Case law

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.

In re the Arbitration between Johnson & Trustee for the Casaburi Family

22 Misc. 3d 631 · New York Supreme Court · Oct 2, 2008

The NASD would appear and “oppose expunging dispute information unless” the information satisfied one or more of the newly established criteria. (NASD-2002-168 at 5.) … They also urge that under established decisional law, arbitrators need not offer the rationale for their conclusions in their awards.

Rivard v. Gisenhof

42 N.Y. Sup. Ct. 247 · New York Supreme Court · Jan 15, 1885

But it is contended by the appellants that, as the grant was to Louisa F., and to particular heirs of her body, those begotten by her then husband, it clearly indicates that the grantor used the word heirs as a word of purchase … In this deed no words or phrases are used which can be construed as limiting or qualifying the meaning of the word heirs, so that by fair construction it can be held to be a word of purchase and thereby limit the estate,

Tilden v. Green

7 N.Y.S. 382 · New York Supreme Court · Nov 7, 1889

Clearly not. That was not the question which was to determine the expediency of the endowment of the Tilden Trust. … In one case, after having established a valid limitation, two alternative limitations were attempted to be established, dependent upon the condition of affairs, at the determination of the first estate.

Flowers v. City of New York

53 Misc. 3d 922 · New York Supreme Court · Aug 5, 2016

Defendants maintain that the individual officers are entitled to qualified immunity. Finally, defendants seek dismissal of plaintiff’s request for punitive damages. … This record is devoid of sufficient facts which would conclusively establish that Detective Nicolisi had probable cause to arrest plaintiff as a matter of law.

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.

People ex rel. Broderick v. Goldfogle

123 Misc. 399 · New York Supreme Court · Jul 15, 1924

The debate in 1923, when the phrase qualifying “ moneyed capital ” was added to the federal statute, is illuminating. … Certain items are clearly to be eliminated.

COMM 2006-C8 Walt Whitman Road, LLC v. Income Star LLC

46 Misc. 3d 893 · New York Supreme Court · Nov 6, 2014

Section 36.2 (b) (1) instructs the appointing judge to make such fiduciary appointments from the “appropriate list of applicants established by the Chief Administrator of the Courts.” … In this vein, the court examined whether the order which approved the Receiver’s final accounting, which clearly set forth the amounts and dates of payments to Mr.

Mills v. Husson

45 N.Y. St. Rep. 802 · New York Supreme Court · Mar 31, 1892

The practical question in this case is, are any rights of the parties to this suit established to a fund now in the hands of the defendant Husson, as substituted assignee of Jacob D. … The court declined to allow such rehearing and to permit the plaintiff to thus speculate upon, the result of the decision, and clearly properly so. The evidence was not newly discovered evidence.

Auburn Draying Co. v. Wardell

89 Misc. 501 · New York Supreme Court · Mar 15, 1915

. \ The law on the subject of the peaceful boycott does not seem to have been so clearly settled in this.state by its court of last resort as to leave no ground for uncertainty. … Rep. 509;■ and the reasoning in that case *512 is equally persuasive to show that section 582 does not furnish immunity to these defendants for the acts complained of.

Mahr v. Norwich Fire Insurance Society

23 Abb. N. Cas. 436 · New York Supreme Court · Mar 15, 1889

The evidence clearly established the pledge of the policy to the plaintiffs long anterior to the assignment to Kelly, which latter was not until four days after the commencement of this suit. … But this statement of the English law is qualified by saying that the cases of protecting a remainderman against waste, establishing an equitable remainder by implication, and giving ■instructions to- trustees, are regarded

George C. Miller Brick Co. v. Stark Ceramics, Inc.

9 Misc. 3d 151 · New York Supreme Court · May 18, 2005

The Supreme Court held that there was an actionable wrong under the Sherman Act and “[t]he fact that a retailer can refuse to deal does not give the supplier immunity if the arrangement is one of those schemes condemned by … The Court clearly indicated, though, that the rule it announced in that case had broader application, including application to private antitrust actions.

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.

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

Kuriansky v. Patel

144 Misc. 2d 59 · New York Supreme Court · Mar 22, 1989

But the Attorney-General clearly cannot arrogate to himself the powers and authority of the Grand Jury. … Thus, the special assistant’s reliance on Kleen Laundry (supra) is clearly misplaced.

In re City of New York

23 Misc. 2d 690 · New York Supreme Court · Feb 27, 1960

But a single sale is not enough to establish value. 4. … The one sale in this area to which he testified is not enough to establish- value.

People ex rel. Pond v. Board of Supervisors of Monroe County

20 N.Y.S. 97 · New York Supreme Court · Sep 13, 1892

The fourteenth amendment, referred to, declares that no state shall make or enforce any law which shall abridge the privileges or immunities of any citizen of the United States. … These are violations which are clearly utterly unnecessary, and because of them the act is void.

U. M. & M. Credit Corp. v. Pettibone Mulliken Corp.

33 Misc. 2d 635 · New York Supreme Court · Apr 11, 1962

Its good faith is therefore established. … Clearly the loss should fall on the one whose acts have made possible the fraud perpetrated on the other. U. M. & M. is accordingly entitled to recover.

Smith v. Alvord

63 Barb. 415 · New York Supreme Court · Jan 2, 1866

this State, was governed by the laws of this State, and hence, seven per cent being the lawful rate of interest here, the mortgage was valid. • While the principle thus asserted may be assented to; without overruling or qualifying … Indeed he clearly shows that if the contract was to be deemed to be an Ohio contract, there was not sufficient proof before him to enable him to pronounce it usurious; so that in no view of the case was he called on to give

Boland v. Boland

182 Misc. 2d 871 · New York Supreme Court · Dec 8, 1999

These questions clearly raise what this court sees as significant public policy issues. … Clearly, she is neither physically nor mentally able to obtain employment other than such menial part-time jobs.