Case law

Barni v. Board of Education

96 Misc. 2d 192 · New York Supreme Court · Jul 17, 1978

This is not the case where, for example, an indefinite sentence is imposed upon a witness who, after being granted immunity, refuses to testify, and whose jail sentence terminates upon his agreeing to testify. … Respondents properly point out, however, that it is indeed well established that one must bear the consequences of his own willful conduct.

Link v. Town of Smithtown

162 Misc. 2d 587 · New York Supreme Court · Nov 17, 1994

Clearly, a court-ordered transfer to a court-approved and statutorily warranted trust is not an artificial scheme designed to defraud (cf., Pang v Maimonides Med. Ctr.Maimonides Hosp., supra). … First and foremost, it does much more than merely establish the exception for SNTs.

Penn-Ohio Steel Corp. v. Allis-Chalmers Manufacturing Co.

50 Misc. 2d 860 · New York Supreme Court · Jul 7, 1966

At best it is a qualified privilege that defendant had; and by its volunteering prejudicial, incorrect and misleading information, that privilege no longer attached (see Andrews v. Gardiner, 224 N. … It could hardly be re-established as immune from use except in its original milieu. Its character lost virginal exclusivity forever, tarnished by court-ordered publicity.

Davis Construction Corp. v. County of Suffolk

112 Misc. 2d 652 · New York Supreme Court · Jan 8, 1982

A person who shows that he will be directly affected by enforcement of a statute establishes the existence of a legally protectible interest in the subject matter of the litigation (Ann., 174 ALR 549 ) and a real and present … Since the office of District Attorney is so clearly a matter of State concern, it appears that local legislation affecting the office may be deemed valid pursuant to article IX of the New York State Constitution and section

People v. Darling

81 Misc. 2d 487 · New York Supreme Court · Apr 10, 1975

This mandate of power is not new but is a reaffirmation of the inherited authority of the Supreme Court, established by statute in 1691, to apply and perpetuate the English common law for the establishment of justice, order … Co., 19 NY2d 159, 166 ) may not be abridged, abrogated, curbed, limited, qualified or whittled away to any degree or in any respect by a transient legislative body and an attempt to do so is patently void and of no effect

People v. Sadacca

128 Misc. 2d 494 · New York Supreme Court · May 16, 1985

Although this defendant could clearly have been indicted and tried under the relevant section of Penal Law former § 2440, that section and the subornation of peijury statutes were not retained under the revised Penal Law … The legislative judgment is often to enhance punishment for those who attempt to obtain vicarious immunity by using innocent agents to commit crimes (Penal Law §§ 30.00, 100.05 [2]; §§ 100.13, 105.05 [2]; § 105.10 [2]; §

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.”

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

People v. World Interactive Gaming Corp.

185 Misc. 2d 852 · New York Supreme Court · Jul 22, 1999

Respondents in this case are clearly doing business in New York for purposes of acquiring personal jurisdiction. … WIGC’s continuous and systematic contacts with New York established their physical presence in New York.

People v. Estrialgo

37 Misc. 2d 264 · New York Supreme Court · Oct 29, 1962

A study of the cases, Federal and State, establishes a clearly defined fact pattern for determining probable cause when both prongs of the problem are not established before arrest either as a matter of law or fact. 1. … Probably Trial Judges are best qualified to judge the necessity for such a detention statute and if we are qualified we are also obligated to express a viewpoint.

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.”

Peck v. Vandermark

40 N.Y. Sup. Ct. 214 · New York Supreme Court · May 15, 1884

The will was duly admitted to probate September 19, 1881, and the defendant Yan Denmark qualified as the executor thereof. … We think the letters competent to establish the agreement set out *216 in the complaint and to establish the promise of the deceased in consideration of the marriage, and that those subscribed by the deceased were sufficient

People v. Crean

115 Misc. 2d 996 · New York Supreme Court · Oct 5, 1982

Conduct occurred within such county sufficient to establish: “(a) An element of such offense; or “(b) An attempt or a conspiracy to commit such offense; or “2. … However, section 110 of that same General Construction Law qualifies the general rule, section 110 providing that: “This chapter is applicable to every statute unless its general object, or the context of the language construed

Concerned Home Care Providers, Inc. v. New York State Department of Health

41 Misc. 3d 278 · New York Supreme Court · Jul 10, 2013

The provision of waivers which are permissible under the regulations, where compliance would result in financial hardship for the health care provider or where the executive is found exceptionally qualified, are also rationally … DOH, as set forth above, is again specifically authorized by statute to enter into subcontracts with nonprofit corporations established to provide home care for the sick and disabled, and to establish the specific fees charged

Griffith v. Utica & Mohawk Railroad

17 N.Y.S. 692 · New York Supreme Court · Feb 15, 1892

In the course of the charge to the jury the trial judge observed: “It is only after three things are established” the question of damages can be considered. … Ho objection was taken that the witness was not qualified to speak.

People ex rel. Gaffney v. Mayer

41 Misc. 368 · New York Supreme Court · Sep 15, 1903

In substance it appears, and did appear before the committing magistrate, that prior to July 3, 1901, the relator had been elected, had duly qualified and was an acting member of the board of aldermen of the city of New York … Clearly not.

Zorach v. Clauson

198 Misc. 631 · New York Supreme Court · Jun 19, 1950

Spalding (supra) is clearly determinative of the constitutionality of the plan under attack. The petitioners have, in this proceeding, adopted a different prayer for relief from that sought in Matter of Lewis v. … Justice Hearh made any determination that the petition was immune from attack at this time. As a matter of fact, the Greater New York Co-ordinating Committee only became a party to this proceeding by permission of Mr.

Joachim v. Flanzig

3 Misc. 3d 371 · New York Supreme Court · Feb 25, 2004

The party seeking summary judgment must clearly establish to the court that there are no triable issues of fact. (Leo v Gugliotta, 212 AD2d 761 [2d Dept 1995]; Daliendo v Johnson, 147 AD2d 312 [2d Dept 1989].) … Therefore, he is not qualified to render an opinion which calls for an opinion relating to the legal relationship among Joachim, Flanzig and Frommer.

Sackler v. Sackler

33 Misc. 2d 600 · New York Supreme Court · Jan 25, 1962

In effect, she maintains that a spouse may no longer establish the adultery of the other if it be uncovered through unreasonable search of her legally established private residence. … But the qualifying word “unreasonable ” in both the State Constitution and Civil Eights Law does need independent construction.

Munro v. Merchant

26 Barb. 383 · New York Supreme Court · Jan 5, 1858

The court said it had been held that this language must be qualified by a condition that the case is one in which the officer had acquired jurisdiction; (see Van Alstyne v. … Clearly those which had been referred to and commented upon in previous *408 cases relating to the doctrine.