Case law

Gallup v. Lederer

3 Thomp. & Cook 710 · New York Supreme Court · May 15, 1874

by the defendant’s own statement, to be authorized to sign the receipt of the carman who brought them, and no private restriction, not communicated to the other party to the transaction, was admissible for the purpose of qualifying … The exceptions taken to the other evidence excluded are so clearly untenable as to require no consideration.

St. Vincent's Hospital v. Tax Commission

119 Misc. 2d 606 · New York Supreme Court · May 12, 1983

Vincent’s is clearly correct in its assertion. … The purpose of this rule is the preservation of established rights and duties.

Holmes v. Seaboard Portland Cement Co.

63 Misc. 82 · New York Supreme Court · Apr 15, 1909

, as trustee, should vote his holdings in -the stock of both companies as he should be directed to do by the defendant Beaton; but this provision that he should follow the instructions of Beaton must plainly be taken as qualified … by his primary obligation to the plaintiff, and cannot be construed as meaning that he was under obligation or even at liberty to follow the directions of Beaton to the extent of doing or permitting any act which would clearly

Hughes Hubbard & Reed LLP v. Civilian Complaint Review Board

53 Misc. 3d 947 · New York Supreme Court · Aug 17, 2016

It further stated that “[c]oncerning the request for documents related to specific CCRB allegations and outcomes, the law clearly prohibits their disclosure under these circumstances. … personnel records include those documents ‘containing personal, employment-related information about a public employee . . . ; are received, processed and maintained as part of a [public employer’s] operations; and . . . are clearly

Occidental Chemical Corp. v. New York State Environmental Facilities Corp.

125 Misc. 2d 1046 · New York Supreme Court · Sep 26, 1984

EFC’s determination that this application did not qualify is rational. … This is clearly demonstrated in Matter of Organization to Assure Servs. for Exceptional Students v Ambach ( 105 Misc 2d 269 , revd 82 AD2d 993 , mod 56 NY2d 518 ). *1051 In that case, the Commissioner of Education was charged

Schuyler v. Busbey

23 N.Y.S. 102 · New York Supreme Court · Apr 14, 1893

The true distinction, however, is not in the malice itself, but simply in the evidence by which it is established. … And the court was not called upon, nor was it bound, to charge over again, separately, as to each particular piece of evidence, or on each particular subject, when it had once clearly and explicitly charged, as favorably

Link v. Town of Smithtown

162 Misc. 2d 530 · New York Supreme Court · Aug 15, 1994

Given the specific nature of this provision, particularly as amended, its history and ultimate omission clearly indicate that the issue of prepayment of liens was specifically considered by the Legislature and rejected. … Under Federal law, in a clear case of governmental doublespeak, such trusts were called "medicaid qualifying trusts” (see, 42 USC § 1396a [former (k)] [2], prior to repeal by OBRA '93 [see, n 4, supra]; emphasis added), even

People v. Suphal

14 Misc. 3d 711 · New York Supreme Court · Dec 8, 2006

established an intent to take the victim’s life. … is, whether defendant’s conviction for depraved indifference homicide is barred by Payne , the court finds that based on the evidence presented at trial, this is the rare case where a one-on-one murder could be found to qualify

Champlin v. Laytin

18 Wend. 215 · New York Supreme Court · Dec 15, 1837

King, says it is utterly irreconcilable with the well-established doctrine, both of courts of law and courts of equity. … But it clearly does not lie with the appellants to set up this doctrine.

People v. Trump

New York Supreme Court · Nov 21, 2018

Trump is not immune from civil suit in state court for actions he takes in his unofficial capacity. [FN1] In Clinton v. … Specifically, the Supreme Court held that the president does not have immunity and is "subject to the laws" for unofficial acts.

Adelman v. Adelman

58 Misc. 2d 803 · New York Supreme Court · Jan 31, 1969

This language is being added in order to clearly show that there is no legislative intent that this section have retroactive effect. “ As originally introduced this bill would also have provided that the separation ground … Nor are rights vested if they are qualified by contingencies (see Addiss v. Selig, 147 Misc. 731 , affd. 240 App. Div. 829 , revd. on other grounds 264 N. Y. 274 , see, also, 9 N. Y. Jur., Constitutional Law, § 246.)

