Case law

Lange v. Benedict

15 N.Y. Sup. Ct. 362 · New York Supreme Court · Oct 15, 1876

To secure this immunity, it is sufficient that a case requiring judicial action is presented to the judge. (Harnan v. Brotherson, 1 Denio, 537 ; Landt v. Hilts, 19 Barb., 283 .) … It was simply voidable by the operation of the restriction subsequently imposed upon the principle established by the case of Basset v.

Kinsey v. Bailey

16 N.Y. Sup. Ct. 452 · New York Supreme Court · Dec 15, 1876

Horton , if it does not overrule this proposition, so far qualifies it that there is practically nothing left of it. … established.

Metropolitan Elevated Railway Co. v. Dominick

8 N.Y.S. 151 · New York Supreme Court · Dec 2, 1889

He would have us qualify the expression “maybe required” by the preceding words “as has been taken,” and thus make the paragraph read: “So much of the property which may be required as has been taken.” This will not do. … The court can then determine whether they have a right to take the property sought for the purposes set forth, and, if they have, to indicate clearly to the commissioners the scope of the easement, .and the precise subject

Savarese v. Crosson

150 Misc. 2d 180 · New York Supreme Court · Aug 13, 1991

In defining the term "employee,” the ADEA specifically excludes "any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer … The decision of the United States Supreme Court in Gregory v Ashcroft (supra) clearly establishes that the plaintiffs, Beldock and Savarese, are excluded from the protection of the ADEA.

Nottbeck v. Wilks

4 Abb. Pr. 315 · New York Supreme Court · Apr 15, 1857

And may not the same end, lawful as it clearly appears, be attained in a lawful manner. … Boreel, and the three remaining lots (subject to revocation) jointly and in a qualified manner to the other three sisters. The result, then, is, that a decree should be entered declaring that Mrs.

People v. Lozano

107 Misc. 2d 345 · New York Supreme Court · Dec 14, 1980

It was established that had the hernia operation not been performed the victim would probably have survived the operation. … The court stated that the evidence “clearly established that the defendant’s conduct caused the victim’s death”. (People v Roberts, 73 AD2d 954 .)

A. S. Beck Shoe Corp. v. Johnson

153 Misc. 363 · New York Supreme Court · Oct 31, 1934

They established themselves at a new office address under the name of the “ Picket Committee of the Citizens League for Fair Play.” It is not shown that they had any authority to use this name. … The basis for this assumption has not always been clearly defined. It obviously rested upon the damage which was done to the complaining employer.

Slewett & Farber v. Board of Assessors

97 Misc. 2d 637 · New York Supreme Court · Dec 29, 1978

The new law is construed by the county as giving de jure recognition of the de facto system that prevails throughout the State and therefore immune from attack on constitutional grounds. … It provides for a new standard of assessment, and is no less substantive than section 306 whose provisions it temporarily replaces insofar as qualified jurisdictions are concerned.

People v. Sanchez

18 How. Pr. 72 · New York Supreme Court · Oct 15, 1859

The term body, in such a connection, clearly means only that part of the human frame to which the head and limbs are attached. … That these minute particulars are not matters of substance is evident from the well established rule that, if averred one way in the indictment, they may be proved another way on the trial.

Dutille v. Dutille

52 Misc. 3d 303 · New York Supreme Court · Mar 4, 2016

property would remain separate property upon dissolution of the marriage “must be clearly evidenced by the writing.” … They simply agreed on its approximate value and established a method for distributing the wife’s share at a subsequent time.

In re the Judicial Settlement of the Account of Proceedings of Hayden

84 N.Y. Sup. Ct. 219 · New York Supreme Court · Apr 15, 1894

, as herein-before provided, revert to my estate, shall constitute my residuary estate, and I hereby give, devise and bequeath the same, wherever' situated, unto my executors hereinafter named, or such of them as. shall qualify … And we think that upon an examination of the will in question, such was clearly the intention of the testator.

Brown v. University of Rochester Strong Memorial Hospital

77 Misc. 2d 221 · New York Supreme Court · Mar 12, 1974

The question then becomes, whether or not in this particular action, the court should exercise the discretion and authority clearly made available to it by statute. … Nor does it offend the long-established custom followed by the Bar in many areas of our State.

Milhau v. Sharp

17 Barb. 435 · New York Supreme Court · Jan 3, 1854

Whether the corporation of New-York has an estate in fee, either absolute or qualified, in the streets of that city, or a mere right of way, held for the public use, is quite immaterial, for the purposes of this action. … By the Dongan charter, it was invested with “full power, license and authority to establish, appoint, order and direct the establishing; making, laying out, ordering, amending and repairing of all streets, lanes, alleys,

People v. Placencia

157 Misc. 2d 397 · New York Supreme Court · Mar 16, 1993

Defendant moves to dismiss the indictment on the grounds that the evidence before the Grand Jury was legally insufficient to establish the offenses as charged, and further, that the Grand Jury proceedings were legally defective … Clearly, these prior allegations made in the civil proceeding constituted extraneous and entirely inadmissible evidence which should never have been presented to the Grand Jury.

Vincent v. Thompson

79 Misc. 2d 1029 · New York Supreme Court · Nov 18, 1974

At the end of its defense presentation, Parke Davis sought to establish through recalling Dr. … Nor did it preclude knowledge, actual or chargeable, by any Parke Davis doctor or other qualified research specialist.

Chernik v. Department of Health

69 Misc. 2d 710 · New York Supreme Court · Mar 16, 1972

Phrased another way, the property in animals is only qualified and not such as to override the police power of the State. … This is clearly insufficient to create any legitimate triable issue.

Carey v. International Brotherhood of Paper Makers

123 Misc. 680 · New York Supreme Court · Sep 20, 1924

They depend upon services rendered, so that the argument to establish a property right upon this ground is without foundation. … It is clearly established as a part of the law of contract that one employed for a definite period may not, excepting in accordance with the terms of the contract, or for reasons recognized by the law, be discharged from

In re Cooper

35 N.Y. Sup. Ct. 515 · New York Supreme Court · Jan 15, 1883

The commissioners thus appointed, who were, duly qualified, organized and took such proceedings, that on or about December 19, 1881, thoir preliminary report was filed for the inspection of parties in interest, and a notice … 1874), which provides that “the legislature shall not pass a private or local bill in any of the following cases: x x * x * • * x Granting to any private corporation, association, or individual, any exclusive privilege, immunity

White v. Berkshire-Hathway

195 Misc. 2d 605 · New York Supreme Court · Mar 25, 2003

In order to qualify as a public controversy, the outcome of the dispute must be one “which affects the general public or some segment of it in an appreciable way” (Krauss v Globe Intl., 251 AD2d 191, 192 [1998] [citations … Here plaintiff’s involvement in the nursing home industry and in the revitalization of the community, as plaintiff claimed, were clearly disputes affecting the elderly population and the general public as well.

People v. Rivera

141 Misc. 2d 14 · New York Supreme Court · Aug 31, 1988

Even assuming the vitality of this 82-year-old decision, it is clearly distinguishable from the situation here. Here, the child witness is material and indeed offers the only evidence linking the defendant to the crime. … At the same time, the Legislature might also consider reducing the age below 12, when such competency determinations should be required. *18 Children who are 10 or 11 years of age generally have no trouble qualifying as sworn