Case law

People ex rel. Fisher v. Morhous

183 Misc. 51 · New York Supreme Court · Feb 23, 1944

On the allegation of denial of due process of law, alone, it should be held that relator has failed to establish his claim. … Such an inference is clearly negatived in People ex rel. Carr v.

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.

Quirino v. New York City Transit Authority

60 Misc. 2d 634 · New York Supreme Court · Apr 10, 1969

The facts and circumstances upon which the claimed exception is based must be stated clearly, fully and unequivocally by someone with knowledge of the facts. … Co. (24 A D 2d 581), has also indicated that the immunity provided by CPLR *640 3101 (subd. [d]) applies only when the material is created solely in preparation for litigation.

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

Andrews v. Bruk

160 Misc. 2d 618 · New York Supreme Court · Mar 25, 1994

Thus, though the prima facie tort will fail once a separate independent tort has been established it becomes meaningful in those instances when the traditional independent tort fails to provide a remedy (Curiano v Suozzi, … Thus, clearly, the conduct that meets this strict standard is the exception rather than the rule.

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.

City Bank Farmers Trust Co. v. Bennett

159 Misc. 779 · New York Supreme Court · Mar 30, 1936

In the last-cited case the Appellate Division of this department clearly indicated the established practice of the courts in the following significant language: “It is the settled policy of our courts to permit a person having … A reading of the language of the trust agreement clearly shows that the donor sought to establish a perpetual trust the income from which was to be devoted to specifically designated charitable purposes.

People v. Barberi

12 N.Y. Crim. 423 · New York Supreme Court · Dec 15, 1896

It is not every form or degree of insanity that carries along with it immunity from punishment for wrongs committed. … If those facts are established, must it not be said that the crime of manslaughter is proven ?

Held v. State University

165 Misc. 2d 577 · New York Supreme Court · Apr 27, 1995

Education Law § 356 (3) (g) which empowers the college council to "make regulations governing the conduct and behavior of students” qualifies that power "[s]ubject to the general management, supervision, control and approval … Conviction may be grounds for suspension, which clearly suggests that conviction of offenses charged in a court may lead to suspension of the student.

Suffolk County Court Employees Ass'n v. Office of Court Administration

102 Misc. 2d 837 · New York Supreme Court · Mar 10, 1980

By order of the court dated November 15, 1979, Senior Court Clerks qualified to take the examinations were permitted to intervene and an order was entered permitting petitioners to take the examinations but restraining publication … Since the eligibility requirements here are at issue, have a rational basis and are clearly authorized by law, the petition must be dismissed.

Martin v. Bigelow

36 Misc. 298 · New York Supreme Court · Nov 15, 1901

After alleging that James Brown had been duly adjudged a bankrupt, and that plaintiff had been appointed trustee of his property, and had duly qualified, the complaint goes on to allege that on *299 November 12, 1900, and … This seems to clearly differ from the plain requirements of the statute by adding a condition not therein set forth.

Mervin & Goldsmith v. Kumbel

23 Wend. 293 · New York Supreme Court · May 15, 1840

It is prima facie proof of the sum admitted to be due. [ *302 ] If the admission be "shown to have been a mistake, if less than the judgment, or if nothing was in fact due, the record evidence is qualified or defeated accordingly … R. 508, 519, Clearly we hiyve no *304 such discretion under domestic statutes. These abound with provisions for serving process on goods, or by advertisements in newspapers.

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.)

Breer v. Sears, Roebuck & Co.

184 Misc. 2d 916 · New York Supreme Court · May 11, 2000

The manner of service attempted by plaintiffs here clearly cannot be sustained under Business Corporation Law § 307. … person authorized to make service within the state who is a resident of the state or by any person authorized to make service by the laws of the state, territory, possession or country in which service is made or by any duly qualified

People v. Colon

8 Misc. 3d 569 · New York Supreme Court · Mar 11, 2005

of the language, even with the elision, clearly advises and gives notice of the acts prohibited. … While there were other tracks on the CDRs, no evidence was introduced to establish that the sale of the other tracks was not authorized by their copyright holders.

Chiapperini v. Gander Mountain Co.

48 Misc. 3d 865 · New York Supreme Court · Dec 23, 2014

(See EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 [2005] [“(w)hether a plaintiff can ultimately establish its allegations is not part of the calculus in determining a motion to dismiss”]; Campaign for Fiscal Equity v … Motions to strike “are not favored, rest in the sound discretion of the court and will be denied unless it clearly appears that the allegations attacked have no possible bearing on the subject matter of the litigation.”

People ex rel. Lorillard v. Supervisors

15 Barb. 607 · New York Supreme Court · Sep 24, 1853

The words unjust and wrongful may be very proper to qualify facts stated, but they cannot supply their place. … Clearly it was not Compulsory upon the assessors, under the circumstances, to reduce the assessments.

Yellow Taxicab Co. v. Gaynor

82 Misc. 94 · New York Supreme Court · Aug 15, 1913

The statutory authority of the board of aldermen to enact the ordinance is clearly set forth in the Greater New York Charter. … It is difficult to see how the legislature could have expressed more clearly a direct grant of power.

Silver v. Pataki

179 Misc. 2d 315 · New York Supreme Court · Jan 7, 1999

However, those rules cannot immunize or withdraw the subsisting question of constitutional law-making power from judicial review.” *320 In two Third Department cases, legislators were found to have standing and capacity to … question presented by the instant motion as to the standing of the plaintiff as Speaker and a member of the Assembly to challenge the 55 vetoes may not be specifically answered by the foregoing authorities, the cases have clearly

Menzel v. List

49 Misc. 2d 300 · New York Supreme Court · Feb 10, 1966

Similar directions were given where the ownership could not be clearly established. … Re, Developments in Sovereign Immunity, 1 N. Y. L. F. 160, 201 [1955].) B.