Case law

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.

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,

Warren v. Giambra

12 Misc. 3d 650 · New York Supreme Court · Apr 6, 2006

. * While the meeting was clearly a violation of the Open Meetings Law, there was no evidence that an agreement concerning the budget or sales tax proposal was reached. … The meeting at Medaille College attended by the legislators and mediators, however, was not a judicial proceeding and therefore does not qualify for the judicial exemption (id.).

Lane v. Doty

4 Barb. 530 · New York Supreme Court · Nov 6, 1848

The qualified joint tenancy between the partners is not. destroyed, until all the partnership debts are paid. (Story on Part. § 325. 2 Barb. Sup. Court Rep. 628, 629.) … Clearly, as to every other purpose, they are not evidence against his co-executors, or the estate. (4 Cowen, 493. 5 Wend. 558, 561 . 14 Wend. 90, 98 . Peck v. Botsford, 7 Conn. Rep. 172 .)

People ex rel. Grament v. Free Synagogue Child Adoption Committee

194 Misc. 332 · New York Supreme Court · Jan 14, 1949

The statutes do establish a procedure for the adoption of a child surrendered to an authorized agency different from that prescribed for a child surrendered to an individual. … It asserts that the rélator has such personality and emotional defects as to preclude her from establishing and maintaining a sound and healthy parent-child relationship.

In re the City of New York

67 Misc. 2d 863 · New York Supreme Court · May 7, 1971

However, it must be clearly noted that all of this redevelopment, demand and upward trend is sharply restricted to the area south of 96th Street. … Thus it appears that the law, as long established, has clearly negated removability as the test of a fixture.

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.

Asian American for Equality v. Koch

129 Misc. 2d 67 · New York Supreme Court · Aug 6, 1985

In establishing the District, the New York City Planning Commission focused primarily upon the residential areas of the Study. … The plaintiffs do not deny this, but instead allege that Henry Street Partners "has sought to qualify for” a real property tax abatement.

Anonymous v. Anonymous

108 Misc. 2d 1098 · New York Supreme Court · May 4, 1981

Further *1102 more, subdivision 1 of section 109 of the Domestic Relations Law clearly defines “ ‘adoptee’ shall mean a person adopted.” … This court comes to the conclusion similar to that in Matter of Anonymous ( 46 Misc 2d 928 ) that the attorney in this proceeding does not qualify as an authorized agent, pursuant to the Social Services Law of the State of

Acca v. Bureau of Assessors

73 Misc. 2d 50 · New York Supreme Court · Oct 17, 1972

The 1961 amendment to the City Home Buie Law, which authorized the establishment of a charter revision commission as discussed above, provided at paragraph (d) of subdivision 4 of section 20 in pertinent part: “If such question … [whether or not the new charter should be adopted] shall receive the affirmative vote of a majority of the qualified electors of the city voting thereon it shall take effect as specified therein and the new city charter

McGee v. McGee

180 Misc. 2d 575 · New York Supreme Court · Mar 16, 1999

The Family Court is available to defendant, and there the Legislature has provided for free counsel, if defendant so desires and qualifies. … Clearly, both offices are concerned about an expense which, if visited upon their respective clients, would be unforseen, unprepared for and not budgeted.

People v. Miller

138 Misc. 2d 639 · New York Supreme Court · Jan 14, 1988

I have determined that the defendant has failed to establish a compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of him upon the indictment (aside from those counts I have … A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime of mental culpability.

National State Bank of Troy v. Hibbard

45 How. Pr. 280 · New York Supreme Court · May 15, 1873

, and the existence and provisions of that agreement cannot be relied upon either against him or *287 Kline, his assignee, for the purpose of qualifying their rights under the mortgage (Brown agt. … And it is clearly sufficient to entitle the mortgagee to the protection afforded by the statute against unrecorded encumbrances (3d R. S., [5th ed.], 45, § 1).

Town of Preble v. Song Mountain, Inc.

62 Misc. 2d 353 · New York Supreme Court · Mar 26, 1970

information and belief, defendants allege that the pretended zoning ordinance referred to in plaintiff’s complaint is inoperative and void, was not enacted in accordance with law and if enforced will abridge the privileges and immunities … To grant summary judgment, it must clearly appear that no material and triable issue of fact is presented, and the motion should not be granted where the issue is ‘ ‘ arguable ”.

Godulas v. New York City Transit Authority

18 Misc. 2d 831 · New York Supreme Court · May 19, 1959

There is no geographical formula which can be used to delineate the “place of work”, and the physical facts of each case must necessarily be determinative, but the precedents are helpful in establishing guides. … Turning to defendant’s contention that the obligation of maintaining the mezzanine area around the kicker in a reasonably safe condition lay on the contractor, and its employees, such argument also fails to provide the immunity

People v. Levandowski

190 Misc. 2d 738 · New York Supreme Court · Feb 20, 2002

Y., 287 NY 411, 414-415 ) and any attempt by the Legislature to abridge, limit or qualify this broad jurisdiction of the Supreme Court is unconstitutional and void (Busch Jewelry Co. v United Retail Employees’ Union, 281 … Thus, in the court’s view, although the waiver of a trial by jury in a civil case under NY Constitution, article I, § 2 clearly requires implementing legislation (in order to adopt a procedure for such waiver “in the manner

New York Coalition of Recycling Enterprises, Inc. v. City of New York

158 Misc. 2d 1 · New York Supreme Court · Sep 1, 1992

Petitioners have not established that the bill is harmful to the environment; instead of presenting evidence they have rested on conclusory allegations of harm. … Moreover, petitioners do not have immunity against the exercise of the police power because their businesses were originally established in full compliance with then existing laws (Queenside Hills Realty Co. v Saxl, 328 US

Chamberlain v. Chamberlain

3 Lans. 348 · New York Supreme Court · May 15, 1870

The bequest in question is clearly within the disability imposed by this section of the statute. … Where the use of the property is limited, there the ownership is not absolute, but qualified.

Liddell v. Paton

14 N.Y. Sup. Ct. 195 · New York Supreme Court · Mar 15, 1876

Both were included in precisely the same terms, used in the same way, and they were qualified by nothing justifying a construction rendering them more effectual in one class of cases than they would be in the.other. … The facts relied upon in its support were clearly sufficient to justify the order which was made for the defendant’s arrest, if they had remained uncontroverted by him.

Imbergamo v. Barclay

77 Misc. 2d 188 · New York Supreme Court · Dec 26, 1973

Instruction in art is clearly an educational purpose recognized by the Board of Regents. … The League qualifies as an educational institution because its objective (“ to foster an application of the arts ”) has some educational value, it performs some educational function (84 C. J. S.