Case law

People v. Scanlon

15 Misc. 2d 56 · New York Supreme Court · Jun 23, 1958

General Business Law, permanently enjoining the defendant from engaging in the sale and distribution of securities in the State of New York, except as a salesman employed by a reputable dealer and broker registered and qualified … The affidavits submitted by the defendant and which are not refuted in substance by the Attorney-General clearly indicate *58 that any moneys defendant may have owed to clients have been repaid in full with compound interest

In re the Accounting of Manufacturers Trust Co.

6 Misc. 2d 991 · New York Supreme Court · Mar 4, 1957

She relies primarily upon two points, the first being the well-established rule that an estate conveyed in one clause of an instrument cannot be cut down by subsequent clauses which are other than clear and unambiguous. … Here, the gift and the qualifying conditions are found in the same paragraph (Second) of the donee’s will.

In re Baker

11 How. Pr. 418 · New York Supreme Court · Mar 15, 1855

The recitals showed full compliance with the statute in regard to the election of supervisor, and the statement at the close of the canvass, and showed that Peck was duly elected, that he duly qualified, and entered upon … The appointment of Baker as supervisor by the justices was clearly void; and if I am right in the views above taken, as to the prima facie title of Peck to the office, Baker had not even a colorable title; and that he was

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.

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.

Kortz v. Board of Canvassers of Greene County

12 Abb. N. Cas. 84 · New York Supreme Court · Nov 15, 1882

Its purpose and object are clearly apparent from the language employed. … The opposing affidavits go further and show very clearly that the votes returned for Andrew C.

Wright v. Clark

81 Misc. 527 · New York Supreme Court · Jul 15, 1913

Clark at the time of the execution of the alleged will of September 8, 1910, was clearly shown upon this trial by the proof of her general condition, as well as by the testimony of the subscribing witnesses to that paper. … the trustee cannot urge that fact in defense of his own misconduct in appropriating the entire trust fund to his own use; nor can his surety for that reason escape liability on its bond; and I think its liability may be established

McDonald v. McDonald

179 Misc. 2d 211 · New York Supreme Court · Nov 13, 1998

The court finds: (1) the plaintiff does not qualify as a “subject” pursuant to Public Health Law § 18 (1) (h), and (2) that there was no waiver of the privilege as urged by the plaintiff. … However, the plaintiff has conceded the fact that the parties separated on July 9,1990, one day before the complained-of conduct began. *217 Plaintiffs pleadings and subsequent actions clearly establish to this court that

Town of Duanesburgh v. Jenkins

46 Barb. 294 · New York Supreme Court · Jul 10, 1866

It is clearly apparent that subsequent legislation was intended by the managers, to legalize these acts of the commissioner. But the legislature could not do indirectly what it had not the power to do directly. … Bonds issued in the name of the town have been sold to third persons for value;- the act of 1859, in its sixth section, says, qualified by the condition of the. second section, that “all bonds issued by the commissioners

Fowler v. Mott

19 Barb. 204 · New York Supreme Court · Jan 2, 1855

But, clearly, it had been in constant use during that time, • and that was all that was necessary, to continue its previously acquired public character. … But in such cases the right of way, and the franchise, both emanate from the public, and one may well qualify the other. [Kings General Term, January 2, 1855. S'. B. Strong, Rockwell and Dean, ■ Justices.]

Sunshine Book Co. v. McCaffrey

8 Misc. 2d 327 · New York Supreme Court · Apr 25, 1952

Nor is a criterion of proper conduct to be *332 established by the antics of faddists. The test of decency is the fair judgment of reasonable adults in the community. … It said at pages 715-716: “ The objection has also been made that the principle as to immunity from previous restraint is stated "too broadly, if every such restraint is deemed to be prohibited.

Losee v. Buchanan

61 Barb. 86 · New York Supreme Court · Jul 14, 1868

I have found no difficulty in sustaining both as law, and clearly distinguishing between them. … The second and third of these qualifying propositions in the charge, I regard also as sound, and can *120 only apply to them the same remarks as to their effect upon the jury, as I have to the first.

Escalante v. Rapid Armored Corp.

183 Misc. 2d 135 · New York Supreme Court · Dec 10, 1999

To comply with the requirement under 29 USC § 2006 (d) (4) (D) (iii) that the employee be apprised of the basis of the employer’s reasonable suspicion, Rapid was clearly required to do more than merely repeat the fact that … There is nothing in the defendants’ motion papers which have established otherwise.

Crawford v. Wilson

4 Barb. 504 · New York Supreme Court · Nov 6, 1848

But the motion for a nonsuit was properly denied, because the action was clearly maintainable on the 5th, 6th, 7th and 8th counts, which are founded on the libellous letter addressed by the defendant to the father of the … The place where a man carries on his established business, and has his permanent residence, is his domicil. Residence is defined in Bouvier, to be the place of one’s domicil.

Schutt v. Macduff

205 Misc. 43 · New York Supreme Court · Jan 2, 1954

The licensed operator possesses a qualified right granted by the State. … This decision has to do with due protection of one against arbitrary or unlawful revocation of his driver’s license, and, *55 therefore, is not intended to and should not affect the practice established by the police in various

Ex parte Tayloe

5 Cow. 39 · New York Supreme Court · Oct 15, 1825

Hawkins, (B. 2, ch. 15, s. 40,) expresses himself more clearly and correctly to this point than any other author upon criminal law. … He adverted to the cases in Strange ; but was not *60 governed, by them ; he uses nearly the same qualified Ian guage, which I have cited from The King v. Marks, (3 East, 165.)

People v. Herr

158 Misc. 2d 306 · New York Supreme Court · Jun 18, 1993

This dictum, defendant argues, establishes that the mere fact that Mr. … Opinion 564 clearly demonstrates the problems in utilizing a per se rule, especially since Special District Attorneys, unlike Town and Village Prosecutors, often prosecute serious and high profile crimes, and are clearly

Bank of Troy v. Topping

13 Wend. 557 · New York Supreme Court · May 15, 1835

The agreement to submit and the note and the award were considered as parts of the same transaction and as qualifying and explaining each other. … The evidence clearly showed that it was not so understood and intended by the parties.

People v. Blankymsee

196 Misc. 2d 240 · New York Supreme Court · Jun 3, 2003

It was also established that no ballistic or other evidence was recovered at the scene to substantiate the fact that any shots had, in fact, been fired. … Clearly, however, what the defendant has requested here does not qualify as the production of actual Brady material, but rather is in the nature of an inquiry based upon an allegation of misconduct.