Case law

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.)

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.

Kunzler v. Kohaus & Visser

5 Hill & Den. 317 · New York Supreme Court · May 15, 1843

the states also had themselves passed laws for the relief of insolvent debtors, distinguishable from the English act in not being confined to traders or any particular class, and in being available for the purposes of a qualified … They use a term which, as defined in that vocabulary, clearly comprehends the case of the defendant.

Spitzer v. Village of Fulton

33 Misc. 257 · New York Supreme Court · Dec 15, 1900

The bonds in question were issued *259 under the authority of a special village meeting, at which the proposition was submitted to raise the sum of $115,000' for the purpose of establishing a system of water-works, under … For more than half a century, the legislative intent has been clearly shown and no question raised.

Interboro Mutual Insurance v. Devone

189 Misc. 2d 605 · New York Supreme Court · Nov 16, 2001

The Appellate Division, Second Department, has clearly stated that the issue of physical contact with the uninsured vehicle relates to whether certain conditions of coverage were satisfied. … causing the injury with the qualified person or with a motor vehicle which the qualified person was occupying (meaning in or upon or entering into or alighting from) at the time of the accident.”

Roth v. New York Blood Center, Inc.

157 Misc. 2d 122 · New York Supreme Court · Feb 10, 1993

In 1985, it supplied blood contaminated with the Human Immunodeficiency Virus (HIV) to a hospital, which in turn transfused it to Sarah Bernardo (Bernardo), who later developed Acquired Immune Deficiency Syndrome (AIDS) and … The alternatives (b) and (c) are clearly inapplicable here.

Repetti v. Gil

83 Misc. 2d 75 · New York Supreme Court · Aug 25, 1975

Denying a driver’s license to people because of their race is clearly intolerable, but denying one to people under 12 years of age may be quite sound. … "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;

Hutchins v. Smith

63 Barb. 251 · New York Supreme Court · Apr 23, 1872

Y. 161 ,) Gardiner, J., says: “ The use of land by the proprietors is not therefore an absolute right, but qualified and limited by the higher right of others to the lawful possession of their property. … Dodge, ( 4 Denio, 311 ,) Judge Bronson very clearly states the rule, and fortifies his statement with numerous cases; and his language, at page 316, is not inapplicable here.

Edwards v.Farmers' Fire Insurance & Loan Co.

21 Wend. 467 · New York Supreme Court · Jul 15, 1839

To this there are two answers : A claim is one material item of evidence to establish possession at the common law. … Clearly, if there was an estate in fee, it could not thus be divested by paroi.

Wilson v. Phoenix House

42 Misc. 3d 677 · New York Supreme Court · Dec 10, 2013

Plaintiff is not immune to the error of citing cases that are inapposite. … Clearly, injunctive relief is available under the City’s Human Rights Law.

Smith v. Havens Relief Fund Society

44 Misc. 594 · New York Supreme Court · Aug 15, 1904

Hand should cease or decline to act then the plaintiff *604 should qualify and act alone. … Ho such trust is established. There is no gift to charitable uses. There is simply a gift outright.

Onassis v. Christian Dior — New York, Inc.

122 Misc. 2d 603 · New York Supreme Court · Jan 11, 1984

Once the violation is established, the plaintiff may have an absolute right to injunction, regardless of the relative damage to the parties. … No one is free to trade on another’s name or appearance and claim immunity because what he is using is similar to but not identical with the original.

People v. Garcia

3 Misc. 3d 699 · New York Supreme Court · Mar 11, 2004

These facts clearly establish that the goldfish were household pets. … These actions clearly evince defendant’s understanding and intention of inflicting emotional *708 pain on both the boy and his mother.

Brown v. Wing

170 Misc. 2d 554 · New York Supreme Court · Oct 18, 1996

resided immediately prior to establishing residency in this state”. … Moreover, their choice of venue is clearly the best for all counsel and parties.

C. H. O. B. Associates, Inc. v. Board of Assessors

45 Misc. 2d 184 · New York Supreme Court · Jul 8, 1964

This action is clearly distinguishable. It *188 does not seek a review of any actual valuations, but attacks instead the method used in the preparation of the roll. … Section 51 of the General Municipal Law provides that a qualified taxpayer may maintain an action to prevent illegal official acts or to prevent injury or waste.

People v. Murphy

139 Misc. 2d 83 · New York Supreme Court · Mar 24, 1988

On the basis of the boy’s answers, behavior and demeanor on this second occasion, I ruled that he was able to understand the nature of an oath and qualified him as a sworn witness. … As with accomplice testimony, corroboration of an unsworn witness is required to establish that the witness is telling the truth.

New York Transit Authority v. Loos

2 Misc. 2d 733 · New York Supreme Court · Jul 24, 1956

unreasonable to do so, as clearly it is not. … In the present circumstances, before actual impairment by administrative action is clearly demonstrated, judicial interference would be premature.

Gordon v. Marrone

155 Misc. 2d 726 · New York Supreme Court · Mar 31, 1992

The precedential value of cases construing rule 11 is also not as compelling as petitioner suggests for the reason that 22 NYCRR subpart 130-1 is clearly broader in reach than rule 11. … But such largesse does not mean that such conduct is or should be immunized from later judicial scrutiny (see, 22 NYCRR 130-1.1 [c]).

Bachchan v. India Abroad Publications Inc.

154 Misc. 2d 228 · New York Supreme Court · Apr 13, 1992

The defendant has the burden of proving not only truth but also of establishing entitlement to the qualified privilege for newspaper publications and broadcasters provided by section 7 (3) of the 1952 Defamation Act where … When the speech is of public concern and the plaintiff is a public official or public figure, the Constitution clearly requires the plaintiff to surmount a much higher barrier before recovering damages from a media, defendant

Bank of Troy v. Topping

13 Wend. 557 · New York Supreme Court · May 15, 1835

The agreement to submit and the note and the award were considered as parts of the same transaction and as qualifying and explaining each other. … The evidence clearly showed that it was not so understood and intended by the parties.