Case law

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.

301-52 Townhouse Corp. v. Click

113 Misc. 2d 1050 · New York Supreme Court · May 17, 1982

A tax exemption, on the other hand, relieves the property owner from those additional taxes attributable to the increase in the property’s value, which occurs after the qualifying J51 improvements are put in place. … Although the relationship between Beekman and 301-52 Townhouse Corp. was not clearly established at trial, from the pleadings it can be inferred that 301-52 Townhouse Corp. is an entity to which co-operative apartments were

Donnelly v. Griffin

154 Misc. 2d 507 · New York Supreme Court · May 29, 1992

The wording of section 263 is clearly unambiguous with respect to the establishment of "twenty-five” engine companies and "thirteen” hook and ladder companies and the Commissioner of Fire has the power by order, rule or regulation … It does not qualify the word "diminish” using adjectives "temporary” or "permanent”.

In re the Alleged Election of Directors of the Rochester District Telegraph Co.

47 N.Y. Sup. Ct. 172 · New York Supreme Court · Mar 15, 1886

The word “voting” »is not qualified or limited to voting at an’*election of directors or officers, and, we think, it ought not to be so limited. In the case of Taylor v. … The practice of procuring an injunction and serving it after the meeting had assembled is not to be commended and should only be tolerated in cases where the right thereto is clearly established.

In re Beth Israel Medical Center

136 Misc. 2d 931 · New York Supreme Court · Sep 9, 1987

No treatment can be imposed until such "best interests” are established by a "preponderance of the evidence” (Mental Hygiene Law § 80.07 [f]). … The court finds significant the testimony of the patient’s close and caring sister, Lillian, who is particularly qualified to give an opinion as to what her sister’s wishes would be.

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.

Harris Investing Corp. v. Sil-Gold Corp.

38 Misc. 2d 549 · New York Supreme Court · Dec 7, 1962

particularly in view of the language contained in the order of July 20, 1962, which refers to the approximate amount of rents collected for the month of July, 1962, and the order to show cause, dated August 1, 1962, which clearly … A receiver of rents and profits in an action to foreclose a mortgage, although duly appointed, is not entitled to collect rents due and unpaid, until he has qualified (Dyker Heights Home for Blind Children V.

Kalikow v. Shalik

43 Misc. 3d 817 · New York Supreme Court · Feb 26, 2014

In order for evidence to qualify as “documentary,” it must be unambiguous, authentic, and undeniable (Fontanetta v John Doe 1, 73 AD3d 78, 84-86 [2d Dept 2010]). … The acts of working in concert and managing a limited liability company clearly gives rise to a relationship among the members which is analogous to that of partners who, as fiduciaries of one another, owe a duty of undivided

National Energy Marketers Ass'n v. New York State Public Service Commission

57 Misc. 3d 282 · New York Supreme Court · Jun 30, 2017

Corp. v Town Bd. of Town of Somers, 245 AD2d 450, 453 [2d Dept 1997]). 6 To reiterate the court’s previous determination: “Clearly, the Public Service Commission has the authority to establish public utility rates, in fact … Clearly, the present prohibition does not suffer from the same infirmities experienced by the reset order.

Cier Industries Co. v. New York State Division of Housing & Community Renewal

135 Misc. 2d 1003 · New York Supreme Court · May 29, 1987

However, to qualify, the building owner’s entire economic circumstance must be considered. … There is of course a long-established presumption of constitutionality that attaches to legislative enactments (United States v Kiffer, 477 F2d 349, 352 [1973]).

Toussie v. Central Pine Barrens Joint Planning & Policy Commission

182 Misc. 2d 582 · New York Supreme Court · Apr 27, 1999

Any method based primarily upon the concept that any parcel qualifying for “single and separate ownership” status, no matter its size or location, should be entitled to a full Pine Barrens Credit, would only exponentially … The process of transferring development rights established by the Pine Barrens Comprehensive Land Use Plan has been held to be constitutional (W.J.F. Realty Corp. v State of New York, 176 Misc 2d 763 , supra).

Ellithorpe v. Judges of Superior Court

3 Silv. Sup. 461 · New York Supreme Court · Apr 11, 1890

The second statute contains no express words repealing the exemption established by the first. … -It méans that; where two or more apply for an office, one of whom is a discharged *469 Union soldier, and all are equally qualified, the soldier shall be preferred, but not where the soldier is not as well qualified for

Porter v. Mount

45 Barb. 422 · New York Supreme Court · Dec 5, 1865

To render the transaction usurious as to this plaintiff, we have to establish that she took and received the unlawful interest, and from this fact infer the corrupt intent. … The whole charge is not given, and we can not therefore see that this proposition was qualified or explained so that no injury was done by the apparent error.

People v. Bell

179 Misc. 2d 410 · New York Supreme Court · Oct 29, 1998

This decision defines the parameters of Rosario material, and whether material unable to qualify as Rosario because of hearsay can evidence the existence of other Rosario materials. … The decision in Kronberg (supra) clearly holds that an imputation of control must be based on more than mere cooperation. (Accord, People v Wright, 225 AD2d 430 [1st Dept 1996], Iv denied 88 NY2d 1026 [1996].)

People v. Newton

3 N.Y. Crim. 406 · New York Supreme Court · Jan 15, 1885

It is not sufficient that he may have committed the act, but it must be established that he did. … In this case, the verdict is clearly against the weight of evidence, and justice requires the direction of a new trial.

People v. Baker

3 Abb. Pr. 42 · New York Supreme Court · Jun 15, 1856

In England it has been clearly settled that the rights of the crown are not taken away by any general statutory provision, unless the intention to do so is clearly and directly manifested. … established causes.

Zubli v. Community Mainstreaming Associates, Inc.

102 Misc. 2d 320 · New York Supreme Court · Dec 11, 1979

delayed proper establishment of such facilities in the past, at great cost to the litigants. … There is no language in the easement, expressed or implied, which restricts or qualifies its use other than for a means of entrance and exit from the Cavrell property to Station Road.

Philbin v. Federal Deposit Insurance

147 Misc. 2d 70 · New York Supreme Court · Dec 21, 1989

No qualifying or conditional language was contained in either note. As collateral for the loans evidenced by the notes, 7,400 shares of Adobe Oil stock were deposited with the bank. … “These defenses cannot defeat the FDIC’s rights on the note, under federal common law principles established in D’Oench, Duhme & Co. v.

Craig v. Rochester City & Brighton Rail Road

39 Barb. 494 · New York Supreme Court · Mar 2, 1863

The provisions of the constitution must apply to the rights and the immunities of this corporation in respect to taking private property, alike in Bochester and in Brighton. … the right, with the assent of the city council, to construct its proposed rail road upon the land of the plaintiff -covered by the públic street, without making compensation "to the plaintiff, and without his consent, is clearly

Hyatt v. Pugsley

23 Barb. 285 · New York Supreme Court · Dec 2, 1856

The presumption would seem to be that the greater accuracy would qualify the more important gift of the real estate. … Clearly as to such third the inheritance came to him on the part of his father.