Case law

Larkin v. G. P. Putnam's Sons

40 Misc. 2d 28 · New York Supreme Court · Aug 23, 1963

While the standards or tests are clearly defined, their application presents considerable difficulty; witness, for example, the case involving Henry Miller’s “ Tropic of Cancer ”. … The witnesses, all highly qualified and eminent in their field, included J.

Montgomery v. Blum

112 Misc. 2d 190 · New York Supreme Court · Jan 21, 1982

Clearly, the New York regulation governing eligibility is contrary to the Federal law (US Code, tit 42, § 608). … Congress has established the conditions for eligibility here and has recently expanded it to voluntary agreements (1980 amdt, 94 US Stat 513, 515; cf. Miller v Youakim, supra, pp 134-135 ).

Allied Chemical Corp. v. Kowal

13 Misc. 2d 585 · New York Supreme Court · Sep 3, 1958

Accordingly the tax is payable by all persons consuming or using such utilities or services .in all businesses, trades, professions, industries, manufactories, mercantile establishments, commercial enterprises, households … (Webster’s New International Dictionary [2d ed., Unabridged].) “ Use ” has many meanings, but the one clearly meant is: “ 7. To partake of; to eat or drink; to consume, as food ”. (Ibid.)

Nardolillo v. Sovinsky

89 Misc. 2d 544 · New York Supreme Court · Feb 25, 1977

Under those provisions the plaintiffs were admittedly qualified and eligible for benefit payments at least until July 1, 1975, the effective date of the current collective bargaining agreement between the Union and plaintiffs … The trust agreement clearly contemplates and is intended to establish a common trust fund from which various benefits might be paid to or on behalf of eligible employees in accordance with a plan of benefits adopted by the

Jochnowitz v. Poston

55 Misc. 2d 898 · New York Supreme Court · Jan 12, 1968

In section 2 the petitioner rated 8 out of 10 and thereafter a substantial drop in the section which pertains to ability to establish good working relationships. … Jochnowitz objectively, or that any other group of qualified examiners would arrive at any significantly different conclusion”.

Kearney v. Kearney

42 Misc. 3d 360 · New York Supreme Court · Nov 7, 2013

He is not qualified to provide a foundation for the court’s consideration of the printout as evidence of mailing. … However, the lender’s counsel is not qualified *372 to authenticate the document, or even lay its foundation for consideration by the court.

People v. McLane

166 Misc. 2d 698 · New York Supreme Court · Apr 17, 1995

establish the burden of proof legally required.” … establish the burden of proof legally required.”

Lindsley v. People

6 Park. Cr. 233 · New York Supreme Court · May 15, 1867

I have thus stated the pqsition of the Connecticut court, and perhaps no very serious objections can be made to the practice thus established—and it is clearly a matter of practice—under their statute, giving the right to … Clearly we have no such law or practice in this State.

Cole v. Fall Brook Coal Co.

34 N.Y.S. 572 · New York Supreme Court · Jun 21, 1895

This was a question requiring the witness to draw a conclusion from a purely descriptive fact, and in permitting him to answer the province of the jury was clearly invaded. … The “consequences” of an injury are to be determined by the jury, but the-symptoms which may aid the jury in deciding what the consequences are may properly be testified tó by a qualified expert.

Berry v. People

1 N.Y. Crim. 43 · New York Supreme Court · Oct 15, 1878

The granting of such license could establish nothing in regard to the question tried—whether the house was rendered disorderly by the noisy and indecent conduct of the inmates of the establishment. … It will be observed that the court qualified his refusal to charge as requested.

In re Cangelosi

155 Misc. 2d 621 · New York Supreme Court · Sep 17, 1992

Clearly, it is not included in the term nursing facility. … While a nursing facility might care for a mentally retarded person, it is clearly a different facility from an intermediate care facility.

Trustees of Freeholders v. Mecox Bay Oyster Co.

12 N.Y. St. Rep. 514 · New York Supreme Court · Dec 13, 1887

True, like words are used in the clause which grants “ the privilege and immunities belonging to a towne within this government.” … Happily, however, the legislature has more clearly stated its views on this subject.

Sundram v. City of Niagara Falls

77 Misc. 2d 1002 · New York Supreme Court · Jul 10, 1973

S. 356 [1886]), so that the former could successfully resist the arbitrary application of State power to deprive them of a livelihood where such an application against citizens would clearly violate the provisions of the … S. 63 , 35) .where the court struck down a statute of the State of Arizona which required that employers of more than five workers employ not less than 80% ‘1 qualified electors or native-born citizens of the United States

In re Wille

61 Misc. 2d 992 · New York Supreme Court · Jun 12, 1968

S. exporters to establish or retain IT. … Pay- . ment will be assured by an irrevocable letter of credit issued by a qualified United States bank in the amount of the purchase price plus interest.” 2.

Heeney v. Trustees of Brooklyn Benevolent Society

33 Barb. 360 · New York Supreme Court · Feb 11, 1861

The learned counsel for the plaintiffs do not claim that they are entitled to the estate under the provisions of the second section, because they were clearly temporary; and at the time of the descent cast, the plaintiffs … The argument for the plaintiffs is, that the section is to be construed as general and prospective in its operation, and as establishing a rule for all cases.

Larson v. Cabrini Medical Center

175 Misc. 2d 573 · New York Supreme Court · Jan 5, 1998

As the statute clearly states, damages recovered in a wrongful death action are not an award in compensation of the injuries sustained by the decedent but rather are recovered for the exclusive benefit “of the decedent’s … “The law is well established that for purposes of intestate succession the only persons who can be deemed distributees of the deceased are those who qualify as such at the date of the death of decedent” (Matter of Lueke,

People v. Jacobs

129 Misc. 2d 21 · New York Supreme Court · Jul 11, 1985

This language, on its face, clearly and unambiguously expresses the offense charged. … The burden of establishing that a statute is unconstitutional is on the defendant. (United States v Bland, 472 F2d 1329.)

Joyce v. Poston

54 Misc. 2d 780 · New York Supreme Court · Aug 8, 1967

The New York State Department of Civil Service on July 10, 1964 announced “ Competitive Promotion Examinations ” which were open to all qualified employees of the Division of Employment, Department of Labor, for the positions … That pursuant to such statute, rules and regulations have been established by the Civil Service Commission, approved by Governor Rockefeller, and duly published as a regulation of the New York State Civil Service Commission

People v. Carpenter

4 N.Y. Crim. 39 · New York Supreme Court · Jan 15, 1886

The facts and circumstances establish beyond all peradventure, therefore, deliberation, premeditation, and a brutal murder. … But in the present case, whenever its attention was called by the prisoner’s counsel to any part of the charge which he considered as an infringement upon the province of the jury, the court promptly and clearly withdrew

Long Island College Hospital v. New York State Department of Health

151 Misc. 2d 370 · New York Supreme Court · Jun 3, 1991

Petitioner has the burden of proof of their proper establishment and more important of the proper necessity and use of such income from the funds that were established solely by resolution of the board of directors. … Petitioner may not establish funds that shall have the effect of exempting general income from Medicaid reimbursement offset.