Case law

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

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.

Black v. New York State Office of Mental Retardation & Developmental Disabilities

20 Misc. 3d 581 · New York Supreme Court · Mar 28, 2008

Petitioner also asserts a second claim that she is a recovered/ recovering drug and alcohol addict and, therefore, is a “qualified individual” under Executive Law § 296 (1) (a) and that OMRDD discriminated against her by … It is well established that judicial review of an administrative determination is limited to whether such determination was arbitrary or capricious or without a rational basis in the administrative record (see Mankarios v

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

Dunham v. Ottinger

127 Misc. 683 · New York Supreme Court · Jul 23, 1926

The purpose of the Legislature to grant these unusual powers to the Attorney-General is clearly apparent. … Where the method of enforcement is assailed, it would be equally unwise, unless the court can clearly see a procedure established that should not be allowed to be conducted. “ The test of the power of Congress is not the

County of Suffolk v. Love'M Sheltering, Inc.

27 Misc. 3d 1127 · New York Supreme Court · Apr 19, 2010

It is well established that to prevail on a motion for preliminary injunctive relief, the movant must clearly demonstrate a likelihood of success on the merits, the prospect of irreparable harm or injury if the relief is … Consequently, a clear legal right to relief which is plain from undisputed facts must be established (see Matter of Wheaton/TMW Fourth Ave., LP v New York City Dept. of Bldgs., 65 AD3d 1051 [2009], supra; Gagnon Bus Co.,

Bernacki v. Bernacki

47 Misc. 3d 316 · New York Supreme Court · Jan 14, 2015

As the elements of interests “materially adverse” and the “same or a substantially related matter” are clearly met on this application and are not disputed, the court turns to the other elements of the motion which are “disputed … instead of lagging behind) in terms of addressing what has long been deplored as an unethical practice, yet one which is not strictly prohibited by the Model Rules: a client shopping her case around town to preclude all the qualified

Anthony v. Syracuse University

130 Misc. 249 · New York Supreme Court · Aug 17, 1927

of study and training in domestic science or home economics, which, if successfully pursued for a period of four years, would have resulted in her graduation in the class of 1927 with the degree of bachelor of science, qualified … The University clearly has a right to refuse matriculation to any applicant for admission. But this rule relates to attendance after admission.

In re Stewart's Estate

16 N.Y.S. 388 · New York Supreme Court · Nov 13, 1891

Clinch* qualified as executors. The questions arising up on this appeal are presented by the last codicil to the will. … Upon the question of interest we think the learned surrogate was clearly right.

Civil Service Employees Ass'n v. State of New York Public Employment Relations Board

14 Misc. 3d 199 · New York Supreme Court · Sep 22, 2006

From the submissions, the parties do not dispute that the records sought by CSEA qualify as quality assurance records as defined by Mental Hygiene Law § 29.29. … serving in such a voluntary procedure should *208 rightly expect secrecy in the deliberations of the group” (Letter of Dental Society of State of New York, Bill Jacket at 7); and, “It is only appropriate to complement the immunity

Buchwalter v. Dayton Management Corp.

139 Misc. 2d 297 · New York Supreme Court · Mar 17, 1988

Clearly, then, at least one of *301 the purposes of the law was to protect the witness, the protected class spoken of in both General Teleradio (supra) and in Burns Jackson (supra). … If it does, a Rule 3211 (a) (7) motion does not lie and the pleading is immune from it.” (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3013:6, at 614.)

People ex rel. Wood v. Lacombe

41 N.Y. Sup. Ct. 401 · New York Supreme Court · Jan 15, 1885

Usage has established a similar construction of leases of lands for terms of years from a specified day. … covered at the time the statute was enacted all officers not otherwise provided for, whether commissioned directly by the people or by some other body or officer authorized by the people to make the selection, and that is clearly

Lambadarios v. Kobren

191 Misc. 2d 86 · New York Supreme Court · Feb 5, 2002

Clearly, the allegations against Dr. … A doctor may be qualified to testify based upon long observation or actual experience without an actual study (Meiselman v Crown Hgts., supra).

Orlando v. Board of Supervisors

53 Misc. 2d 377 · New York Supreme Court · Jul 19, 1966

Plaintiffs bring this action as citizens, property owners and taxpayers qualified to vote in the Town of Le Roy, State of New York. … It is now clearly established by Federal mandate that legislative apportionment must comply with standards which provide equal protection of the laws (Baker v. Carr, 369 U. S. 186 [1962]; Reynolds v. Sims, 377 U.

People v. Marahan

81 Misc. 2d 637 · New York Supreme Court · Apr 15, 1975

Although the Zenger case did not immediately establish freedom of the press, its outcome was of great importance. … Clearly, he was not willing to rely upon appellant to shield his identity from the authorities.

People v. Ross

12 Misc. 3d 755 · New York Supreme Court · May 2, 2006

If defendant had admitted to selling aspirin, which is clearly an over-the-counter drug, then there would be no violation of *761 the criminal diversion statute. … However, the court qualified this ruling with “one proviso . . . in the case of a document sought to be used under the business records exception of CPLR 4518 (a), its admissibility must be apparent on the face of the document

People v. Barrows

177 Misc. 2d 712 · New York Supreme Court · Jun 9, 1998

The first three or four were nude women or girls, followed by a number of clearly pornographic photographs. … The live courtroom demonstration established that there is much anonymity, uncertainty and lack of control in using the Internet.

Greagan v. Buchanan

15 Misc. 580 · New York Supreme Court · Jan 15, 1896

Davidson, was- appointed and qualified as administrator of his estate and as" guardian of the person and estate of the son in January of the same year. … It is conclusively established that the parents of Edward T.

Rodriguez v. OD&P Construction, Inc.

194 Misc. 2d 284 · New York Supreme Court · Nov 22, 2002

A Novel Nuance To a Section 240 Issue Must an injured worker actually fall from a scaffold or a ladder in order to qualify for section 240 (1) protection? … The court rejects defendant’s argument that only a fall from the ladder would qualify a worker for the protection offered by section 240 (1).

Tabak v. Lawyers' Fund for Client Protection

166 Misc. 2d 502 · New York Supreme Court · Aug 28, 1995

By determination letter dated June 30, 1993, respondents denied petitioner’s statement of claim on the ground that his claim did not qualify for reimbursement. … Zweibon and that the Lawyers’ Fund for Client Protection was established to reimburse clients such as himself who are the victims of their attorney’s dishonesty.