Case law

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.

In re the Objections to the Certificate of Nomination of Hennessy

32 Misc. 616 · New York Supreme Court · Oct 15, 1900

The object of the election laws is to secure the rights of duly qualified electors, and not to defeat them. … Those delegates constitute more than a majority of the convention, and r; is clearly established that when the convention met on Saturday evening, October sixth, there was a majority of the whole number of delegates present

In re Wood

24 Misc. 561 · New York Supreme Court · Sep 15, 1898

For the purposes of this proceeding the allegation must be deemed to be established, opposed as it is by a denial made upon information and belief. … If it was possible by any fine distinction to take this case out of the general rule applicable to assessments of this character, it would not be desirable to weaken or qualify by any such exception the safeguards which the

People ex rel. the Equitable Life Assurance Society v. Pierce

104 Misc. 343 · New York Supreme Court · Aug 15, 1918

It was established in this case that these collectors had qualified, made certain collections, turned over the *347 moneys collected by them to the treasurer of Monroe county, and that they had made final accounts which had … Any subsequent legislation which impaired the obligation of those bonds, which were contracts, would have been clearly in violation both of the State and Federal Constitutions. People ex rel. Security Trust Co v.

Iona College v. Nyquist

65 Misc. 2d 329 · New York Supreme Court · Nov 6, 1970

Admittedly, Iona qualified insofar as incorporation by the Regents, the maintenance of degree programs, and the educational quality of the institution are concerned. … indirectly, in aid or maintenance * * * of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught Clearly

Salzman v. Impellitteri

203 Misc. 486 · New York Supreme Court · Apr 20, 1953

If for any reason the fifth has not been appointed or has not qualified by May 1,1953, the chairman of the Port of New York Authority or a member of that authority is to be the fifth. … Such a statute would seem clearly to he valid and unobjectionable.

People v. Wong

150 Misc. 2d 554 · New York Supreme Court · Apr 5, 1991

Of course, both sides may cross-examine the opposition’s experts or adduce different opinions through their own qualified witness’s experts (Selkowitz v County of Nassau, 45 NY2d 97, 103 ). … Based on these facts and the lack of specific reasons which would establish how the testimony of a trained psychologist would benefit the jury in this case, the court finds insufficient basis to grant the relief sought.

People v. Borcsok

114 Misc. 2d 810 · New York Supreme Court · Jun 30, 1982

Drummond was qualified, without objection, as an expert in the field of serology. (Also incorporated as part of the hearing was the testimony given before the jury by Mr. Drummond’s assistant, Mr. … Thus, the People have established, in this court’s view, a sufficient foundation, bearing in mind the general acceptance accorded to the prior studies and the particular techniques used in the present study.

In re the Accounting of Weller

7 Misc. 2d 366 · New York Supreme Court · May 31, 1957

construed unless the context of the instrument and the surrounding circumstances clearly indicate a different meaning. … Y. 610 ; Matter of Mackie, 202 Misc. 795 ; Matter of Maine, 190 Misc. 226, 233 .) “ The general rule * * * is well established that when property at a future date is to pass to a certain class of persons it will be distributed

Alban v. Cornell University

48 Misc. 3d 1062 · New York Supreme Court · Jun 11, 2015

However, the court finds that the affidavit fails to establish a prima facie showing of lack of negligence, fails to establish any expertise on the field of teaching summer school to high school students, and addresses only … It cannot be said that plaintiff’s affidavit clearly contradicts, materially or directly, her previous testimony.

People v. Negron

160 Misc. 2d 333 · New York Supreme Court · Feb 15, 1994

The court notes in this regard that, while Pennsylvania has no specific "youthful offender” designation or statute, it has established, within its Court of Common Pleas, a Juvenile Court Division having original jurisdiction … On its face the language of CPL 720.10 (2) (c) clearly supports this construction.

Incorporated Village of Muttontown v. Friscia

60 Misc. 2d 1014 · New York Supreme Court · Aug 28, 1969

Research has not revealed any judicial construction of the effect, if any, of section 1607 of the County Government Law of Nassau County on zoning of property annexed to a village, such as Muttontown, which qualifies for … Nonconforming uses established prior to annexation are protected in the same manner and to the same extent as is true of nonconforming uses established in the annexing municipality.

People v. Kerr

37 Barb. 357 · New York Supreme Court · Jul 21, 1862

It has been the invariable practice of our colonial and state legislatures to pass laws laying out and establishing them, and for their alteration and discontinuance. … It could not be done by municipal legislation, because it would be a new use of the streets, not contemplated by the charter, as is clearly shown by Judge Denio in the case last cited.

Town Board v. County of Onondaga

82 Misc. 2d 163 · New York Supreme Court · Apr 29, 1975

While the instant district is not being formed pursuant to these particular statutory provisions, they are clearly significant, as an expression by the Legislature of what it means by "enhancement of value” and as guidelines … the Appellate Division replied (pp 443-444): "One has difficulty in taking seriously the statement that the inundation of land is so complex a matter that one without knowledge of conditions in the colonial period is not qualified

Wallace v. Wallace

137 N.Y.S. 43 · New York Supreme Court · Oct 15, 1911

The attempt of the plaintiffs here, by such testimony, is to establish that James P. … I am clearly convinced that the evidence here before the court is not sufficient to establish the plaintiffs’ case. Therefore the decision must be in favor of the defendants, but without costs.

People v. Centeno

168 Misc. 2d 172 · New York Supreme Court · Nov 15, 1995

The "good cause” required for late service of notice cannot be established by " 'lack of continuity’ or other office failure” (People v Briggs, 38 NY2d 319, 321 [1975]), "mere neglect” (People v Boughton, 70 NY2d 854, 855 … However, although not every identification by a police officer is immune from suppression as suggestive or insulated from the notice provisions of CPL 710.30, the identifications in this case were clearly confirmatory identifications

People v. Holder

69 Misc. 2d 863 · New York Supreme Court · Apr 25, 1972

[e]); and that the application did not set forth facts sufficient to establish probable cause as required by section 817 (subd. 2, par. [b], sub-par. [i]). These assertions shall be treated seriatim. … to the Holder home in the early morning hours following the homicide of Joan Holder, normal investigative procedures, such as standard visual and aural surveillance, general questioning or interrogation under a grant of immunity

Singleton v. McGurk

117 Misc. 340 · New York Supreme Court · Dec 15, 1921

It is a base or qualified fee or freehold estate. Clark v. Strong, supra; Gerard Titles (5th ed.), 129. … There no written agreement was proved, and the plaintiff relied upon parol proof of *345 the declaration and acts of the parties which, as he claimed, established the right to use the water in the spring by adverse possession

James Mason v. Jones

13 Barb. 461 · New York Supreme Court · Jun 11, 1852

These cases, which are the leading ones upon this point, while they establish the principle that ceiv tain powers may he executed at different times, also furnish an illustration of the manner in which the principle is applied … The testator appointed his three sons-in-law and his two married daughters executors of his will; but the sons-in-law alone qualified and acted..