Morss v. Gleason

9 N.Y. Sup. Ct. 31 · New York Supreme Court · Jul 1, 1874

Morss, one of the defendants, was the real party for whose benefit, and under whose direction, the action was prosecuted; which was matter of defense to be established by proof; The affirmative of this issue was with the … Doubtless, one member of a firm may become a creditor of the firm; certainly he may, in a qualified sense.

Charles S. Glassman Associates, Inc. v. Hallen Realty Corp.

37 Misc. 2d 877 · New York Supreme Court · Dec 11, 1962

While there may be some question as to whether their pretrial version sufficiently established a meeting of the minds of buyer and seller, it will be noted that the trial version, if believed, would definitely qualify as … tangible evidence, missing on this trial, of his financial ability to put up the amount of cash needed for the 11 all-cash ’ ’ deal allegedly procured by *883 plaintiffs — whether $275,000 or $65,000, as the evidence should clearly

Chase Bank USA, N.A. v. Hale

19 Misc. 3d 975 · New York Supreme Court · Mar 31, 2008

Co., 886 A2d 46 , 48 n 9 [Del Ch 2005] [arbitrator must have been cognizant of the controlling law but clearly have chosen to ignore it in reaching a decision].) … In addition, it must be found that “the law ignored by the arbitrators was well defined, explicit, and clearly applicable to the case.”

People v. Vinson

104 Misc. 2d 664 · New York Supreme Court · Jun 3, 1980

Thus, we should be most careful in admitting into evidence the results of such tests unless their reasonable accuracy and general scientific acceptance are clearly recognized.” … Atwood implicitly conceded on this hearing, even an independent analysis of a subject’s chart by a second qualified expert cannot cure an incompetently or improperly administered test.

People v. President & Directors of the Manhattan Co.

9 Wend. 351 · New York Supreme Court · Oct 15, 1832

comprehensive ; and if the power of banking caa be conferred in general terms, without using the word itself or enumerating the particulars in which it consists, they would seem necessarily to embrace it, unless they are qualified … Judge Spencer thought the restraining act did not apply, and that the power of banking was clearly conferred by the terms of the charter.

In re Horace

168 Misc. 2d 981 · New York Supreme Court · Apr 1, 1996

It was clearly and understandably the legislative intent by enactment of this statute to protect the right of privacy of victims of sex offenses. … Should it be established through such scientific analysis that John Horace is the father of Jane Doe’s child, such evidence would certainly be admissible to establish Mr.

In re the Accounting of Gilchrist

206 Misc. 687 · New York Supreme Court · Sep 3, 1954

The grantor cites two cases which seem definitely to establish the legal right of the grantor of an inter vivos trust to retain the power to settle an account nonjudicially by the execution and acknowledgment of a written … It clearly appears that the account of the executors for this trust was settled by agreement of the parties informally and nonjudicially.

Quinn v. Aetna Life & Casualty Co.

96 Misc. 2d 545 · New York Supreme Court · Jul 5, 1978

In stating that society has as strong an interest in the free flow of commercial information as they do in political information (Virginia Pharmacy Bd. v Virginia Consumer Council, supra, p 764) the court clearly eliminated … For that reason alone, the speech might properly be restrained as it has been held that the press is not immune from statutes of general applicability.

MBIA Insurance v. Credit Suisse Securities (USA) LLC

32 Misc. 3d 758 · New York Supreme Court · Jun 1, 2011

Lost profits are recoverable under this general rule, but only if: (1) it is certain that the loss was caused by the breach; (2) the amount of loss is established with reasonable certainty; and (3) the particular damages … Further, the PSA clearly limits damages to the Repurchase Protocol for breaches of representations and warranties (PSA § 2.03 at 72). Jury Trial The motion to strike MBIA’s demand for a jury trial is granted.