Case law

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.

Ely v. Campbell

59 How. Pr. 333 · New York Supreme Court · Aug 15, 1879

It is scarcely necessary to add that these statements are qualified by the right in the legislature alone to authorize obstructions permanent or continuing, and do not exclude such interruptions in the use of the streets … I regard this expression of the legislature as clearly against any right in the municipal board, or any of its officers or agents, to authorize the occupation of the streets and sidewalks with obstructions and encroachments

Daily Register Printing & Publishing Co. v. Mayor

3 N.Y.S. 669 · New York Supreme Court · Dec 27, 1888

Y. 355 , and the distinction is clearly pointed out in the opinion of Judge Davies in that ease. … If this be so, then there were but two qualified judges to take part in the designation, and hence there would be no lawful exercise of the power.

People v. Olivo

156 Misc. 2d 149 · New York Supreme Court · Oct 23, 1992

Further, a "Grade 4” inmate may qualify to make 45 cents per hour after satisfactorily performing "Grade 4” duties for several years. An idle 1 inmate is paid nothing. … In anticipation of such a situation, case law clearly states that an application for the vacatur of the mandatory surcharge is properly made at the end of the defendant’s incarceration.

People ex rel. Hodgkinson v. Stevens

5 Hill & Den. 616 · New York Supreme Court · Oct 15, 1843

Cross received 201 votes in the first district, and Zebulon Chadbourne 272 votes; and these,, when added.to *623 the Votes given in the second district, clearly establish the election of Cross. … The mayor had nothing to do in the matter; nor had he any power, legal or moral, to exclude Cross when duly qualified.

Faulk v. Aware, Inc.

35 Misc. 2d 302 · New York Supreme Court · Jul 10, 1962

But, from the nature of things it is impossible to submit for a jury’s consideration any better proof than testimony of established' experts familiar with the conditions of that industry and the capacities and achievements … It is only when the award is clearly disproportionate to the offense that a jury’s assessment is subject to review.

Filstein v. Bromberg

36 Misc. 3d 404 · New York Supreme Court · Apr 9, 2012

That a contract provision is a condition precedent does not, however, immunize it from a challenge that it is unenforceable. … Restatement [Second] of Contracts § 178 [1] [“A promise or other term of an agreement is unenforceable on *411 grounds of public policy if legislation provides that it is unenforceable or the interest in its enforcement is clearly

Johnson v. City of New York

152 Misc. 2d 576 · New York Supreme Court · Sep 30, 1991

The selection committee is required to maintain a waiting list of qualified applicants. Eligibility is limited to persons of low and moderate income as defined in the Section 8 income guidelines. … There are no other defined procedures which clearly explain what the eligibility requirements are, or that require the Tenants’ Association to notify applicants of their status and the reason for refusal.

In re Steiner

179 Misc. 962 · New York Supreme Court · Mar 6, 1943

The deceased mother, therefore, fails to qualify under such provision. … It permits a single owner of a jointly owned lot to give consent to burial therein of persons falling within the categories specified, without his first obtaining consent of such other owners. > It clearly does not confer

People v. Brewster

115 Misc. 2d 26 · New York Supreme Court · Jul 20, 1982

Since in this case the evidence of identification before the Grand Jury was prima facie incompetent, it is clearly distinguishable from Oakley (supra). … eases involving insufficiency of Grand Jury evidence which may be cured by a conviction based on sufficient trial evidence (see CPL 210.30, subd 6), it would appear that defective Grand Jury proceedings might not be so immunized

Cortland Wagon Co. v. Lynch

31 N.Y.S. 325 · New York Supreme Court · Dec 7, 1894

However, as nothing appears in the body of the note or in the signature placed thereto indicative of any liability on the part of the defendant, the plaintiff failed to establish a cause of action against her. Taft v. … Unless the promise purports to be by the corporation, it is that of the persons who subscribe to it; and the fact of adding to their names an abbreviation of some official title has no legal signification as qualifying their

In re Sipal Realty Corp.

16 Misc. 2d 827 · New York Supreme Court · Dec 3, 1958

equipment and notify the department that the unit will thereafter be used for business instead of residential purposes and that such use is lawful and all general requirements of law and the Department of Buildings are met to qualify … The record clearly indicates that floors 7 through 12 were hotel apartments operated with hotel service and therefore the rental naturally was different than that of the ordinary residential unit.

Brown v. Bunselmeyer

101 Misc. 625 · New York Supreme Court · Dec 15, 1917

State Const, art. 9, § 1); and it is clearly within its province to provide the necessary legislation to accomplish that purpose. … The persons elected as members of such board shall be residents of the town and qualified electors at school meetings therein.

People ex rel. Third Avenue Railroad v. Gilroy

9 N.Y.S. 686 · New York Supreme Court · Apr 9, 1890

In considering the constitutionality of an act of the legislature, two well-established rules are to be observedl (1) Every presumption and intendment is in favor of the constitutionality of the act, and the courts wall not … It is not disputed that such a mere change may be made, but the authority to make changes in the construction of the road and road-bed, interpreted as sanctioning such construction as that intended by the relator, clearly

Benson v. Siemons

92 Misc. 509 · New York Supreme Court · Dec 15, 1915

The infant’s property should not be dissipated to such purposes except in cases where the parents are clearly unable to supply urgently needed requirements. … That duty should not be shifted to another court, however well qualified to perform it such court may be, *511 This court has, in my opinion, ample power to direct what disposition shall he made of the fund. Hang v.

P. S. & A. Realties, Inc. v. Lodge Gate Forest, Inc.

205 Misc. 245 · New York Supreme Court · Jan 7, 1954

Those representations as to the leases, tenants and rentals clearly were material and such as were intended and calculated and likely to influence a prospective purchaser and bring about a sale, and they clearly were relied … J., Dec. 21, 1953, p. 1517, col. 4), in which I made the broad statement that “ a bond and mortgage cannot be canceled in a suit to which the holder thereof is not a party ’ ’ without qualifying the statement, as I should

Fox v. SizeLand

170 Misc. 390 · New York Supreme Court · Nov 12, 1938

Such claim, if disputed, may be established in such action. … Botting and Anna Bot-ting as successors in interest and as duly qualified executrix of Lucinda C.

S.M.S. v. D.S.

54 Misc. 3d 779 · New York Supreme Court · Nov 18, 2016

The defendant makes reference to plaintiff’s failure to exercise “due diligence” and claims that since she was unable to detect his secretive unlawful behavior, he should now be immune from any consequences of that behavior … Moreover, the defendant’s sale of marital property and the expenditure of the proceeds of sale was clearly calculated to, and/or actually did, defeat, impair, impede, or prejudice the rights of the plaintiff.

Palmer v. Avery

41 Barb. 290 · New York Supreme Court · Apr 5, 1864

The opinion of Judge Marcy is mainly devoted to qualifying the rule announced in Whitney v. Peckham, ( 15 Mass. … An instance is there given where the universality of the rule was qualified, in Witham v.

Lewis v. Few

5 Johns. 1 · New York Supreme Court · Nov 15, 1809

The counsel for the defendant, aware of the odious nature of their proposition, qualify it by saying, that the publishers are liable to an action, in case of express malice. … It would be a most dangerous doctrine, and productive of the greatest licentiousness, if such meetings were to be considered as the people, and possessing the attributes and immunities of sovereignty.