Case law

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.

People v. Alston

79 Misc. 2d 586 · New York Supreme Court · Oct 16, 1974

The question of establishing a voluntary consent is one of fact (Schneckloth v. Bustamonte, 412 U. S. 218 ). … The evidence clearly shows beyond a reasonable doubt that no arrest was made nor was custody implemented prior to February 7,1973.

St. Luke's Hospital Center v. Ingraham

85 Misc. 2d 588 · New York Supreme Court · Nov 10, 1975

further asserts that said losses have stemmed mainly from "financing emergency room and clinic programs rendered as a public service to the community * * * in a neighborhood of 'working poor’ people who earn too much to qualify … Luke’s Hospital has rendered high quality health services to the upper west side community for many years and any curtailment of its services for lack of funds would clearly constitute a severe deprivation to that community

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

Miller v. Milligan

48 Barb. 30 · New York Supreme Court · Mar 5, 1866

This .remark is applicable to-the other witnesses, Peck and Johnson, bóth of whom .expressly qualify their contradiction by the' expression so far■ as they saw or heard. … , establish a state of facts which would authorize a belief, that the plaintiff was guilty.

Ludlow v. Bowne & Eddy

1 Johns. 1 · New York Supreme Court · Feb 15, 1806

Whether the contract be valid according to the established principles of the laws of nations ? … I think, clearly, in the plaintiffs.

Sims v. United States Trust Co.

42 N.Y. Sup. Ct. 533 · New York Supreme Court · Mar 15, 1885

The attempt of the defendant to secure immunity irom responsibility by proof of the power of attorney is ingenious but not, it would seem, available, for the reason that the money was paid without any knowledge, according … therefore, to the direction contained in it that it should be paid to him in trust or to his assignees. • It is contended by the learned counsel for the plaintiff that this custom overrides the law, but this does not so clearly

Pender v. People

25 N.Y. Sup. Ct. 560 · New York Supreme Court · Oct 15, 1879

No question appears to have arisen as to the sufficiency of the proof to establish his guilt, or as to the manner in which the case was submitted to the consideration and decision of the jury. … As this evidence stood he was clearly incompetent. But he probably did not comprehend the nature of the inquiry.

People ex rel. Steinert v. Anthony

13 N.Y. Sup. Ct. 142 · New York Supreme Court · Dec 15, 1875

The respondent filed the proper bond, and qualified as required by law, and entered into the possession of the office. … And, clearly, he cannot recover fees, or set up any right of property on the ground that he is an officer de facto, unless he be also an officer dejureP And he cites the following cases in support of his position: Riddle

Rogers v. Wheeler

6 Lans. 420 · New York Supreme Court · Jun 15, 1872

Even the practice itself was qualified by the circumstance that it was only bagged when it did not arriVe too fast to permit that to be done, and could be received in that way fast enough to suit the management of the railroad … The delivery to, and the receipt by, the elevator was a mere accessory to the obligation to carry, which was clearly to be implied from . the circumstances proven.

Paroli v. Bolton

57 Misc. 2d 952 · New York Supreme Court · Jun 27, 1968

There was no qualified expert opinion supporting the respondents’ position. … Y. 354 ) to establish a rational basis for their differing opinion.

Phelps v. Phelps

28 Barb. 121 · New York Supreme Court · Sep 20, 1858

The executrix has alone qualified; the executors have neither qualified nor renounced. … Did he mean his money to go to the erection of the building, or to “the establishment of a theological department ?” Who were to be the trustees of the charitable use ?

Versosa v. City of New York

22 Misc. 2d 597 · New York Supreme Court · Dec 7, 1959

If in fact, however, there is no issue with respect thereto there should be no denial, qualified or otherwise. … Clearly the denial that 30 days have elapsed since the service of the amended notice of claim is sham and frivolous.

Roosevelt v. Godard

52 Barb. 533 · New York Supreme Court · Nov 2, 1868

And for the purpose of properly determining it, the effect of these provisions must be carefully and clearly ascertained. … This is a qualifying clause of a general and extended nature, as broad and comprehensive as the previous provisions of the law.

Fox Paine & Co., LLC v. Houston Cas. Co.

New York Supreme Court · Apr 21, 2016

As argued by Plaintiffs, the Agreement is clearly a transactional document regarding coverage to the Paine Parties under the FPC Policy. … Moreover, insofar as a claims log is kept in the ordinary course of an insurer's business, HCC has the burden of establishing that certain entries were of a legal, rather than commercial nature in order to establish that

Peck v. City of Rochester

3 N.Y.S. 872 · New York Supreme Court · Sep 7, 1888

In the time of Edward II., when this custom was established, (1308-1327,) it was a proof of education, as only well-instructed men could count up to 61. … This he evidently did under that provision of the law which made it his duty to arrange in classes the several clerks and persons employed or being in the public service of the city; and, with reference to such qualifi■cation

Ridden v. Thrall

7 N.Y.S. 822 · New York Supreme Court · Dec 10, 1889

The testimony, however, is unsatisfactory; for the witness said, “technically” such was the cause of his death, and how far that should qualify his testimony, we cannot ascertain. … The essential conditions of a gift causa mortis are contemplation of death, clearly-expressed -intention to make a present gift, and a delivery of the subject-matter thereof.

Young v. Shuart

67 Misc. 2d 689 · New York Supreme Court · Oct 4, 1971

Clearly, however, nothing in the CPLR precludes bringing such a proceeding as a class action. Indeed, CPLR 7804 (subd. [a]), 7802 (subd. [d]) and 103 (subd. … reevaluate its standard of need for one of the state’s programs for public assistance in order to comply with a specific provision of the social security act so that the state and its social services districts may continue to qualify

Croker v. New York Trust Co.

123 Misc. 460 · New York Supreme Court · Jun 26, 1924

not binding and thus the court was at liberty to accept or reject the jury’s determination; (2) that the plaintiff under section 347 of the Civil Practice Act (formerly section 829 of the Code of Civil Procedure) was not qualified … Lucas, 233 id. 248, 254. “ The rule in any civil case is that the plaintiff must establish his claim by a fair preponderance of evidence.

Matter of 321 Henderson Receivables Ltd. Partnership v. DeMallie

2003 NY Slip Op 23888 · New York Supreme Court · Dec 5, 2003

This is clearly a very high rate for a secured investment. … DeMallie can qualify for a mortgage he can obtain one with a short term or with a balloon payment scheduled for some time after the $100,000 payment is due in 2006.