Case law

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.

Town of Gardiner v. Stanley Orchards, Inc.

105 Misc. 2d 460 · New York Supreme Court · Sep 30, 1980

In Janas (supra, at p 478 ), the court referred to the principles established by the Court of Appeals in Matter of Concordia Coll. … In the absence of standards to guide the neighboring property owners in the exercise of their authority the local law is clearly an unlawful delegation of legislative or governmental authority to individuals.

Beardsley v. Hotchkiss

37 N.Y. Sup. Ct. 605 · New York Supreme Court · Oct 15, 1883

This instrument is in due form of law, the intention of the parties thereto is clearly and intelligently expressed, and the purpose sought to be effectuated by the parties was in every respect legal. … When thus inserted it is a general rule to regard them as intended to qualify something that has been previously expressed.

Goodman v. Allstate Insurance

137 Misc. 2d 963 · New York Supreme Court · Dec 18, 1987

She has commenced this declaratory action to establish the extent of the insured’s coverage. By prior order dated August 7, 1987 this court directed that the insured be joined as a party to this action. … The second sentence, however, clearly does demonstrate the insurer intended that another policy could apply, and if so, the insurer’s liability would be prorated.

United Health Services, Inc. v. Upstate Administrative Services, Inc.

151 Misc. 2d 783 · New York Supreme Court · Aug 1, 1991

Thus, either the plan or the participant must pay in excess of the actual charges by virtue of the statute’s establishment of a higher level of reimbursement. … Clearly, preemption was intended in such circumstances (see, FMC Corp. v Holliday, supra, 498 US, at —, 111 S Ct, at 408-409; see also, General Elec.

Esmond v. Van Benschoten

12 Barb. 366 · New York Supreme Court · Jan 5, 1852

And, perhaps, the rule may be qualified as laid down by Bayley, J. in Davies v. Penton, and reaffirmed in Horner v. Flintoff. … That I think brings the case more clearly, if possible, within the rule. In Knapp v.

Hague v. Powers

39 Barb. 427 · New York Supreme Court · Apr 4, 1863

They are, therefore, not to be construed' like grants to a corporation by a legislature, of rights and immunities, for the special benefit of the grantees. … Upon the whole case, I think my argument tends to establish the following propositions or conclusions: I 1st.

In re Guaranty Trust Co.

16 Misc. 2d 304 · New York Supreme Court · May 14, 1958

The importance of this second purpose was emphasized by the Appellate Division in this very case (Matter of Petroleum Research Fund, 3 A D 2d 1, 4), the court stating that the provisions of the trust agreement “clearly spell … Suggestions have been made that the court appoint a qualified person or persons to evaluate the securities. These suggestions will receive due consideration at the appropriate time.

People v. Collier

85 Misc. 2d 529 · New York Supreme Court · Jul 28, 1975

The freedom of a country may be measured by its immunity from this baleful agency.” Trust is a very human trait. … Suffice it to find that the facts clearly warrant a dismissal pursuant to CPL 210.40.

People ex rel. Wheeler v. Cooper

57 How. Pr. 416 · New York Supreme Court · Aug 15, 1879

These irregular tribunals constitute, where they act judicially, inferior courts within the meaning of that term as it was understood at the time the writ was established. In the ease of Sweet agt. … So long as the relator fully and satisfactorily performed his duties and is qualified in all respects and is of irreproachable character (and nothing to the' contrary is alleged), the fact that the series of one of a higher

Sackett v. O'Brien

43 Misc. 2d 476 · New York Supreme Court · Jul 10, 1964

The premises covered by the deed are clearly set forth in Exhibit 1. … Certainly the building of homes into the property qualifies and is consistent with a finding of adverse possession.

In re Newcomb

18 N.Y.S. 16 · New York Supreme Court · Nov 15, 1891

These facts, as-they are authenticated by the testimony of the three inspectors, very clearly show that no completed election took place on the 10th of'February, 1891, but that they were in doubt as to what should be done … And it is stated generally in the affidavits that this injunction was served prior to the time when that election was held, and, if that fact had been established by the affidavits, as it was in another proceeding, there

Sanders v. Rosen

159 Misc. 2d 563 · New York Supreme Court · Jun 29, 1993

The facts thus established clearly show that defendant had represented plaintiff in her divorce action in 1977. … The decision of plaintiff and defendant to live together and share a house, and to be equally responsible for all expenses, hardly qualifies as a "pattern of racketeering activity.”

Gray v. Durland

50 Barb. 211 · New York Supreme Court · Mar 15, 1867

The fact of surprise is not clearly established. The defendant swears he was surprised by the testimony of the daughter as to the ’ time of impregnation. … The facts expected to be hereafter supplied are not clearly stated.

State v. Sour Mountain Realty, Inc.

183 Misc. 2d 313 · New York Supreme Court · Mar 30, 1999

This court qualified Dr. Brown as an expert in the ecology and behavior of the Eastern timber rattlesnake. … Finally, a balance of the equities clearly favors plaintiffs.

People v. Afrika

189 Misc. 2d 821 · New York Supreme Court · Oct 23, 2001

Against this constitutional backdrop, an order pursuant to CPL 240.40 (2) (b) (v) issued in a criminal investigatory context is quite clearly in the nature of “a judicial warrant,” because it authorizes a “search” of de * … statistical analysis of the Rochester donor DNA profile, the latter of which was found consistent with the DNA profile of the Erie County donor, amounts to probable cause need not be decided here, although it would seem easily to qualify

Burrows v. Board of Assessors

116 Misc. 2d 133 · New York Supreme Court · Sep 29, 1982

All petitioners qualify for the veterans’ exemption provided by section 458 of the Real Property Tax Law. Subdivision 5 thereof provides as follows: “5. … The legislative history, as exhibited by the legislative debate and various memoranda of the Governor and the bill’s sponsors, establishes that subdivision 5 was added to maintain the status quo on a temporary basis until

Mills v. Standing General Commission on Christian Unity

39 Misc. 3d 296 · New York Supreme Court · Jan 29, 2013

The Free Exercise and Establishment Clauses of the United States Constitution provide that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (US Const Amend I). … Christian unity and to strengthen relationships with other living faith [sic] and to dialogue with persons of other faiths, cultures and ideologies” (opp mem at 2-3). 2 Despite Mills’ arguments to the contrary, these are clearly

Mike Building & Contracting, Inc. v. Just Homes, LLC

27 Misc. 3d 833 · New York Supreme Court · Feb 2, 2010

Thus, plaintiff has failed to establish its entitlement to damages in the amount of $148,533. … Thus, the mere fact that such sums were withheld does not establish diversion.

Dodds v. McColgan

134 Misc. 518 · New York Supreme Court · Jun 18, 1929

This widow was named as executrix of her husband’s estate and duly qualified as such, and as such executrix managed the real estate so devised. … Even though the only permissible inferences flowing from all the facts in this case did not point so clearly and unmistakably to intentional fraud, defendant would still be liable.