Case law

In re Smith

32 N.Y.S. 317 · New York Supreme Court · Feb 11, 1895

of .health, stating that thorough and sufficient vaccination of every citizen who has not been successfully vaccinated within the last three months, as, in the judgment of the commissioner of health, rendered such person immune … That isolation and detention were clearly within the scope and powers and duties of the board, and that is all it did.

People v. Trucchio

159 Misc. 2d 523 · New York Supreme Court · Nov 23, 1993

Under these criteria, the defendant’s claim in the instant case clearly must fail. … Thus, the hearing conducted at the Department of Motor Vehicles here may well qualify as a prior proceeding for the purposes of collateral estoppel.

Strong v. Skinner

4 Barb. 546 · New York Supreme Court · Nov 6, 1848

The above authorities conclusively establish the validity of the ante-nuptial agreement of the defendants, Reuben and Nancy Skinner. … These observations, and the authorities cited in support of them, clearly show that Mrs.

Gainsborough Real Estate Corp. v. George Kemp Real Estate Co.

207 Misc. 156 · New York Supreme Court · Jan 28, 1955

At most this testimony merely fixes the method employed by the parties to establish proof of payment of the taxes. … The authorities relied upon by the plaintiff are clearly distinguishable and not in point. Accordingly, the court must find for the defendant, dismissing the complaint of the plaintiff on the merits.

Pierson v. Morgan

20 Abb. N. Cas. 428 · New York Supreme Court · Dec 15, 1887

“ The settled practice of the courts of common law and of equity have established certain general principles governing remedies for malversation by corporate officers, of which those material to this question may be briefly … This is clearly unallowable (Warwick v. Mayor, etc. of N. Y., 28 Barb. 210 ; s. c., 7 Abb.

Northern Metropolitan Residential Healthcare Facility v. Novello

4 Misc. 3d 394 · New York Supreme Court · May 14, 2004

The ALJ established the Medicaid overpayment at $366,816. … The evidence clearly established that petitioner entered $0 for transportation costs in its cost report, but actually incurred some small amount of expense, through the use of its own vehicle to transport some ADHC registrants

People v. Tansey

156 Misc. 2d 233 · New York Supreme Court · Nov 16, 1992

The statutory definition of "possess” and "property,” read together, clearly indicate that the Legislature, by virtue of its express command that only "tangible property” can be possessed, has qualified the kind of property … Here, the evidence before the Grand Jury established that Smith fraudulently obtained telephone services valued in excess of $1,000 from the State government.

Saunders v. State

129 Misc. 2d 45 · New York Supreme Court · Jul 16, 1985

Furthermore, it is claimed that the State may only be sued as it has consented to be sued and is otherwise immune from suit and has not consented to be sued as an entity in the Supreme Court of the State of New York, and … The right of a terminally ill competent adult to discontinue extraordinary medical treatment is well established.

Society of New York Hospital v. Hanson

185 Misc. 937 · New York Supreme Court · Dec 18, 1945

Upon the trial before me, the evidence established the facts hereinafter set forth. … The necessity of avoiding such tragic consequences to the public clearly outweighs the sound general policy favoring the protection of labor’s right to strike.

Angelica Co. v. Goodman

52 Misc. 2d 844 · New York Supreme Court · Dec 30, 1966

It is also privileged and if the privilege is qualified, plaintiff has not shown malice. The mere statement of malice is not enough. The defenses are established conclusively and no triable issue survives. … That their meaning and import are clearly understood by the plaintiff as thus expressed is made manifest by its attempt to demonstrate that it has made full compliance with the Jenkins Act.

Gale & Wisner v. Wells

12 Barb. 84 · New York Supreme Court · Oct 6, 1851

The evidence clearly showed that the relationship of guardian and ward still substantially existed; that J. A. … It infers it without allowing an inquiry whether it actually existed or not, on account of the difficulty in such cases of establishing it, and the danger to wards of leaving open that question, while that relationship exists

Riordan v. Automobile Club of New York, Inc.

100 Misc. 2d 638 · New York Supreme Court · Oct 29, 1979

*640 The advertisement then stated that "Your Club membership automatically qualifies you to enroll”. Below that statement in black letters is printed the statement "Covers you for these types of travel accidents”. … Riordan, the defendants have offered no proof to sustain their burden of establishing that her death occurred in a manner other than by her physical injuries sustained in the automobile accident. (Cohen v National Cas.

Sgarlata v. City of Schenectady

77 Misc. 2d 481 · New York Supreme Court · Jan 21, 1974

Testimony of city employees and area residents clearly established the direct cause of the flood, viz., the bursting of the Fuller Pond Dam and consequent overflow from a heavy and immediate gush of water into the drainpipe … It is well established that a municipality has no immunity from suit where it controls and manages a drainage or sewer system; it has a duty to use reasonable diligence and care to keep the system in good repair, and is liable

Ewen v. Gerofsky

86 Misc. 913 · New York Supreme Court · Apr 15, 1976

Plaintiff was then engaged in litigation with others, which culminated in an agreement permitting plaintiff to obtain that name or qualify his Virginia corporation in New York. … The information, ideas, trade secrets and inventions were clearly imparted to defendants only on the basis that a joint venture, partnership or other entity would be created in which plaintiff and defendant Gerofsky would

In re the Investigation of the Departments & Officials of Albany

74 Misc. 170 · New York Supreme Court · Nov 15, 1911

Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. … They may demand that any accusation against them individually be established without the aid of their oral testimony or the compulsory production by them of their private papers.

Pennymac, Corp. v. DiPrima

54 Misc. 3d 990 · New York Supreme Court · Nov 18, 2016

Nevertheless, the non-jurisdictional nature of the RPAPL 1304 “super” defense does not render it immune from waiver (see Emigrant Bank v Marando, 143 AD3d 856 [2d Dept 2016]; PHH Mtge. … While “ ‘the mere filing of papers received from other entities ... is insufficient to qualify the documents as business records’ . . . , such records are nonetheless admissible ‘if the recipient can establish personal knowledge

Gleason v. Hamilton

19 N.Y.S. 103 · New York Supreme Court · Apr 15, 1892

Evidence given before the circuit and before the special term satisfactorily establishes the fact that the plaintiff had no knowledge of the making of the alleged alteration prior to the commencement of this action; and that … Perhaps the defendant, if the mortgage is held in virtue of the views already expressed, would be entitled to have the judgment qualified in that respect.

City of Buffalo v. Delaware, L. & W. Railroad

39 N.Y.S. 4 · New York Supreme Court · Apr 15, 1895

The doctrine of partial or qualified dedication was directly involved and enforced in the following cases: Cornwell v. Commissioners of Sewers, 10 Exch. 771; Le Neve v. … Society for Establishing Useful Manufactures, 44 N. J. Law, 502; Ayres’ Case, 48 N. J. Law, 44, 3 Atl. 885 ; Id., 52 N. J. Law, 405, 20 Atl. 54 .

Mazgulski v. Lewis

118 Misc. 2d 600 · New York Supreme Court · May 6, 1982

The trustee petitioners are trustees of a trust established by agreement between the trustees and the New York State Bankers Association. … However, such regulation is clearly a function of the superintendent’s powers to regulate and supervise premium rates and is reasonable.

People v. Kilhullen

44 Misc. 3d 193 · New York Supreme Court · Apr 10, 2014

to or including others more remote, unless such extension is clearly required by a consideration of the entire act.” … Qualifying language should apply to the words or phrases immediately preceding it, as opposed to “remote” portions of the statute.