Case law

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

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

Bradley v. Baxter

15 Barb. 122 · New York Supreme Court · Apr 15, 1858

The language of the act itself shows clearly that such was the intention of its framers. … It is true that the governor is endowed with a qualified veto, and in some peculiar cases the power is given to the legislature to refer certain great financial questions to the people.

City National Bank of Poughkeepsie v. Phelps

23 N.Y. Sup. Ct. 158 · New York Supreme Court · Dec 15, 1878

I see no objection to a recovery against him, if a several liability against him has been established. (Code of Civ. Proc., §§ 456, 539, 540.) … That was clearly erroneous, for his liability for future advances ceased when the bank received notice of the dissolution of the partnership, and it did not depend upon the giving or the omission to give such notice.

Wiltsie v. Shaw

36 N.Y. Sup. Ct. 195 · New York Supreme Court · Jan 15, 1883

The executor refused to qualify as executor. … And, clearly, when that should have been done, that legacy would have been paid.

People v. Garcia-Cepero

22 Misc. 3d 490 · New York Supreme Court · Oct 23, 2008

Under ordinary circumstances where a person speaks English fluently the reading of section 1194 (2) (f) and the mere asking if the person understands the warning qualifies as a sufficient warning in clear and unequivocal … Clearly, in this court’s opinion, this was not a persistent refusal as required by Vehicle and Traffic Law § 1194 (2) (f).

Bates v. Salt Springs Nat. Bank of Syracuse

34 N.Y.S. 598 · New York Supreme Court · Jul 5, 1895

To say that the bank was not entitled to this fund because it could not procure the proper certificate in no way established the fact that the fund belonged to the lienholders. … If such was its purpose, then clearly the judgment in this case was right, and should be affirmed. In Lauer v. Dunn, 115 N. Y. 405 , 22 N.

Pelych v. Potomac Insurance

91 Misc. 2d 973 · New York Supreme Court · Nov 1, 1977

No premium charge is entered in the space for automobile hazard I and the defendant argues that this clearly indicates that no coverage was provided for this hazard. … On the first page of the insurance policy, under definitions, "insured” and "named insured” are defined as follows: " 'insured’ means any person or organization qualifying as an insured in 'Persons insured’ provision of the

People v. Monroe

125 Misc. 2d 550 · New York Supreme Court · Jul 12, 1984

The Grand Jury may indict only when the evidence establishes a legally sufficient case. (CPL 190.65, subd 1; CPL 70.10, subd 1.) … Defendant Monroe, after executing a waiver of immunity, testified with reference to the February incident. He stated, in essence, that there was a misidentification and that he did not commit the robbery.

Lipiner v. Plaza Jewish Community Chapel

54 Misc. 3d 664 · New York Supreme Court · Nov 22, 2016

Leszkowitz and they testified clearly and credibly. Accordingly, the court finds these witnesses’ testimony to be credible and their testimony provides good and substantial reasons why Ms. … Katz (petitioner’s daughter), David, and Shelly 3 clearly had agendas motivating their testimony other than determining the final wishes of Ms. Leszkowitz.

People ex rel. American Contracting & Dredging Co. v. Wemple

14 N.Y.S. 859 · New York Supreme Court · May 21, 1891

But, as its allegation is positively made in the return, it must be taken as establishing the time of the service of the notice. The return to the writ must be taken as conclusive, and acted upon as true. People v. … Unless the effect of the provision, above quoted is qualified or modified by the provisions of sections 19 and 20 of chapter 463 of the Laws of 1889, then the service of the notice and papers as prescribed by the provisions

Macdonald v. Mayor of New York

39 N.Y. Sup. Ct. 89 · New York Supreme Court · Mar 15, 1884

The doctor made such examination and qualified himself to become a witness, and at the request of the district ’■ *90 . attorney attended tbe court and was examined upon the trial. … This,case we think very clearly establishes that'the plaintiff, as the appointee of the commissioners of charities and corrections, is not an officer of the corporation within tbe meaning of section 59 of the consolidation

Daly v. Mathews

20 How. Pr. 267 · New York Supreme Court · Nov 15, 1860

The current of authority is clearly and emphatically against the sufficiency of the statement. Section 383, requires it to contain the facts out of which the indebtedness arose. … rule or even to limit or qualify any already established.

People v. American Art Union

13 Barb. 577 · New York Supreme Court · Jun 11, 1852

It is clearly not the sole object. … At the time that the constitution was established, art unions were unknown in this country.

Eighth Avenue Coach Corp. v. City of New York

170 Misc. 243 · New York Supreme Court · Feb 28, 1939

Thg_estimate of twenty to twenty-five per cent appears to he well established and I am prepared to find from all the proofs that this fact has been established by the best and most accurate information available. … This clearly appears from the contract itself.

Gillott v. Esterbrook

47 Barb. 455 · New York Supreme Court · Jan 8, 1867

Potter, J. “ The facts established by the evidence show that the plaintiff is a manufacturer-of steel pens at Birmingham, England. … It was clearly shown that this was not done until the plaintiff had established the reputation of his pen “No. 303,” and that his use of that design was continuous and uninterrupted ; and under a constant protest against

Beekman v. People

27 Barb. 260 · New York Supreme Court · May 3, 1858

¡Now the school might be established without buying land, but the question is, would it not be a due execution of this trust to apply this fund in buying land and building a school house ? It clearly would be. … That the bequest to the missionary society is absolute, and not qualified or limited by any trust whatever; and Secondly. That it is valid as a charity. These two positions are inconsistent, and cannot stand together.

People ex rel. Provident Loan Society v. Chambers

196 Misc. 367 · New York Supreme Court · Mar 17, 1949

Universities and hospitals qualify as public charities though they do not limit their services to the poor. Cases cited by respondents for a contrary doctrine are not in point. The holding in People ex rel. … Y. 196 ), cited by respondents, is clearly distinguishable. There, on dissolution of the relator, all its assets were to be divided among its stockholders.

Berner v. United Airlines, Inc.

2 Misc. 2d 260 · New York Supreme Court · Jan 30, 1950

Such final destination, it is obvious, falls clearly within the phrase, “ place of destination ” of subdivision (1) in article 28 of the Warsaw Convention (Wyman v. Pan American Ainvays, supra; see 20 N. Y. … Thus, we now have the liberal interpretation propounded in such arbitration cases that the constitutional privilege of a nonresident to remain immune from process may be waived no less before than after the commencement of

Dugan v. Dugan

126 Misc. 2d 600 · New York Supreme Court · Dec 12, 1984

Is a divorced father’s philosophical belief that his children should “work their way through college” a viable defense to an application to compel him to pay for their college educations where the law clearly requires such … The respondent conceded that all his children are “A” and “B” students, some are honor students and that their high grades qualify all of them for college.