Case law

Everitt v. Everitt

41 Barb. 385 · New York Supreme Court · Mar 8, 1864

The 74th section of the statute requires that it shall be proved to have been in existence at the time of the death of the testator, and that its provisions shall be clearly and distinctly proved by at least two credible … wrongfully taken or appropriated after his death, until the appoint *394 ment of his personal representative, no good reason can he assigned why it should run against a proceeding which has no other object or purpose but to qualify

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

Cenzon-DeCarlo v. Mount Sinai Hospital

39 Misc. 3d 703 · New York Supreme Court · Dec 7, 2010

The plaintiff also sought an injunction (1) prohibiting Mount Sinai from receiving any further qualifying federal funds under 42 USC § 300a-7 (c) until it demonstrated compliance with the Church Amendment’s nondiscrimination … provisions; (2) requiring Mount Sinai to disgorge qualifying federal funds it received under 42 USC § 300a-7 (c); and (3) ordering Mount Sinai to restore plaintiffs access to on-call surgical team assignments and to refrain

McCrory v. Village of Mamaroneck

34 Misc. 3d 603 · New York Supreme Court · Oct 27, 2011

And in her e-mail of January 14, 2011 (see record exhibit 16), petitioner clearly stated that she was seeking only materials that had not been designated “CONFIDENTIAL” pursuant to the confidentiality order and that she was … However, “none of the statutory exemptions [under Public Officers Law § 87 (2)] empowers a government agency to immunize a document from FOIL disclosure by designating it as confidential, either unilaterally or by agreement

Jenkins v. Kuhne

57 Misc. 30 · New York Supreme Court · Dec 15, 1907

That the conduct of the respondent in disobeying this writ was deliberate and intentional was also conclusively established out of his own mouth upon the witness stand. … But if there was any question about the power of the court to punish as for a criminal contempt, clearly it exists to punish for a civil contempt.

In re Village of LeRoy

23 Misc. 53 · New York Supreme Court · Mar 15, 1898

except" upon the contingency of there being a deficiency in the revenue derived from operating it. - ■ The difference between the two. propositions or questions is radical, and the language used in giving expression to them clearly … There was an entire failure, on the part of the water commissioners, the trustees and the qualified voters, to comply with the provisions of chapter 680 of the Laws of 1894.

Thomas v. Snyder

28 N.Y.S. 877 · New York Supreme Court · May 18, 1894

in the former action also establishes that fact. … If such was the case, then clearly the defendants were not liable for fraud in making the representation alleged.

People v. Squillante

18 Misc. 2d 561 · New York Supreme Court · Mar 9, 1959

First, defendants urge that the only money paid was for services rendered, the amount paid was the same as that paid *563 to the previous contractor, the services were, therefore, clearly worth the amount paid, and consequently … Recognizing the problem thus presented, the People introduced testimony intended to show a relationship between Vincent Squillante and most of the other companies on the list or to show that the remaining companies were not qualified

In re the Citizenship Application of Reilly

73 Misc. 2d 1073 · New York Supreme Court · May 15, 1973

The petitioner had previously been advised by the Naturalization Service in a letter addressed to him at his home to appear in court On that day and was further informed that; “ If the Judge finds you qualified for naturalization … But it authorizes Congress to establish a uniform rule therefor. Art. I, § 8, cl. 4.

Wright v. Grant

6 N.Y. St. Rep. 362 · New York Supreme Court · Feb 15, 1887

In any view the defendant should have qualified his request by limiting it to the accusation of the assault culminating in a rape. But even as to that the rule is not applicable in *364 civil cases. … And the court said that in a civil action the plaintiff was not bound to establish any fact so clearly that it should be free from doubt. The rule in criminal cases is familiar. Mr.

Stolow v. Hearst Corp.

201 Misc. 504 · New York Supreme Court · May 25, 1951

Buie 278, therefore, it seems to me, cannot remove the qualified privilege accorded by statute in section 337 of the Civil Practice Act. … New York Evening Post (supra) whereby it is clearly established that the statutory privilege in this State attaches even to reports of ex parte proceedings in courts not of record and to pleadings and other papers filed in

In re Clapp

20 How. Pr. 385 · New York Supreme Court · Jan 15, 1861

The committee produced no order from the court, giving them costs in the proceedings, and the referee clearly had no authority to make such allowance. … In this view of the power of the court, I am clearly of the opinion that these accounts of the committee ought to be allowed and paid out the fund in their hands.

Miller v. New York State Department of Corrections & Community Supervision

33 Misc. 3d 761 · New York Supreme Court · Sep 9, 2011

On his application after the revocation, the court held that Ordonez had qualified for administrative termination of his parole by his service of more than three years of unrevoked parole at the time of the enactment of section … Clearly, one’s parole cannot be revoked absent a proceeding which addresses these societal interests.

Giorgio v. Lang

37 Misc. 2d 1006 · New York Supreme Court · Sep 5, 1962

Here, the petitioners seek to deprive employees in the same department of the opportunity of taking a promotion examination, which— for all that appears on this submission — is designed to test the merit and fitness of qualified … Moreover, it is clearly implicit in what the Civil Service Commission has done — at the request of the Commissioner of Welfare — that there has been such *1012 determination.

Rusciano & Son Corp. v. Mihalyfi

165 Misc. 932 · New York Supreme Court · Jan 17, 1938

It is only when the language used goes beyond the bounds of reason and is so clearly impertinent and needlessly defamatory as not to admit of discussion that the privilege is lost. … Finally, the defendant has utterly failed to establish the burden of proving pertinency, relevancy or materiality, or his belief therein. This brings us to the question of damages.

Flood Abatement Commission of Olean v. Merritt

94 Misc. 388 · New York Supreme Court · Mar 15, 1916

. *391 The question presented is, whether the plaintiff, under the law and upon the facts, has established the . right to a judgment that the condemnation of the real property of the defendant is necessary for the public … It is provided by chapter 717 of the Laws of 1915 that the plaintiff and superintendent of public works shall not “ proceed with their duties under that act except to qualify, * * * unless or until a majority of the qualified

Markham Gardens L.P. v. 511 9th LLC

38 Misc. 3d 325 · New York Supreme Court · Sep 10, 2012

The 511 defendants argue in opposition to Markham’s motion that the parties intended to complete the transfer by September 30, 2008 and by setting that date “as the last possible day to close, the parties clearly intended … Markham also failed to establish that FSA breached the set-aside agreement to which it was a party (exhibit E to motion). .

Martinez v. Hitachi Construction Machinery Co.

15 Misc. 3d 244 · New York Supreme Court · Aug 18, 2006

Until defendant establishes the absence of defendant’s own, direct negligence, or plaintiff fails to establish that independent negligence at trial, his claim under Vehicle and Traffic Law § 388 (1) is not barred by Workers … In addition, when the operator brought a specific danger and need for protective measures to defendant’s attention, defendant could have foreseen clearly that his use of the excavator, particularly in the early mornings and

Weiser v. Grace

179 Misc. 2d 116 · New York Supreme Court · Aug 31, 1998

Again, even if the SLC’s materials qualify for work product protection, they may still be discoverable if the shareholder seeking such discovery from the corporation can demonstrate “good cause”. … Plaintiffs have also established that the communications do not necessarily disclose counsel’s advice to the SLC regarding this litigation.