Case law

Staten Island Edison Corp. v. Moore

37 Misc. 2d 198 · New York Supreme Court · Jul 20, 1961

Clearly the board was developing new rates of assessment and incidently and necessarily related thereto a changed equalization rate. … There is no proof as to what was done by the Tax Commission in its establishing of the equalization rate.

Doscher v. Wyckoff

113 N.Y.S. 655 · New York Supreme Court · Oct 16, 1908

Wyckoff, qualified and. entered upon the performance of their duties. Three years afterward Jacob died. Thereafter, and up to the present day, Mrs. … That equity has such power is clearly intimated by the Court of Appeals in Losey v. Stanley, 147 N. Y. 560 , 42 N. E. 8 , and in Rankine v. Metzger, 69 App. Div. 264 , 74 N. Y. Supp. 649 .

Baker v. Dodd

75 Misc. 2d 887 · New York Supreme Court · Oct 3, 1973

It is not disputed that in accordance with article 6-A of the Election Law that established the ‘ ‘ Political Calendar for Nineteen Hundred Seventy-Three ”, a certificate to fill a vacancy described in subdivision 7 of section … Under the special circumstances of this case, there is clearly and obviously just and reasonable cause for the exercise of the judicial discretion vested in this court to permit the certificate in question to be filed.

Pierson v. Post

3 Cai. Cas. 175 · New York Supreme Court · Aug 15, 1805

» sect. 3*page 309, speaking of occupancy, proceeds thus, “ Requiriiur autem “ corporalis quasdam possessio ad dominium, adipiseendum $ M atque ideo, uulnerasse non sufficitP But in the following section he explains and qualifies … The case cited from 11 Mod. 74 — 130, I think clearly distinguishable from the present; inasmuch, as thefe the action was for maliciously hindering and disturbing the plaintiff in the exercise and enjoyment of a private franchise

Sullivan v. Sullivan

122 Misc. 104 · New York Supreme Court · Dec 15, 1923

In 1910 the defendant Sullivan made an abortive attempt to establish a residence in Colorado and sought there to secure a decree of divorce from this plaintiff. … In any event does this plaintiff qualify as an appealing petitioner under the provisions of that beneficent axiom of equity which requires proof of her own worthiness before she may be given such relief?

Huber v. Huber

26 Misc. 2d 539 · New York Supreme Court · Dec 19, 1960

Clearly, therefore, the Florida court had no jurisdiction over defendant’s person. Clearly also, it had no jurisdiction over real property located in New York. (Tiedemann v. Tiedemann, 172 App. … Schreck (supra) which established the New York real property rule, dealt with a New York divorce (the Special Term opinion, reported in 25 Abb. N. C. 133 , so states).

Byrne v. Long Island State Park Commission

66 Misc. 2d 1070 · New York Supreme Court · Jul 22, 1971

Is Jones Beach by nature entirely immune from labor picketing? … However, the ordinances cannot be designed to make Jones Beach entirely immune from labor protests of its own people.

Ullmann Realty Co. v. Tamur

113 Misc. 538 · New York Supreme Court · Dec 15, 1920

As has been frequently stated, underlying and qualifying every individual right are regulatory requirements made for the public interest. Hadacheck v. Los Angeles, 239 U. S. 394 ; People ex rel. Nechamcus v. … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.”

Firestone v. First District Dental Society

59 Misc. 2d 362 · New York Supreme Court · Apr 7, 1969

As the court there pointed out. “ Only as a member of the Society, can a professionally qualified, licensed dentist have a voice in the election and appointment of dentists to those offices of the state which must be filled … Such a system of prior restraint clearly offends the constitutional guarantee of freedom of expression. (Near v. Minnesota, 283 U. S. 697, 716-720 , supra; Freedman v. Maryland, 380 U. S. 51, 57-60 , supra.)

Ennis v. Gray

34 N.Y.S. 379 · New York Supreme Court · Jun 14, 1895

We have examined the record, and while it is true the witnesses for the defendant outnumbered those for the plaintiff, we do not think the weight of evidence so clearly preponderated in defendant’s favor that the court would … unnecessary for us, however, to decide that .the rule of “res ipsa loquitur” applies, and we do not therefore put our decision on this ground, because, as we have already pointed out, the plaintiff assumed the burden of establishing

Emerson Radio & Phonograph Corp. v. Standard Appliances, Inc.

