Case law

State v. Nelson

30 Misc. 3d 715 · New York Supreme Court · Nov 16, 2010

The United States Supreme Court has clearly held that statutes like the Kansas sex offender civil management statute at issue in Hendricks do “not establish criminal proceedings and that involuntary confinement pursuant to … The respondent here clearly meets that criterion.

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.

Campaign for Fiscal Equity v. State

187 Misc. 2d 1 · New York Supreme Court · Jan 9, 2001

Clearly the Court of Appeals’ template describes qualities above these low thresholds. … The establishment of such a causal link might appear to be fairly straightforward.

Davis v. Hults

24 Misc. 2d 954 · New York Supreme Court · Jul 1, 1960

It also provides that the Commissioner 11 may refuse to issue or renew a license if he deems the applicant not qualified to receive ” it (subd. 5). … What those standards are in every case need not now be pointed out or judicially established.

Fry v. Smith

10 Abb. N. Cas. 224 · New York Supreme Court · Jan 15, 1882

This clearly results from what is stated towards the close of the opinion of Chief Justice Church, in Barnes v. Underwood. … And when an executor has qualified, he, in practice, actually takes the whole personal estate and administers it.

People v. Pierre

51 Misc. 3d 1035 · New York Supreme Court · Mar 21, 2016

Significantly, Google’s warning that it might review content is qualified by the rest of that sentence and the one that follows: “We may review content to determine whether it is illegal or violates our policies, and we may … The combination of the documents cited by defendant and the exhibits attached to the People’s affirmation in opposition clearly establish that the two investigations pertaining to defendant were separate until Detective Queiroga

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

In re Coles

27 Misc. 2d 789 · New York Supreme Court · Feb 28, 1961

Quite clearly the Legislature, by virtue of including the requirement of such consent—and the courts commenting thereafter—have recognized the necessity and propriety of control by the party chairman, albeit a limited control … He has, says the First Department, “ a qualified veto power ” (Mele v. Ryder, 8 A D 2d 390, 394 [1959]).

New York Central Railroad v. Lefkowitz

46 Misc. 2d 68 · New York Supreme Court · Apr 8, 1965

to be avoided when the statutes were enacted have lessened to such extent that the minimum crew requirements are now clearly unreasonable and arbitrary. … Certainly, if there is such a purpose, it is not clearly expressed.

People v. Digaetano

188 Misc. 2d 771 · New York Supreme Court · Jul 31, 2001

In order for the rifles in this case to qualify for inclusion under *774 the statutory sanctions of subdivision (22) of section 265.00 of the Penal Law they must at a minimum be able to accept a detachable magazine that is … Why then would the same ballistics expert who tested all of the rifles and who is clearly aware of what traits are necessary to support assault weapon charges include this vital information in one report but omit it as to

Watkins v. Stevens

4 Barb. 168 · New York Supreme Court · Sep 4, 1848

The defendant ought to have objected, on the hearing before the referees, to the admissibility of the evidence under the pleadings, and to its sufficiency to establish a cause of action. (Underhill v. … Clearly, without proof of the performance of the condition, a conditional promise could not be given in evidence under a general replication.

Bander v. Grossman

161 Misc. 2d 119 · New York Supreme Court · Apr 25, 1994

The jury clearly rejected the proposition that there was no upward *122 curve in value toward the end of 1987. … In this instance, plaintiff’s very attempt to prove qualifiable special performance damages has also proved: (a) the value of the disputed automobile was readily established by expert sources; (b) the adequacy of legal contract

In re Laudy's Will

29 N.Y.S. 136 · New York Supreme Court · May 18, 1894

It should be said that the respondent does not admit that the evidence justifies such an assertion, but it seems to us quite clearly otherwise. … But while no one familiar with her handwriting, or a person qualified to express an opinion of the genuineness of handwriting, after examination of established signatures, was called upon to say whether it was her signature

McBarnette v. Feldman

153 Misc. 2d 627 · New York Supreme Court · Jan 30, 1992

Feldman from Acquired Immune Deficiency Syndrome (AIDS). Philip Feldman was a licensed dentist who maintained a general dental practice located at 1850 Route 112 in Coram, Suffolk County on Long Island, New York. … Clearly, a patient of defendant who may have been seen for only a checkup or X rays does not run the same risk as the patient who had root canal or tooth extraction.

Wolcott v. Van Santvoord

17 Johns. 248 · New York Supreme Court · Oct 15, 1819

R. 498.) in an action against the maker of a note, payable at a particular place in London, Lord Ellenborough expressed himself clearly <»f opinion, that the place of payment was merely to be considered a memorandum where … I consider that, the decision made in this case establishes a new' rule, and, I .somewhat Lear, one that will be found impolitic and injurious ; I always feel the utmost reluctance to innovate upon established commercial

Empire Trust Co. v. Coleman

85 Misc. 312 · New York Supreme Court · Apr 15, 1914

Coleman, who duly qualified as.such executor, and is now acting as such. … originally reserved by the new mortgage for $95,000, and by the agreements extending the old mortgages, was six per cent, and this payment by the borrower to the lender of $7,200 in addition to lawful interest was, therefore, clearly

In re the City of New York

42 Misc. 2d 319 · New York Supreme Court · Feb 21, 1964

Transcontinental & Western Air ( 187 F. 2d 122 [2d Cir.]) the reports were held admissible against the airline because they were made by its own board of inquiry on the established fault on its part, thus qualifying as admissions … (p. 130): “ The reports in tlhe case at bar were against the interest of the entrant when made, since they charged serious fault on the part of employees Both and Langsdale, and whether or not completely accurate were clearly

Dick v. Murphy

128 Misc. 4 · New York Supreme Court · Jul 15, 1926

It was clearly the intent of the Legislature that the difference between the high and low rate, in all cases where remainders were contingent, should be held and retained by the Comptroller or county treasurer and segregated … The duty to retain and hold this difference was nevertheless imposed upon the Comptroller by mandatory direction, and the performance of that duty was not qualified in the statute by the form of the order.

58 West 58th Street Tenant Ass'n v. 58 West 58th Street Associates

126 Misc. 2d 500 · New York Supreme Court · Jun 12, 1984

Corp. ( 61 NY2d 341, 344-345 ), the Court of Appeals addressed the issue of a tenant in occupancy’s right to buy: “A *506 corporate tenant which qualifies as a ‘tenant in occupancy’ under the [Rent Stabilization Code] on … Accordingly, the petitioners have failed to establish that the Attorney-General acted arbitrarily or capriciously in accepting the declaration of effectiveness, and the clerk is directed to enter judgment dismissing the petition

People v. North River Sugar Refining Co.

22 Abb. N. Cas. 164 · New York Supreme Court · Jan 15, 1889

It would seem to be impossible, therefore, to qualify the boards of directors in the various corporations. … This clearly bears out my previous observation that these corporations exist as creatures of the law, and are conducting business under its authority without a single genuinely qualified director; in fact, without directors