Case law

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

Martone & Son, Inc. v. County of Nassau

42 Misc. 2d 804 · New York Supreme Court · May 1, 1964

There is clearly no violation of this statute, because Michael R. … This second question is of far greater importance and is clearly presented.

Petro, Inc. v. Serio

9 Misc. 3d 805 · New York Supreme Court · Jul 29, 2005

To establish that this interpretation is to govern the analysis of whether the CARE Program is an exempt service contract, Petro relies on legislative intent purportedly established by several letters included in the Bill … first qualify as a service contract under article 79.

Thomas v. De Forest Snyder

84 N.Y. Sup. Ct. 365 · New York Supreme Court · Apr 15, 1894

in the former action also establishes that fact. … If such was the case, then clearly the defendants were not liable for fraud in making the representation alleged.

People ex rel. Empire City Trotting Club v. State Racing Commission

57 Misc. 331 · New York Supreme Court · Jan 15, 1908

Y. 92 , Chief Judge Cullen writing, held: “ Such determination, however, is not final, hut is subject to a limited and qualified judicial control to he exercised in a proper case by mandamus. … If the determination clearly violates the Constitution or the statute, mandamus will lie to correct it; if not, the courts should not intervene; and to this extent- only should they exercise their power of review.” 185 N.

Blake v. North Shore Multiple Listing Service, Inc.

81 Misc. 2d 793 · New York Supreme Court · Apr 25, 1975

To adopt By-Laws not inconsistent with this Constitution and the Rules and Regulations established in connection therewith." … Such "prior approval” of the rules was a condition precedent, first required and clearly apparent from the language of the empowering provision governing that committee.

In re Grand Jury Subpoena Duces Tecum

157 Misc. 2d 432 · New York Supreme Court · Mar 5, 1993

Therefore, if the person compelled is able to show that the subpoena calls for testimony which would tend to incriminate the respondent, the subpoena should be quashed, absent a grant of immunity coextensive with the privilege … Although a tape recording is "clearly testimonial in that it is an aural record of the accused’s communication” (Matter of Vanderbilt [Rosner — Hickey], supra, 57 NY2d, at 79 ), 5 this does not end the inquiry.

Delta Financial Corp. v. Morrison

14 Misc. 3d 428 · New York Supreme Court · Nov 14, 2006

of the LLC’s financial statements, namely, to conduct two residual certification evaluations, one as of September 30, 2001 for Securities and Exchange Commission (SEC) reporting purposes, and one as of August 23, 2001 to establish … Clearly, once a party has designated an expert, there is a requirement that certain discrete information be produced at the proper time during the litigation.

Graham v. New York Life Insurance

53 N.Y. Sup. Ct. 261 · New York Supreme Court · Oct 15, 1887

The right of the plaintiff in this sum of money is controlled by these authorities and the rules which they establish. … But,while her title is qualified and contingent in this manner, she has still by the will become entitled to the money on the decease of her mother.

Picard v. Bigsbee Enters., Inc.

New York Supreme Court · May 23, 2017

However, Article 6 does impose liability upon an "employer" (Labor Law § 190 [3]), and an officer, shareholder or agent of a corporation who qualifies as an "employer" may be subject to a civil suit on that basis ( see e.g … In particular, the present record does not clearly establish whether John Mallozzi actually exercised control over the operations of the defendant businesses and the plaintiff employees to such a degree that he can fairly

People v. Rogers

86 Misc. 868 · New York Supreme Court · May 17, 1976

The District Attorney has clearly indicated the use he intends to make of the voice exemplar, that is, to have a voice spectrogram made and then compare it to a voice spectrogram of the eavesdropping tape. … deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.”

People ex rel. Livingston v. Albany Common Pleas

19 Wend. 27 · New York Supreme Court · Oct 15, 1837

S. 108, § 15, which, if the true inter *33 prelation, would avoid all difficulty; but it is, I apprehend, clearly a misreading, and cannot be maintained. … S. p. 117, § 9, he is continued in office until a successor is duly appointed and qualified. Upon our view, the relator is entitled to his rule for a peremptory mandamus to the court of common pleas.

George v. People

180 Misc. 635 · New York Supreme Court · Mar 16, 1943

It is equally well established in this State that under the common law an alien, friend or foe, cannot acquire or transmit land by descent (see cases supra). … Any subsequent change in his status, whether by his own act, by statute, or by the cessation of war, will not qualify him retroactively to receive the inheritance. (Inglis v. Trustees of Sailor’s Snug Harbor, 28 U.

In re Investigation of the Financial Affairs

59 Misc. 388 · New York Supreme Court · May 15, 1908

Barnum Sons & Oo. for $100 for fireworks, paid Hay 20, 1907, is clearly illegal. … In the absence of legislative authority to make such payments, the same are clearly illegal. Expenses of This Investigation.

People v. Mackinder

29 N.Y.S. 842 · New York Supreme Court · Jul 15, 1894

E. 496 , it was said: “The rule thus established (section 395) is founded upon the common law rule on the subject of confessions, but is much more definite and stringent. … By the section of the Code quoted, the fear which is required to exclude the confession must be a fear produced by threats, .and the hope must be based upon the stipulation of the district attorney, promising immunity from

Interstate Cigar Co. v. I.B.I. Security Service, Inc.

105 Misc. 2d 179 · New York Supreme Court · Jun 27, 1980

The burden of proof of showing the appropriate immunity is on the party asserting it. (Koump v Smith, 25 NY2d 287, 294 .) … The reason for receiving evidence of this character was very clearly stated in a recent case as follows: ‘Acts which are part of one general scheme or plan of fraud, designed and put in execu *187 tian by the same person,

Burchetta v. Town Board

140 Misc. 2d 1050 · New York Supreme Court · Jul 16, 1988

Specifically, the Town Code provides that "the Town Board may * * * amend, supplement or change the regulations and districts herein established * * * by the Town Board’s introduction of an amending ordinance.” … It should be noted that the criteria listed in section 617.11 are all qualified by the "adversity” of these impacts on the environment.

Ecology Action v. Van Cort

99 Misc. 2d 664 · New York Supreme Court · May 1, 1979

Such a possibility in itself is clearly insufficient to establish standing to challenge. (Matter of Paolangeli v Stevens, 19 AD2d 763 ; Matter of Bank v Allen, 35 AD2d 245 .) … The court is in full agreement with this analysis of the draft EIS by one presumably better qualified as an expert in the field.

In re Egan

134 Misc. 2d 500 · New York Supreme Court · Dec 6, 1986

Although Kane did not fill in the date, the postmark date appears clearly on the envelope as October 23, 1986. … Moreover, it is not contended by respondent that Kane misrepresented any fact of the certification, or that he is anything but a duly registered qualified voter in the district.