisors

15 N.Y.S. 748 · New York Supreme Court · Apr 15, 1891

In such case the district attorney clearly has the right to make a contract for a specific sum. The test of the right to make such a contract is its necessity. … These principles have been thoroughly established by analogous cases. An .arbitration at common law was but a judicial investigation out of court.

Litchfield v. McComber

42 Barb. 288 · New York Supreme Court · May 9, 1864

This is clearly a legitimate exercise of the taxing power, under the doctrine of the leading cases, of The People v. The Mayor of Brooklyn, and Brewster v. The City of Syracuse.” … Moris the obligation removed *295 or qualified because the tax. is primarily imposed upon the lauds within the prescribed district, thought to be benefitted by the improvement.

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.

Healey v. Dudley

5 Lans. 115 · New York Supreme Court · Sep 15, 1871

He qualified and-entered on the duties of his office. In No vein her, 1867, the board of supervisors of Wyoming county fixed the salary of the county judge at $1,200 per annum, commencing on the 1st January, 1868. … Here intention, however, clearly established, is not enough to justify us in declaring unconstitutional the law which gives the power to the board of supervisors to fix the salaries of the county judges, if the language of

Wenzel v. Wenzel

122 Misc. 2d 1001 · New York Supreme Court · Jan 17, 1984

The facts presented in this matter clearly spell out the exception to the rule. … That vested pensions are subject to equitable distribution as marital property has been established.

People v. J.T.

13 Misc. 3d 691 · New York Supreme Court · Aug 25, 2006

Accepting the proffered plea, J.T. appeared before the grand jury on April 17, 2006 and testified after waiving immunity. … [Examination of the court file clearly establishes this claim.] It would not have been a hardship on the prosecution to ask the Sheriff’s Department to produce Mr.

Giaccotto v. New York City Transit Authority

150 Misc. 2d 164 · New York Supreme Court · Dec 17, 1990

Auth., 55 NY2d 175 [1982]), defendant has never claimed that the acts or omissions of the Transit Authority, which are the subject of this action, immunize it from liability. … The installation of the subway gratings in public sidewalks clearly constitutes a special use and under long-standing precedent no notice of the unsecured condition of the grating which gave way under plaintiff’s feet was

People v. McKane

30 N.Y.S. 95 · New York Supreme Court · Jul 27, 1894

did establish them. … We may safely assume, we think, that at the time this distinction was clearly understood.

Skolny v. Hillman

114 Misc. 571 · New York Supreme Court · Mar 15, 1921

This pronouncement of the court when read in the light of the charges made in the complaint justifies the form in which the wrong is alleged and renders the complaint immune from attack for the grounds insisted upon. … It is clearly established that picketing is lawful — that a man may work or not as he shall choose; that he may strike with others and peaceably seek others to join.

Gambold v. MacLean

126 Misc. 820 · New York Supreme Court · Apr 3, 1926

Gambold, duly qualified as executor and is now so acting and, in reality and actually, is the interested party in the outcome of this litigation. The four grandchildren of said John Healy, deceased, namely, Amos S. … We find the phrase “ to trust to their honor,” which would clearly imply something beyond the face of the document.

People v. Salerno

38 Misc. 2d 467 · New York Supreme Court · Dec 27, 1962

Although there was considerable conflict in the testimony elicited at a hearing held on the motion, the following facts were established. … The loaded shotgun clearly constituted a dangerous weapon and to fire it within the city limits would be a misdemeanor. (Administrative Code of the City of New York, § 436-5.0, subd. c.)

Golden v. New York City Council

196 Misc. 2d 276 · New York Supreme Court · Mar 18, 2003

The Council therefore “determine [d] that the best means to remedy the above-described problems [was] to amend Section 25 of the Charter [by enacting Local Law No. 27] to provide that a two-year term established thereunder … That part of Local Law No. 27, which amended Charter § 25 (a), provides that: “Notwithstanding any other provision of this *280 charter or other law, a full term of two years, as established by this subsection, shall not

Fowler v. Conforti

152 Misc. 2d 909 · New York Supreme Court · Apr 9, 1992

An absolute privilege "confers immunity from liability regardless of motive” (Park Knoll Assocs. v Schmidt, supra, at 209). … The prior history of the related Parks v Greenberg litigation and its progeny establish the plaintiff’s bad faith.

Blivin v. Bleakley

23 How. Pr. 124 · New York Supreme Court · Feb 15, 1862

It clearly became valid as soon as the judgment was docketed. … It is not pretended that it had a special or qualified property therein. It was either the owner or it was not, and the thing sold by the sheriff was the goods themselves.