Case law

Halikias v. Warburg Dillon Read LLC

195 Misc. 2d 447 · New York Supreme Court · Jul 6, 2000

Moreover, the term ‘disregard’ implies that the arbitrator appreciates the existence of a clearly governing legal principle but decides to ignore or pay no attention to it.” … Corp. ( 205 AD2d 388, 390 [1st Dept 1994] [“(A)n implied contractual relationship may be established by conduct of the parties, as well as by express agreement * * * The course of dealing between the parties evinces an implied

CBS Outdoor, Inc. v. City of New York

50 Misc. 3d 283 · New York Supreme Court · Sep 8, 2015

The court in Witherspoon analyzed the exemption from local law under Public Authorities Law § 1266 (8) as a question of governmental immunity from zoning regulations, and therefore applied a test of governmental immunity. … If the function be proprietary then the immunity may not apply.” (Id. at 321.)

Gould v. Gould

118 Misc. 576 · New York Supreme Court · May 15, 1922

Such proceeding would come clearly within the sound and sensible rule that if full relief can be had in one suit, no other shall be allowed (Groshon v. Lyon, 16 Barb. 461 ; Foote v. … a valid spendthrift trust, immune from the attack of creditors.”

Mental Hygiene Legal Service v. Maul

10 Misc. 3d 348 · New York Supreme Court · Oct 25, 2005

While the title includes Lynnette T. as a petitioner, the request for the information is clearly made by MHLS. … The establishment of cumulative record keeping of incident reports which identifies patient and employee involvement. “3.

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.

In re Weinstock

191 Misc. 2d 143 · New York Supreme Court · Mar 11, 2002

This section clearly refers to the look back’ period of time during which the subject was hospitalized immediately preceding the filing of the AOT petition. … A patient should not qualify for an ACT order if, while in an acute state, he refuses treatment upon first admission to the hospital and commits an act of violence.

Dan v. Simonetti

80 Misc. 2d 399 · New York Supreme Court · Jan 22, 1975

The first is whether section 79-h of the Civil Rights Law guarantees professional journalists and news gatherers employed by a TV station absolute immunity from the compulsion to testify as to criminal matters they observed … People ( 69 Misc 2d 256, 261 , affd. 39 A D 2d 864): “ Thus, in order to raise successfully the claim of privilege, two essential elements must be established: first, the information or its sources must be imparted to the

Anti-Defamation League of B'nai B'rith v. Arab Anti-Defamation League

72 Misc. 2d 847 · New York Supreme Court · Dec 29, 1972

The record here consists of the pleadings, including the verified complaint which “ qualifies as an affidavit attesting to the claim ” (CPLR 3215, subd. … Besides, the case-by-case approach provides the necessary periodic review of the present relevance 'and economic conditions in support of legislatively created exclusive rights and immunities which tend to become perpetual

Hogan v. Rosenberg

58 Misc. 2d 585 · New York Supreme Court · Dec 30, 1968

S. 373 ), to the effect that crimes punishable by six months’ imprisonment do not require a jury trial if they otherwise qualify as petty offenses. … In the instant matter, however, contrary to the contentions of petitioner and the petitioner-intervenor, it clearly appears that respondents Bowman and Puryear face the possibility of up to four years of imprisonment.

Carney v. Carney

54 Misc. 3d 411 · New York Supreme Court · Oct 4, 2016

proof to establish whether an applicant is able or unable to retain counsel. … The court assigns these burdens to the *435 applicant because he seeks a government benefit and should be required to establish a prima facie case of entitlement based on facts established at the hearing.

Savage v. Howard Insurance Co.

44 How. Pr. 40 · New York Supreme Court · Oct 15, 1872

They clearly explain, what kind of change which makes the policy void, viz.: one that divests the insured of all insurable interest in the property insured. … Thus construing this contract would be giving to every part of it a meaning, and that meaning consistent with every other part of the contract, and consistent also with established law.

Landers v. O'Connor

43 Misc. 2d 1040 · New York Supreme Court · Aug 17, 1964

divulging telephone conversations in violation of section 605 of the Federal Communications Act, inasmuch as a statute may not possess the sanction of a constitutional inhibition protecting against fundamental rights granting immunity … Even though, unless authorized by the sender, evidence obtained by intercepted wiretap would be clearly inadmissible in a federal court, Nardone v. United States, 1937, 302 U. S. 379 , 58 S. Ct. 275 , 82 L.

Park Ridge Hospital, Inc. v. Richardson

147 Misc. 2d 283 · New York Supreme Court · May 3, 1990

. *285 Plaintiff contends it has a contractual relationship with the Department of Social Services based upon the fact that the Department has accepted it as a qualified vendor of medical services. … Harlem Hosp. v Hilton, 136 Misc 2d 143 , affd 145 AD2d 302 ), a direct action even by the patient may be permitted where the agency fails to act and the record clearly establishes eligibility (see, Society of N. Y.

BM v. MM

24 Misc. 3d 1133 · New York Supreme Court · May 27, 2009

There appears to be no definitive holding on the issue of how many requests qualify as enough under existing case law. … Courts have recognized that there comes a time in such relationships where it would clearly be futile for one spouse to continue to ask the other to engage in sexual relations.

Schreck v. Schreck

205 Misc. 703 · New York Supreme Court · Jan 4, 1954

The reason for this policy is not that the agreement is finally binding and immune from attack everywhere, but that the decree which is entitled to full faith and credit under the mandate of the Federal Constitution (art. … Clearly the separation agreement containing provisions such as these could no more have been annulled in the prior divorce action, without the infant son being a party thereto than could the separation agreement which was

Dalton v. Educational Testing Service of Princeton

155 Misc. 2d 214 · New York Supreme Court · Aug 7, 1992

Disappointed with the results, which did not qualify him for a St. … As can be seen from the conflicting testimony of three well qualified document examiners, handwriting analysis is far from an exact science.

Center Square Ass'n v. Corning

105 Misc. 2d 6 · New York Supreme Court · Aug 1, 1980

Their papers in *10 support of the relief requested clearly establish an interest in the ongoing proceeding. They allege that the demolition of the premises at 116 Washington Avenue will affect Mr. … Accordingly, this court finds that sufficient standing has been established to allow the maintenance of this article 78 proceeding.

Harrison v. Salomon Bros.

156 Misc. 2d 341 · New York Supreme Court · Nov 16, 1992

Harrison further alleges that during her tenure at Salomon Brothers she received less in total compensation than equally or less qualified men for the same job, solely because she was a female. … By the written terms of Form U-4, Harrison clearly obligated herself to arbitrate all disputes between herself and Salomon Brothers.

Phalen v. Theatrical Protective Union No. 1

51 Misc. 2d 334 · New York Supreme Court · Jul 19, 1966

It seems to me necessarily to follow that the union must either surrender its monopoly or else admit to membership all qualified persons who desire to carry on the trade of magazine mailers. … It is further aware that in a previous decision it questioned the propriety of using the device of mandamus against xmincor *338 porated labor associations, stating: “In view of the clearly articulated purposes and limitations

Hudson River Telephone Co. v. Watervliet Turnpike & Railroad

15 N.Y.S. 752 · New York Supreme Court · Sep 9, 1891

While, therefore, the above must be the law of this case as to the street, in which both parties have, under the grants, equal immunity, it by no means follows that either party may permit its current, used properly for its-own … The referee finds, and the evidence clearly establishes, that the injury complained of is continuous and permanent; that by reason of the currents of electricity so escaping from the defendant’s tracks, etc., and of the currents