201 Misc. 821 · New York Supreme Court · Jun 25, 1951

Furthermore, in addition to the testimony which shows that the defendant sells plaintiff’s products to consumers in States other than New York, the record clearly establishes that a substantial number of the television sets … This does not constitute unfair discrimination, inasmuch as all dealers were advised of the differ *829 entials available to them if they qualified therefor on the basis of certain fixed volume of sales.

Goldwin-Kent, Inc. v. County of Broome

107 Misc. 2d 722 · New York Supreme Court · Jan 21, 1981

In our opinion the contract clearly calls for the exercise of professional knowledge and skill and a finding to the contrary would have to be set aside. … In this case, there is insufficient evidence to establish a pattern of conduct on the part of the city in awarding insurance contracts on a strictly competitive basis.

In re Davis

19 How. Pr. 323 · New York Supreme Court · Jul 6, 1860

Thomson was elected supervisor of the town of Florence, who (it is admitted) duly qualified and assumed the duties of the office, and has hitherto discharged them—that at the annual town meeting in March, 1860, Lewis Rider … The statute under which this proceeding is instituted, it seems to me very clearly was never intended to apply to a case where there is a real question of title to the office, and no possession to any practical purpose has

Walsh v. National Broadway Bank

65 N.Y. St. Rep. 855 · New York Supreme Court · Feb 15, 1895

The complaint alleges that the plaintiff, after having qualified as trustee under the last will and testament of Joseph P. … The case before us comes clearly within this principle.

Lee v. New York City Department of Housing Preservation & Development

162 Misc. 2d 901 · New York Supreme Court · Mar 15, 1994

Moreover, before UDAAA-designated property may be sold by the City, UDAAA requires that the Mayor must approve the buyer "as a qualified and eligible sponsor in accordance with established rules and procedures prescribed … Clearly, the selection criteria in the RFP that disqualify applicants with extensive Housing Maintenance Code violations and mortgage arrearages are intended to guard against that result.

National Psychological Ass'n for Psychoanalysis, Inc. v. University of New York

18 Misc. 2d 722 · New York Supreme Court · May 25, 1959

This section clearly sets forth the qualifications, powers and duties of members of the board. … A principal activity of the Association is the operation of a psychoanalytic institute or training program to prepare psychologists and other qualified persons to practice or teach psychoanalysis.

Halpern v. Gozan

85 Misc. 2d 753 · New York Supreme Court · Feb 6, 1976

It was this latter purpose that mandated the creation of the medical malpractice panel, to the effect that qualified persons could sit together with all counsel in a serious attempt to discover if there was a reasonable basis … Secondly, the necessity for the new law is clearly established in that there is "some fair, just and reasonable connection between it and the promotion of the health, comfort, safety and welfare of society” (p 54).

Hassett v. Long Island Railroad

6 Misc. 3d 168 · New York Supreme Court · Nov 4, 2004

Lynch clearly possessed the necessary qualifications to evaluate whether the Long Island Railroad breached its duty to protect Mr. Hassett from injury as mandated by the Federal Employers’ Liability Act. … Hassett performed are well established in the literature, his testimony about the specific working conditions of Mr.

Council for Owner Occupied Housing, Inc. v. Abrams

133 Misc. 2d 574 · New York Supreme Court · Oct 6, 1986

While compliance with the letter of the law by the Attorney-General is surely advisable and preferable, this court cannot find that the omission of a termination date which, in this instance, is statutorily established rises … General Business Law § 352-e and these emergency regulations promulgated thereunder clearly treat all similarly situated individuals, i.e., sponsors of offering plans for condominiums and cooperative housing ventures, equally

O'Donaghue v. M'Govern

23 Wend. 25 · New York Supreme Court · Jan 15, 1840

Such is the extent of the citizen’s privilege in addressing the civil power *32 recognized and established by law. His privilege is necessarily great, whether he comes for a redress of private or public grievances. … I am clearly of opinion, both on authority and principle, that judgment should be rendered for the plaintiff upon the demurrer to all these 'pleas.