Case law

P. & A. Carting Co. v. City of New York

7 Misc. 2d 815 · New York Supreme Court · Nov 2, 1956

Their recommendation was that the city treat all commercial establishments alike and discontinue its free service to commercial establishments located in residential buildings. … Div. 345 ) cited by plaintiffs, is clearly distinguishable on several counts.

Birdsall v. Phillips

17 Wend. 464 · New York Supreme Court · Oct 15, 1837

On the trial, the claim of the plaintiff below (as this court thought from the evidence) was established to be that of a mortgage, against the defendant as mortgagor. … As the jury were most clearly right in disregarding the lease for life, there remains no foundation for any of the other points.

Universal Credit Co. v. Knights

145 Misc. 876 · New York Supreme Court · Dec 15, 1932

It is well established as a general rule that the process, judgment or order of a court affords complete protection to a sheriff or constable from liability for any proper or necessary act done in its execution. (35 Cyc. … Clearly not; and if Hoffman’s possession under such circumstances would not be wrongful how could that of the sheriff?

Colonial Motor Coach Corp. v. Cayuga Omnibus Corp.

137 Misc. 199 · New York Supreme Court · May 10, 1930

Gaiser, 109 Misc. 45 ): “ The legislature has clearly recognized the necessity of vesting in the public service commission authority to pass upon the question as to the convenience of and necessity for such competing lines … The question remains, is the plaintiff corporation in a position to Seek the aid of this court in equity to stop the illegal omnibus operation by the defendant until it shall have qualified under the statute?

People ex rel. Thomas G. Clarkson Memorial College of Technology v. Haggett

191 Misc. 621 · New York Supreme Court · Feb 24, 1948

It is not questioned that it qualifies to claim exemptions from taxation under subdivision 6 of section 4 of the Tax Law. … When that qualification is established, then a reasonable, rather than a strict, construction is called for.

State v. William F.

44 Misc. 3d 338 · New York Supreme Court · May 13, 2014

There, the Court held that “[i]n order to qualify for the ‘professional reliability’ exception, there must be evidence establishing the reliability of the out-of-court material” (citations omitted). … There must be evidence establishing the reliability of the information; and 3.

People v. Garcia

163 Misc. 2d 245 · New York Supreme Court · Nov 15, 1994

peremptory challenges and also considering that the instant issue had not been raised as a challenge for cause (where it should have naturally arisen), and the fact that the prospective juror, in voir dire, was articulate and clearly … Accordingly, the court finds that the prospective juror in this case is qualified to serve and that the racially neutral explanation advanced by defense counsel is insufficient and unsupported by a readily apparent basis

Sentenne v. Kelly

13 N.Y.S. 529 · New York Supreme Court · Mar 13, 1891

In that same case Crowder, J., says: “The words ‘ as soon as possible ’ clearly meant * as soon as you possibly can.’ … J., says: “By the words ‘as soon as possible' the defendants must be taken to have meant that they would make the ‘ gun ’ as quickly as it could be made in the largest establishment with-the best appliances.

People v. Cefaro

45 Misc. 2d 990 · New York Supreme Court · Apr 8, 1965

against the moving party ’ \ The words “ the property shall be restored followed by the words that it shall not in any event ‘ ‘ be admissible in evidence in any criminal proceeding against the moving party”, would seem clearly … S. 257, 261 ): “ In order to qualify as a 1 person aggrieved by an unlawful search and seizure ’ one must have been the victim of a search or seizure, one against whom the search was directed, as distinguished from one who

Van Dyne v. Thayre

19 Wend. 162 · New York Supreme Court · Jan 15, 1838

against his widow as secondary evidence of the mortgage, put the defence on the simple and consistent ground that the mortgagee’s heirs having entered under the mortgage, and the defendant claiming under them, his title was clearly … The upshot is, that the mortgagor released all his right in the equity of redemption, and the heirs enter under an absolute instead of a qualified title. The dispute is about words.

Siwek v. Mahoney

85 Misc. 2d 27 · New York Supreme Court · Feb 11, 1976

The Court of Appeals very clearly reviewed the entire issue in Kovarsky v Housing & Development Admin., City of N. … In establishing 5,000 as a cutoff for "not in person” or "in person” application, the Constitution has created two uniform classes of people.

Iverson v. Iverson

42 Misc. 2d 338 · New York Supreme Court · Feb 14, 1964

Plaintiff, as a “New York" *340 wife, qualifies for, such protection (Vanderbilt v. Vanderbilt, 1 N Y 2d 342, affd. 354 U. 8. 416). … The Appellate Division, First Department, stated the following in its decision in the Vanderbilt case (1 A D 2d 3, 13, supra): “ Clearly, before maintenance may be ordered under section 1170-b, a wife must establish all the

Delta Chemical Manufacturing Co. v. Department of General Services

106 Misc. 2d 617 · New York Supreme Court · Jul 11, 1980

Public policy, as enunciated in section 103 of the General Municipal Law dealing with public contracts, clearly makes sealed competitive bidding the norm for public procurement. … Such a practice clearly leads to open suspicion of favoritism and encourages the practice of “sharpening the pencil” which can only be harmful in the long run.

Clarke v. Dutcher

9 Cow. 673 · New York Supreme Court · Aug 15, 1824

The evidence clearly shows that he has not; and the plaintiff below, therefore, is not entitled to recover. … Although there are* a few dicta of eminent judges to the *716 contrary, I consider the current and weight of authorities as' clearly establishing the position, that where money is paid with a full knowledge of all the facts

Gause v. Boldt

49 Misc. 340 · New York Supreme Court · Feb 15, 1906

The plaintiff seeks in this action both to establish his claim, as a creditor, against the Commonwealth Trust Company, and to enforce the statutory liability of its stockholders. … We think the courts should not extend the exception, beyond its present limits, unless, in possibly a new case, clearly within the principle of the decisions already made.”

Slater v. Slater

46 Misc. 332 · New York Supreme Court · Feb 15, 1905

The widow of decedent, his son and James Slater were the executors named in said will and duly qualified as such. … It clearly appears, as in the minds of all the parties, that the real consideration for the mother’s family agreement was to be the son’s signing the store agreement.

Von Rhade v. Von Rhade

2 Thomp. & Cook 491 · New York Supreme Court · Jan 15, 1874

For the direction was, that the summons in the action should be published, and the fact that the order recited that a copy of it was annexed, when in fact it was not, in no manner qualified or rendered that direction invalid … To admit the proof of the misconduct established strictly required a supplemental complaint. Code, § 177.

Board of Education of Union Free School District No. 2 v. Pace College

50 Misc. 2d 806 · New York Supreme Court · Jun 16, 1966

The court believes that, under the circumstances here presented, the facts essential to the disposition to be made herein are sufficiently established to warrant granting summary judgment to the defendant dismissing the petition … As for the fact that the land in question is still vacant, this factor will not here require a finding that it is not devoted to *811 public use since it clearly appears upon the motion that the land was acquired for, and

Campbell v. Lindsay

78 Misc. 2d 841 · New York Supreme Court · Jun 19, 1974

It was clearly recognized that arbitration was merely one of the possible avenues of procedure. … In Crowley, the claimed improper reassignment of personnel clearly *847 fell within the scope of grievances as set forth in the Administrative Code and in the collective bargaining agreements.

Beadleston v. Alley

7 N.Y.S. 747 · New York Supreme Court · Dec 10, 1889

On the contrary, they employed their own counsel; and, as I judge, pretty clearly •drew the distinction between their position and that of the plaintiff. … Indeed the learned trial judge had clearly expressed grave doubt about his conclusion to sustain the action at all.