Case law

S. S. & B. Live Poultry Corp. v. Kashruth Ass'n of Greater New York, Inc.

158 Misc. 358 · New York Supreme Court · Jan 27, 1936

The defendant’s witnesses say yes, if justified by necessity, and that this necessity has been established. The plaintiff has not established the contrary and so fails on this point. … Had there been but one organization instead of two, all the acts complained of would clearly be the result of steps taken by a religious body.

Anonymous v. Board of Examiners of the Board of Education

65 Misc. 2d 581 · New York Supreme Court · Nov 30, 1970

This is qualified by the subsequent statement that the petitioner’s “personal conduct in the future is still very much up to him.” … This statement clearly highlights the seriousness of the problem.

In re the Accounting of Central Hanover Bank & Trust Co.

203 Misc. 749 · New York Supreme Court · Nov 24, 1952

With this established premise we consider the so-called exculpatory clauses. … For the reason already stated, it is unnecessary to decide this issue; in any case, the exculpatory clause gives immunity here (Benton v. Safe Deposit Bank, 255 N. Y. 260 ).

Wetmore v. Wetmore

8 Misc. 51 · New York Supreme Court · Apr 15, 1894

Y. 248 , it was held that the return of an execution unsatisfied was not necessary where the situation was such as to render impossible the issuance of such execution, and it seems to me that the principle established in … Justice Babbett clearly intimates that, in his opinion, a court of equity has power to enforce such a judgment, not treating the wife sand children as mere judgment creditors. And in his opinion I fully concur.

Gillespie v. Broas

23 Barb. 370 · New York Supreme Court · Sep 1, 1856

erection of a court house, jail and clerk’s office for said county, upon a site selected by the board of supervisors, under a contract with the county by the board, on the ground that the supervisors had no authority to establish … It cannot, with propriety, be contended that the questions which I have considered are so clearly with the defendants as to justify the court in dissolving the injunction order, before the final hearing.

Laborers Union Local 1298 v. Frank L. Lyon & Sons, Inc.

66 Misc. 2d 1042 · New York Supreme Court · Jun 30, 1971

[d]) clearly *1049 implies (see Schenck v. Barnes, supra) that “ A disposition in trust for the use of the creator is void as against the existing or subsequent creditors of the creator.” … Thus, -at least 10% and perhaps more is within reach of process, and since the purpose of the statute is “ to that extent [to] destroy the immunity of the beneficiary of a spendthrift trust from claims of his creditors ”

Taylor v. Baldwin

10 Barb. 582 · New York Supreme Court · Apr 15, 1850

And in a clear case the court will reform a contract and make it express the clearly established intent of the parties. (Story’s Eq. Jur. § 1531. Meads v. Lansing, Hopk. 124. Webb v. Rice, Dwight v. Pomeroy, supra. … It is sufficient to say that the equities are clearly against Mr.

Watertown National Bank v. Bagley

62 Misc. 380 · New York Supreme Court · Feb 15, 1909

Meanwhile the receiver of the Stiles Press Company had duly qualified under the order appointing him and had entered upon the discharge of the duties of his trust. … It was clearly intended to convert the conditional right of the creditor to sue on the performance of the condition into an absolute liability which could be enforced *385 after the termination of the receivership, irrespective

People v. Acklin

102 Misc. 2d 596 · New York Supreme Court · Jan 16, 1980

"Once it has been established to the satisfaction of the trial court that a witness who is about to testify or has testified suffers from a material physical or mental infirmity which affects his or her ability to communicate … In my view, however, such testimony, even if given by an expert qualified to render this type of opinion, would constitute a clear invasion of jury prerogative.

