Case law

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..

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. Dzeloski

161 Misc. 2d 867 · New York Supreme Court · Jun 29, 1994

The prosecutor did not explain to their witness why she was required to appear before the Grand Jury and the consequences of her taking an oath and receiving transactional immunity. … The prosecutor herein clearly usurped his function thereby invading the domain of the Grand Jury.

Morgan v. Smith

14 N.Y. Sup. Ct. 244 · New York Supreme Court · May 15, 1876

That the tenants did not have the benefit of the light was clearly shown in the ease; and if the evidence given by the defendant Andrew J. … The evidence of the witness was sufficient to establish it in his favor if it should be credited by the jury. In an action upon a simple contract it would clearly have been good. (Bookstaver v. Glenny, 3 Sup. Ct.

Perotta v. Gregory

4 Misc. 2d 769 · New York Supreme Court · Jan 9, 1957

Div. 771 ) there was involved a requirement, established by the commission, that an applicant must be at least 20 years of age at the time of application for the New York City patrolman’s examination. … It does not give the commission discretion to qualify any applicant who does not meet the mandatory statutory requirements.

Andryeyeva v. New York Health Care, Inc.

45 Misc. 3d 820 · New York Supreme Court · Sep 16, 2014

Plaintiffs have also adequately established the requirements of CPLR 902. … This court is unable to perceive the basis for such contention as Odrus is an equally qualified member of the prospective class as Andryeyeva.

Betts v. Betts

4 Abb. N. Cas. 317 · New York Supreme Court · Jul 15, 1878

the final distribution of the residue of the testator’s estate, and in which there should be a ward school, the sum of $250 for each such ward school in such ward, to be by them applied to the purchase of books for the establishment … Holbrook qualified as executrix, and joined in several important acts.

Suffolk Housing Services v. Town of Brookhaven

91 Misc. 2d 80 · New York Supreme Court · Jun 20, 1977

Nonetheless, apart from a strong dictum to the effect that it would not "countenance * * * under any guise * * * community efforts at immunization or exclusion” and some further discussion of regional housing problems in … The case was traditionally postured with landowning plaintiffs who had failed to obtain approval for a multifamily condominium development— *86 clearly not intended for low or moderate income occupants— on a 50-acre site

People v. Burnette

160 Misc. 2d 1005 · New York Supreme Court · Mar 15, 1994

Whatever definition of "promptly” one applies, six months after service of the subpoena clearly does not qualify. … It is well established that the subpoena right extends to documents as well as live witnesses. (See, Mackey v United States, 351 F2d 794.)

Board of Cooperative Educational Services v. State

171 Misc. 2d 585 · New York Supreme Court · Nov 5, 1996

As defendants argue, the situation in Mahon (supra) is clearly inapposite to the situation presented here. … While the statute may not have been ideally drafted, it clearly affords equal protection to the plaintiffs.

State v. Eaton

143 Misc. 2d 816 · New York Supreme Court · Nov 22, 1988

persuasive simplicity, to wit: " 'The right to examine voters in an action in the nature of a quo warranto is in affirmance and vindication of the essential principle of the elective system, that the will of the majority of the qualified … Ellis v Eaton pointed out clearly that when issues of fact were involved an action in quo warranto now statutorily embodied in section 63-b of the Executive Law was the exclusive means of trying title to public office.

United States v. Wyngall

5 Hill & Den. 16 · New York Supreme Court · May 15, 1843

as I can discover, that the recruiting service should be restricted to the enlistment of citizens; nor is it believed that previous to this time, a doubt of the legal right to enlist foreigners was entertained by any one qualified … The army to be reduced had been enlisted pursuant to different statutes, several of which had most clearly authorized the reception of foreigners.

Mannix v. Frost

100 Misc. 36 · New York Supreme Court · May 15, 1917

alleges that the order of the board of health violates the Constitution of the United States, in that it deprives plaintiff of his property without due process of law, and that it also denies plaintiff all the privileges and immunities … or dipped milk is not prohibited by any law of the state is certainly questionable, in view of the quotation above made from the Sanitary Code, which was adopted by the public health council of the state, for that code clearly

People ex rel. Croker v. Sturgis

39 Misc. 448 · New York Supreme Court · Dec 15, 1902

Mor is there any force to the contention that the respondent was not qualified to act. The question here is not as to the propriety of his acting under all the circumstances of the case. … Where the question of guilt is dependent on the resolution of conflicting questions of fact, and clearly established animus or prejudice may have determined or probably did control which way the conflict should be or was

De Falco v. Long Island College Hospital

90 Misc. 2d 164 · New York Supreme Court · Jan 11, 1977

This doctor of philosophy in chemistry was not qualified as an expert in the science of pharmacology, which concerns the value and reaction of drugs. … Obvious medical "accidents” such as these clearly evidenced negligence per se. An hyphema was not of this character.

Lindemann v. American Horse Shows Ass'n

164 Misc. 2d 937 · New York Supreme Court · Dec 1, 1994

He had established a stable and training facilities in Armonk, New York, and Greenwich, Connecticut, appropriately named "Cellular Farms.” … How can the cause of death now be established years after the autopsy, other than on the say-so of the alleged executioner?

In re Chason

162 Misc. 539 · New York Supreme Court · Feb 23, 1937

confinement in this institution, he was duly adjudicated incompetent, and his daughter, then Lillian Gilberg, now Lillian Chason (the petitioner herein), was duly appointed as the committee of his person and estate, and duly qualified … Such a course of procedure clearly contemplates an application to the court in behalf of the incompetent person, of which notice shall be given to those interested in his person or property.

People v. Reyes

133 Misc. 2d 174 · New York Supreme Court · Sep 5, 1986

Moreover, the actions of Police Officer Rodriguez can be considered among those normally attendant to arrest and custody and thus qualify as an exception to otherwise putative suggestive conduct. … The People established that there was no compelling influence.

Jones v. Gelineau

154 Misc. 2d 930 · New York Supreme Court · May 20, 1992

A police report is clearly a business record, as the police officer preparing such report is under a business duty to investigate the subject of the report and memorialize the details thereof. … To be determined by this court is the question of whether Lanoix’s identification of the license plate number as memorialized in the police report qualifies as a "past recollection recorded”.

Fanelli v. Fanelli

191 Misc. 2d 123 · New York Supreme Court · Mar 20, 2002

Five years later, after working for Flynn Burner Corporation under the supervision of a licensed professional engineer to qualify to take the New York State licensing examination, he passed the exam and was awarded a license … That “commonsense approach” clearly recognizes that the valuation must be accomplished in a way that has relevance to the parties’ actual situation.