Case law

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.

New York Firemen Insurance v. Ely

2 Cow. 678 · New York Supreme Court · May 15, 1824

In terms, this position is applicable as well to interest taken in advance upon bonds, as upon bills of exchange and promissory notes; but it is qualified and limited by the cases which he cites to illustrate it. … Rep. 55 ,) this principle is very clearly stated. The Court say, “It is probable that in this case, there was no intentional deviation on the part of the bank, but a mistake of their right.

Kay v. Board of Higher Education

173 Misc. 943 · New York Supreme Court · Mar 30, 1940

The section applies generally to “ teachers and pupils ” and is not limited to elementary and secondary schools, and the court, therefore, holds that Bertrand Russell is not qualified to teach by reason of the provisions … Where public health, safety and morals are so directly involved, no board, administrative or otherwise, may act in a dictatorial capacity, shielding their actions behind a claim of complete and absolute immunity from judicial

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.

Martin Associates, Inc. v. New York City Health & Hospitals Corp.

160 Misc. 2d 58 · New York Supreme Court · Jul 15, 1993

The statute clearly does not require contractors to subcontract work merely to satisfy the 10% quota if such subcontracting is not necessary. … In addition, agencies are also to establish and submit participation goals for each individual contract.

State v. ITM, Inc.

52 Misc. 2d 39 · New York Supreme Court · Sep 29, 1966

This procedure, it is claimed, gave immunity to finance companies who purchased the contracts without the “ referral sales agreement ”. … The record clearly established the respondents were given every opportunity to defend themselves. The trial satisfied every requirement of due process and equal protection of the law.

Rebstock v. Rebstock

144 N.Y.S. 289 · New York Supreme Court · Nov 28, 1913

alleged hysteria of the defendant for a “long time prior to the time when defendant abandoned the plaintiff, as hereinafter alleged,” *294 and has nothing to do with the merits of the case which the plaintiff is seeking to establish … This allegation is qualified, however, by the further allegation that: “In October, 1911, defendant went away from the plaintiff’s house and said she was going to make a little trip for her health, and that she would come

Scire v. American Export Lines, Inc.

197 Misc. 422 · New York Supreme Court · Aug 11, 1949

section 1169 that “ if, though disclosing the fact that he is an agent, he does not disclose who his principal is, but keeps the latter’s identity concealed, the agent will ordinarily be personally liable unless he has clearly … It is not essential for the passenger to establish negligence or the facts from which negligence may be inferred, for, in the absence of proof as to how the baggage was lost, it may be inferred that the loss was due to the

Whitman v. City of Troy

3 Misc. 3d 794 · New York Supreme Court · Mar 25, 2004

The term “de facto” is derived from principles of agency, and declares valid “the acts of one who carries out the functions of a public office under color of authority . . . as to third persons and the public, and hence immune … Clearly the intent was to appoint plaintiff to fill a permanent position. According to the affidavit of Mark P.

Courtney v. McArdle

102 Misc. 9 · New York Supreme Court · Dec 15, 1917

The action, commenced in 1895 to establish a copartnership, which has been decreed, and for an accounting between those found to be the partners, has for over twenty-two years been dragging its slow length through the courts … We are in this motion faced with a situation which seems clearly to be the result of the same methods heretofore prevailing. The cause was tried for the first time seven years after commencement.

Sexton v. Bernheimer

104 Misc. 1 · New York Supreme Court · Jun 15, 1918

Y. 404, 406 , the court said: ‘ ‘ The general rule in regard to the service of process established by centuries of precedent is that process must be served personally within the jurisdiction of the court upon the person to … Johns, Newfoundland, was not authorized by the provisions of that section of the Code whch permits such service to be made by 1 ‘ an attorney and counselor at law duly qualified to practice in the state where such service

Ruffing v. Union Carbide Corp.

186 Misc. 2d 679 · New York Supreme Court · Dec 18, 2000

Just five years later, in Holodook v Spencer ( 36 NY2d 35 [1974]), that Court recognized an exception to its abrogation of that immunity rule. … According to defendants, these cases cited by them 6 establish that “[w]here a parent has been guilty of ‘active and affirmative negligence’, the culpable conduct of a parent is appropriately considered” (defendants’ mem,

Brown v. Lyddy

18 N.Y. Sup. Ct. 451 · New York Supreme Court · Jul 15, 1877

establish, to determine, to settle the value. … The courts would not declare that such a right did not exist, unless the terms of the submission so provided, or a waiver, was clearly demonstrated. (Day v. Hammond, 57 N. Y. R., 479.)

Gruntal & Co. v. Endicott Johnson Corp.

69 Misc. 2d 121 · New York Supreme Court · Jan 28, 1972

These steps are clearly stated. … One of such rights obviously would be a determination of whether a shareholder had qualified to receive payment for his shares. Paragraph (4) of subdivision (h) further bears this point out.

LIDC I, LLC v. Sunrise Mall, LLC

46 Misc. 3d 885 · New York Supreme Court · Oct 27, 2014

Thus, and without establishing a cause attributable to the Mall, the plaintiffs have not completed construction, have no operating businesses generating income, and have not pointed to any other independent source of funds … It should be noted that the intervenors in the article 78 are not the same LLCs as the plaintiff tenants here, but whatever their status, clearly represented the tenants’ interests. .

City of New York v. Britestarr Homes, Inc.

150 Misc. 2d 820 · New York Supreme Court · Apr 30, 1991

Clearly CPLR 2508 by its terms permits a party to move for justification. … Indeed, the drafters of the CPLR clearly intended to the contrary.

Kennedy v. Hoog, Inc.

48 Misc. 2d 107 · New York Supreme Court · Nov 16, 1965

Although plaintiff clearly establishes an unlawful invasion of its rights, if the actual injury from continuing the wrong will be small as compared to the great loss caused to defendant, the court will give great pause to … The defendant’s receipt of a public agency’s approval of its plans and specifications for a sewage disposal plant that will cast defendant’s effluent into a drain or stream does not per se cloak defendant with immunity from

Keeney v. Grand Trunk Railway Co.

59 Barb. 104 · New York Supreme Court · Jun 6, 1870

I am clearly of the opinion that it had not. … Unless the word “ risk ” be in some manner qualified, it must .embrace all those circumstances which fall within the term “risk.”

Puzzuoli v. JPMorgan Chase Bank, N.A.

55 Misc. 3d 417 · New York Supreme Court · Nov 29, 2016

This argument would clearly prevail if the Equity Holding deed had been a valid conveyance (see Terrapin Indus., LLC v Bank of N.Y, 137 AD3d 569, 570 [1st Dept 2016]; Guccione v Estate of Guccione, 84 AD3d 867, 870 [2d Dept … In Albertina, the Court held that the filing of a complaint qualifies as an “unequivocal overt act.”

Novak & Co. v. New York City Housing Authority

125 Misc. 2d 647 · New York Supreme Court · Jun 26, 1984

Since that case did not involve the issues of defendant’s misconduct or the possible waiver of the notice, it is clearly inapposite. … cause of action seeks damages for delay resulting from the following alleged breaches of contract by defendant: (a) interference by failure to progress the work of the other prime contractors in accordance with the *655 established