Case law

Broadway Sav. Inst. v. Town of Pelham

31 N.Y.S. 402 · New York Supreme Court · Dec 10, 1894

The bonds in suit recited that they had been issued “in pursuance of the provisions of the several acts of the general assembly of the state of Ohio, and of a vote of the qualified electors in said township,” and it was contended … The rule of law governing cases of this character is very clearly stated in the case of The Floyd Acceptances, 7 Wall. 676 , as follows: “In each case a person dealing with the agent, knowing that he acts only by virtue of

Mack v. Board of Appeals

7 Misc. 3d 607 · New York Supreme Court · Jan 21, 2005

makes just such a distinction, imposing additional requirements (e.g., a limitation on the number of employees) on those carrying out a “home occupation” (such as dressmaking, hairdressing or home cooking) that does not qualify … Likewise, given their explicit exclusion of “any retail business, trade or service establishment” from the permitted “home occupations” (Homer Town Code § 109-1), it is unlikely that the drafters of the zoning code intended

Greenfield v. Schultz

173 Misc. 2d 31 · New York Supreme Court · Apr 7, 1997

The court perceives no reason to expand the constitutional protection so that it cloaks third-party sources of nonconfidential information with a similar qualified privilege. … Section 487 is clearly inapplicable. (See, Beshara v Little, 215 AD2d 823 [3d Dept 1995]; Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 AD2d 384, 386 [1st Dept 1992].)

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

Severance Reference Laboratory, Inc. v. Techlease, Inc.

123 Misc. 2d 971 · New York Supreme Court · Apr 11, 1984

The petition further alleged that Techlease had not qualified to do business in Texas, had not voluntarily designated an agent for service of process in Texas for causes of action arising out of business done in Texas, and … In filing its application for the certificate, defendant clearly indicated that it was and wanted to be in Texas.

Koltun v. Board of Education

39 Misc. 2d 985 · New York Supreme Court · Apr 22, 1963

The board is to establish a passing mark and require proof of moral character and fitness as a condition precedent to the issuance of regular teachers’ licenses. … 140, 144 ) where it is stated: “It is well settled by a long line of decisions in this court that ‘ In the absence of some express limitation the action of the commission in fixing such tests must stand, unless it is so clearly

Scanlan v. Tilcon New York Inc.

192 Misc. 2d 225 · New York Supreme Court · Jul 11, 2002

Thus, before the court may grant summary judgment, it must clearly appear that no material triable issue of fact is presented. … The Court held that the factors that had previously provided immunity and exceptions for landowners would no longer be decisive. (Scurti, 40 NY2d 433, 441 .)

Shue v. Red Creek Central School District

177 Misc. 2d 743 · New York Supreme Court · Apr 8, 1998

The defendants allege that since the decedent’s employer paid the premiums, the proceeds result from an employee benefit program which would then qualify the proceeds as a collateral source. … Clearly how the life insurance was available cannot be a factor in deciding if it was life insurance or an employee benefit.

Stoddard v. Butler

20 Wend. 507 · New York Supreme Court · Dec 15, 1838

The supreme court in some recent decisions have, I am compelled to admit, virtually established, or sought to establish, a new and, I may add, severer rule for their government ; but whether it is sought to be maintained … by the current of authority, or by some supposed new provision of the revised statutes, does not very clearly appear.

Martin v. Wood

4 N.Y.S. 208 · New York Supreme Court · Oct 15, 1888

Any attempt, therefore, to make public, for any purpose, the contents of a ballot cast by a duly-qualified elector, unless with his consent, is opposed to the spirit of the constitution and laws made for the protection of … The question that was excluded was collateral to this issue, and it was clearly the privilege of the witness to refuse to answer it.

Stoddard v. Butler

20 Wend. 507 · New York Supreme Court · Dec 15, 1838

The supreme court in some recent decisions have, I am compelled to admit, virtually established, or sought to establish, a new and, I may add, severer rule for their government ; but whether it is sought to be maintained … by the current of authority, or by some supposed new provision of the revised statutes, does not very clearly appear.

People v. Brisman

173 Misc. 2d 573 · New York Supreme Court · Oct 9, 1996

Notwithstanding the current provision for compensation of assigned counsel, there is no absolute right, or for that matter, even a qualified right of assigned counsel to compensation equaling that which that attorney would … Rather, they have applied variants of the well-established criteria for determination of the value of legal services in general, set forth by the Appellate Division, Fourth Department, in Matter of Potts ( 213 App Div 59,

Smith v. Savin

30 Abb. N. Cas. 192 · New York Supreme Court · May 15, 1893

At or prior to ten o’clock of the 14th of May, 1884, Bogart & Co. made a.general assignment for the benefit of their creditors to the defendant Wheeler, who accepted the trust, and duly qualified as such assignee. … There are many facts which are stated in the findings of the referee, and also established by the evidence, which it does not seem necessary to advert to.

Ladue v. Cooper

32 Misc. 544 · New York Supreme Court · Oct 15, 1900

I think she would have been able to establish this right if her grantor had contested it. … In the nature of things, the dispossession and eviction of the covenantee would only be a partial and qualified one. That has taken place in this case.

People ex rel. Slofsky v. Agnew

68 Misc. 2d 128 · New York Supreme Court · Dec 2, 1971

The minutes clearly indicate that the sole reason for denial of parole was his confinement to Dannemora State Hospital, either at the time of the hearing or immediately prior thereto. … The Court of Appeals established a procedure to make an initial determination of the inmate’s competency to continue the proceedings.

Caminito v. City of New York

45 Misc. 2d 241 · New York Supreme Court · Feb 10, 1965

If plaintiff establishes to the satisfaction of a jury that defendant’s police officers were guilty of false arrest or malicious prosecution, since the State of New York has waived immunity pursuant to section 8 of the Court … [g]), provide that this issue is deemed established for all purposes in the action.

Consolidated Edison Co. of New York, Inc. v. Moore

197 Misc. 628 · New York Supreme Court · Mar 31, 1950

They appear to have been clearly defined and well delineated. … By the act, the Legislature created a board of three members to be appointed by the Governor and provided that *637 any public oEcer should be qualified for appointment thereto.

Strack v. Strack

31 Misc. 3d 258 · New York Supreme Court · Feb 3, 2011

Indeed, where “a statute describes the particular situations in which it is to apply and no qualifying exception is added, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted … Those supporting passage of the legislation establishing this new cause of action generally applauded the fact that a no-fault based divorce would lessen litigation which they described, accurately in this court’s view, as

Sutherland v. St. Lawrence County

42 Misc. 38 · New York Supreme Court · Nov 15, 1903

If her claim as a creditor rests solely on the judgment recovered April 1, 1899 — and apparently no other evidence was given — it clearly was not established. … Clearly, he had no warrant for the entry of this judgment.

Titus v. Poole

26 N.Y.S. 451 · New York Supreme Court · Dec 8, 1893

The appellants claim that this evidence was admissible to establish the solvency of the Home Savings Bank, and to meet the.evidence which had been given by the plaintiff to show that both the bank and its president, who seems … Besides, the evidence shows quite clearly that the books were within the state of Hew York, and practically in the hands of the appellants. Under these circumstances, we find no error in the admission of this evidence.