Case law

People v. McLaughlin

93 Misc. 2d 980 · New York Supreme Court · Jan 18, 1978

As explained in State v Curtis (supra, pp 240- *989 241), "the statutory terminology of 'presumptive evidence’ merely has the effect of permitting an inference to be drawn from the established facts that another fact exists … As a matter of fact, this very presumption, long held immune from constitutional attack, was referred to in terms of direct analogy by the Appellate Division in the Eff-Ess case (supra).

In re Love Canal Actions

145 Misc. 2d 1076 · New York Supreme Court · May 17, 1989

Reports or affidavits of a physician or other qualified expert demonstrating that each injury of a plaintiff was, in fact, caused by the plaintiff’s exposure to chemicals at or from the old Love Canal landfill. … Clearly, plaintiffs will have to reveal during discovery stages evidence upon which their causation expert will base his or her opinion.

In re Burbridge

173 Misc. 233 · New York Supreme Court · Feb 8, 1940

This article is confined to the establishment of a uniform procedure of obtaining relief formerly obtained by certiorari, mandamus or prohibition. … However, the substantive principles of these old procedures, clearly defined by numerous court decisions, have not been extinguished by the new article.

In re Lyddy's Will

5 N.Y.S. 636 · New York Supreme Court · May 24, 1889

These discrepancies in the testimony in regard to these facts, clearly, in no way impeached the value of the testimony in respect to the necessary facts to be established in order to show that there has been a due execution … How, in respect to this question of mental incapacity, it is necessary that the contestant should establish the fact.

Societe Generale v. Charles & Co. Acquisition, Inc.

157 Misc. 2d 643 · New York Supreme Court · Apr 15, 1993

The consolidation agreement’s "Exhibit B,” entitled "De *647 scription of the Mortgages,” clearly identifies two separate mortgage liens and reads, in part, as follows: "1. … The Board’s lien for unpaid common charges is superior to the lien of the plaintiff’s second mortgage. * Having established its meritorious defense, the Board’s default in answering is cured and the order of November 16,

People v. Hartung

23 How. Pr. 314 · New York Supreme Court · Mar 15, 1862

The language is full and comprehensive, and clearly embraces a judgment arising on demurrer. … I have also expressed the opinion, that the act of 1860 did not amount to a legislative pardon ; that neither its object nor its effect was to extend immunity to the offender, and that at no period since the alleged commission

People v. Kane

14 N.Y. Crim. 316 · New York Supreme Court · May 26, 1899

Willis, supra), this is not done; but parallel comparison clearly shows, as the learned district attorney states, that the indictment is found upon section 1551 of the charter. … Y. 402 , the court, per Selden, J. ‘ says: “ These qualifying words being found in the enacting clause of the statute, an indictment would not be good which failed to show that the defendant was not within their protection

Jones v. Trane

153 Misc. 2d 822 · New York Supreme Court · Oct 19, 1992

In the present case, however, the facts alleged clearly fail to indicate the existence of any counseling relationship between defendant Trane and Martin of which the misconduct alleged was a part, such as might preclude an … predictable and foreseeable injurious consequences of personnel decisions, although such decisions incorporate no theological or dogmatic tenets — would go beyond First Amendment protection and cloak such bodies with an exclusive immunity

New York Racing Ass'n v. Nassau Regional Off-Track Betting Corp.

29 Misc. 3d 539 · New York Supreme Court · Jul 29, 2010

The court concludes that NROTB clearly received actual knowledge of the unauthorized telecasts within a reasonable time after they occurred. … However, if the officer is a “public figure,” the defendant will have a qualified privilege and the plaintiff must establish actual malice (Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065 [1979]).

City of New York v. Blum

98 Misc. 2d 373 · New York Supreme Court · Feb 27, 1979

Respondents/State The State interposes the following affirmative defenses: (1) the court lacks subject matter jurisdiction because (a) the State has not, by express statute, waived its immunity to suit by the City and this … /restricted payments in excess of the limits established in 18 NYCRR 381.9. 2.

People v. Hoyte

185 Misc. 2d 587 · New York Supreme Court · Sep 6, 2000

A single error by counsel which “so seriously compromises a defendant’s right to a fair trial * * * will qualify as ineffective representation.” … The Court of Appeals spoke quite clearly in Ryan , and it is plainly apparent to this court, that in those cases where the crime was committed post-iZyore but prior to the legislative enactment which effectively overruled

Broadcast Music, Inc. v. Taylor

10 Misc. 2d 9 · New York Supreme Court · May 3, 1945

That, it seems to me, is the situation established by the evidence in this case. … I think they have abundantly established their right to such relief.

Thompson v. Lomenzo

78 Misc. 2d 298 · New York Supreme Court · May 31, 1974

The restricted area is clearly delineated, including within its boundaries thousands of homeowners who have requested that they not be solicited; and in which defendant’s earlier effort to curb solicitation failed. … protective and qualifying standards (Dodge v.

Clarke v. City of Rocherster

5 Abb. Pr. 107 · New York Supreme Court · Jun 15, 1857

These cases arose under the act “to establish free schools throughout the State, passed March 26,1849.” … Section 291 declares that the preceding sections 285,286, 281, 288, 289, 290, together with this section (§ 291), shall not take effect until they shall be submitted to the electors of the city of Rochester, qualified to

People v. Burnet

24 Misc. 3d 292 · New York Supreme Court · Mar 3, 2009

Although this court is unaware of any federal or state constitutional right to have interpretation services in either judicial or extrajudicial proceedings, it seems that the failure to provide a qualified interpreter in … As such it is of no consequence that the uncontroverted evidence adduced at the hearing established that the defendant was not in possession of a valid New York State driver’s license.

People ex rel. Watkins v. Commissioners of Excise

4 Misc. 547 · New York Supreme Court · Aug 15, 1893

These commissioners duly qualified and acted as such, and on the 4th day of June, 1893, while they were in session as a board of excise in the town of Warsaw, the relator presented to them a written application for a hotel … ability and clearness, proceeds to establish this position both by reason and authority.

Sarvent v. Hesdra

33 N.Y. Sup. Ct. 550 · New York Supreme Court · Mar 15, 1882

The new procedure established by the Code went into effect September 1, 1880, but by subdivision 11 of section 3347 of the Code this procedure was only to apply to actions or proceedings commenced after September 1, 1880. … It very clearly was not the intention of the legislature or of the codifiers that their action should produce any such result.

Robert v. Corning

30 N.Y. Sup. Ct. 299 · New York Supreme Court · Dec 15, 1880

The will very clearly creates a power of sale, and, in respect of the real estate in the State of New York, it imposes some restrictions upon the mode of executing the power. … But, to give weight to this objection, it is necessary first to establish that the executors were by the will vested with the fee of the real estate.

Jewett Refrigerator Co. v. Lawless

120 Misc. 443 · New York Supreme Court · Mar 15, 1923

This clause is not then a covenant but a qualifying condition. 2 Williston Cont. 1283. … Van Voorhis does not in any manner contemplate or establish such a waiver, or a consent to or notice of such work.

377 Greenwich LLC v. New York State Department of Environmental Conservation

14 Misc. 3d 417 · New York Supreme Court · Nov 15, 2006

In enacting the BCPA, the Legislature rejected other versions of the bill which did not contain the qualifying requirement of complication, but would have allowed all contaminated sites to participate in the BCP. … The problem with the owner’s analysis is that acceptance into the BCP is but the first step in establishing entitlement to the tax benefits under the BCPA.