Case law

People v. Kelly

3 N.Y. Crim. 35 · New York Supreme Court · Jan 15, 1885

Y. 196, 202 , is clearly distinguishable. … When one part of a charge clearly qualifies an instruction given, which standing alone would be misleading, the charge is not objectionable People v. Pearsall, 50 Mich. 233 .

Committee to Preserve the Historic Chautauqua Amphitheater v. Board of Trustees

51 Misc. 3d 729 · New York Supreme Court · Feb 19, 2016

Its 24 members establish the policies and direction of the Cl, electing the officers who are responsible for its operation. … The Cl and its amphitheater are clearly within the waterfront area.

Lindsley v. Van Cortlandt

22 N.Y.S. 222 · New York Supreme Court · Feb 13, 1893

Hall a receiver of "the judgment debtor’s property, and the receiver duly-qualified August 8, 1891. … The granting of the order to file the proof of the service of the summons and complaint was clearly within the power of the court, if it was necessary.

People v. Pitts

24 Misc. 3d 869 · New York Supreme Court · May 13, 2009

While the facts of DiGuglielmo would not have allowed both depraved indifference and intentional murder to go to the jury today, the Court of Appeals clearly stated that post-Sanchez law would not be applied retroactively … However, the Court of Appeals did not qualify its holding on retroactivity, and DiGuglielmo seeks to carve a distinction where none was made.

In re Ideal Mutual Insurance

18 Misc. 2d 127 · New York Supreme Court · Jul 16, 1959

Since National Dairy divisions are located in many different States, Ideal qualified to do business in 33 States and the District of Columbia. … Upon the facts clearly established on the record herein, the court concludes that the basic principles of fair play and justice require the granting of the relief prayed for in the petition.

People v. Vollero

108 Misc. 635 · New York Supreme Court · Sep 15, 1919

I think you will get that clearly. An accomplice is one who himself, on the proof in the case, would be guilty of the offense charged. … Clearly the trial justice himself was not aware of it. If he had been he most certainly would not have charged the jury as he did regarding Mancini.

Forstman v. Arluck

149 Misc. 2d 929 · New York Supreme Court · Jan 9, 1991

defendant Richard Dranitzke, without having accumulated through pretrial disclosure sufficient facts on which to predicate a malpractice cause of action against the defendant Richard Dranitzke and without having secured a qualified … In this case pretrial preparation had failed to provide any clearly defined theory of liability with respect to the defendant Richard Dranitzke and it can be concluded that nothing elicited at trial was in the nature of a

McMillan v. Department of Citywide Administrative Services

48 Misc. 3d 394 · New York Supreme Court · Apr 13, 2015

Absent evidence that CSC’s decision was arbitrary or capricious, or that CSC clearly abused its discretion, respondents argued that the decision to affirm petitioner’s disqualification had to be upheld. … Nonetheless, the position for which Appellant seeks to be qualified is a potentially armed one, for which the highest standards need be applied.

Francis v. Ocean Insurance Co.

6 Cow. 404 · New York Supreme Court · Oct 15, 1826

But this point was not much insisted upon by the defendant’s counsel; and is clearly incapable of being supported. It is objected, 2. That the answers of capt. … establishes a compliance with this implied warranty.

People v. Kurtz

49 N.Y. Sup. Ct. 335 · New York Supreme Court · Nov 15, 1886

In these views we are of the opinion that the confession was not shown to be so clearly voluntary under the aforesaid section that, it-was admissible. … The doctrine contended for by the defendant there seems to be established in these States. It appears to us sound.

People v. Ortiz

180 Misc. 2d 783 · New York Supreme Court · Nov 18, 1998

But those cases are clearly errant missteps in light of Parker ( 41 NY2d 21 , supra), and cannot be followed. … This conviction would have qualified as a felony under section 70.10. 2.

People v. Minisci

12 N.Y. St. Rep. 719 · New York Supreme Court · Dec 30, 1887

The testimony of the defendant, so far as it tended to-establish the theory of self defense, stood alone, and was-controverted in several important particulars. … as he afterwards testified, without qualification, to the facts which the admissions tended to establish.

Striker v. Kelly

2 Denio 323 · New York Supreme Court · Dec 15, 1845

for they are clearly judicial in their nature. … available it must be shewn that the judges, when acting upon the business relating to streets, cannot exercise the ordinary powers of- the court, so far as they are applicable; and that they have no claim to the personal immunity

Green Party of Erie County v. Erie County Board of Elections

54 Misc. 3d 318 · New York Supreme Court · Oct 3, 2016

DePasquale’s enrollment in the Green Party is not a requirement to qualify as the party’s candidate in the general election, and (3) removing Mr. … DePasquale provided the subcommittee with an affidavit clearly manifesting his support for the Green Party platform.

Kelly v. Kaladjian

155 Misc. 2d 652 · New York Supreme Court · Jul 14, 1992

EAA grants are limited to disabled or elderly persons and those poor enough to qualify for Supplemental Security Income. (18 NYCRR 397.1 [a].) … Now working 55 hours per week to make ends meet, she clearly cannot pay arrearages incurred while she was unemployed and after her husband abandoned her.

National Insurance & Guarantee Corp. v. Vander Veer

66 Misc. 2d 862 · New York Supreme Court · Jun 21, 1971

It is sufficient that the language used shows that the settlor intended to create a trust and clearly points out the property, the beneficiary and disposition to be made of the property. … The court finds no merit in respondents’ contention that the trust established violates the rule against perpetuities.

Bane v. Bane

196 Misc. 318 · New York Supreme Court · Jul 26, 1948

Jurisdiction in divorce matters is clearly based upon something more than personal jurisdiction over the parties to the suit. … If the court granting a divorce decree determines that that res is within its jurisdiction by the establishment of a domicile within its authorized boundaries and there has been compliance with the strictest requirements

Alexander v. Greene

7 Hill & Den. 533 · New York Supreme Court · Dec 15, 1844

The incidents which the law affixes to this employment are, that the carrier has the-control and possession of the goods, and *545 a qualified property in them, and is responsible for their safe delivery. … I think both the circuit judge and supreme court were clearly in error.

Fruit & Vegetable Supreme, Inc. v. Hartford Steam Boiler Inspection & Insurance

28 Misc. 3d 1128 · New York Supreme Court · Jul 7, 2010

When interpreting policy exclusions courts are directed to give exclusions a narrow construction and they will be enforced only if they are set forth clearly and without any ambiguity. … following considerations are determinative: “(1) factual findings and inferences which reasonably flow therefrom are admissible; (2) opinions may be admissible, if sufficiently supported by the facts, and provided by a qualified

In re the People

199 Misc. 941 · New York Supreme Court · Jun 25, 1951

An article on the establishment of a literature department refers to the I. … In many instances all of the officers of the order, with the exception of one, threw the cloak of immunity around themselves and refused to answer pertinent questions which would have assisted the court in determining the