378 Realty Corp. v. New York City Rent & Rehabilitation Administration

39 Misc. 2d 30 · New York Supreme Court · May 3, 1963

In that connection the court observed (p. 398): “ In order to qualify a hotel must have been a hotel on two dates: on March 1, 1950, and now. … Such letter was clearly based on the assumption of the accuracy of the statement of facts contained in petitioner’s request for an opinion, and was subject to reversal after respondent undertook an investigation of the material

Hœpfner v. Sevestre

10 N.Y.S. 51 · New York Supreme Court · Feb 14, 1890

This adverse possession was clearly and abundantly established, and it was sufficient, after this great lapse of time, to fortify and complete even an otherwise doubtful title. Ottinger v. … The 20-years statute of limitations is qualified with regard to infants by the provision of the Code (section 375) that the time of “disability is not a part of the time” limited in the act “for commencing the action, * *

People v. Lucas

107 Misc. 2d 231 · New York Supreme Court · Nov 19, 1980

This circumstance may render a witness immune to meaningful cross-examination, since his belief in his own honesty is generally unshakeable. … The “total exclusion” rule has been established in at least two States.

People ex rel. Schofield v. Schoonover

26 Misc. 576 · New York Supreme Court · Mar 15, 1899

Wallace appeared at this meeting and demanded that the assessment should be made to conform to the valuations established by the town assessors. The board reduced the assessment to $49,300. … Assuming, however, that the assessors were mistaken and in error in deciding upon the value of the relator’s property it would clearly be an error of judgment, and not one which the board of trustees would be at liberty to

Brittain v. Village of Liverpool

172 Misc. 2d 201 · New York Supreme Court · Feb 27, 1997

Accordingly, Hamill (supra) is clearly distinguishable. … The first question is whether the contract between Liverpool and Syracuse qualifies as a merger of all or part of existing police agencies.

New York State United Teachers v. Board of Regents of University of State of New York

33 Misc. 3d 989 · New York Supreme Court · Aug 24, 2011

The disputed regulations have an immediate impact on the statutorily mandated negotiation process in which petitioners clearly have a vested interest. … Petitioners also challenge the qualifier in section 30-2.4 (d) (1) (iv) (c) that no more than 5 of the 60 points may be assigned to evidence that a teacher sets and pursues professional growth goals.

Tommy & Tina, Inc. v. Department of Consumer Affairs

117 Misc. 2d 415 · New York Supreme Court · Jan 13, 1983

Petitioner Tommy & Tina, Inc., qualify for a beer license since it is more than 200 feet from the school when measured from door line to door line, *418 but within 200 feet as measured by the Department for purposes of a … Here the Department has promulgated a regulation which clearly sets forth that no common show license shall be issued for an establishment within 200 feet of an elementary or secondary public or private school.

In re Lowenstein

7 How. Pr. 100 · New York Supreme Court · Oct 15, 1851

The Code has still further, or more clearly limited the effect of such a judgment. … It does not, as the laws of 1813 and 1830 did, enact that judgment should be against all the defendants in the same manner as if all had been served with process ; but directly limits and qualifies the judgment, allowing

Miller v. Auburn & Syracuse Rail-Road

6 Hill & Den. 61 · New York Supreme Court · Oct 15, 1843

The well established rule of the common law too, that easements and other incorporeal hereditaments shall pass by deed only, would be nearly repealed. … Many of them clearly do conflict with these doctrines, and have accordingly been much qualified if not entirely overruled in some of the English as well as American courts. In Hewlins v.

DeBaum v. City of New York

2 Edm. Sel. Cas. 396 · New York Supreme Court · Jun 15, 1853

One thing seems certain, that all appropriation of money is clearly legislative, while the “ opening, regulating, and paving streets,” and providing supplies for them, are executive. … was the consideration pressed upon the court in one of the cases, and the learned judges might well have been startled at the bold proposition that was put forth by one of the counsel, and which seemed to claim an entire immunity

People ex rel. Johnson v. LaRoche

14 Misc. 465 · New York Supreme Court · Apr 15, 1920

contends that after he had been examined and certified as eligible by the civil service board of the city of Binghamton, he was duly appointed to the position in question on the 20th day of March, 1918, and thereafter duly qualified … of January, 1895, and continued as such until the 30th day of September, 1911, at which time said hose company was disbanded, and that he now is, and at all times has been entitled to all of the benefits, protection and immunity