Case law

People v. Vasquez

179 Misc. 2d 854 · New York Supreme Court · Jan 22, 1999

The plea in this case was clearly against Abdela’s penal interest and she was fully cognizant of the significant consequences of her allocution. … The evidence at trial thus clearly presented a question of fact for the jury concerning the extent of Vasquez’s participation in the homicide and the nature of his intent.

Pettibone v. Drakeford

44 N.Y. Sup. Ct. 628 · New York Supreme Court · Oct 15, 1885

The first of those sections provides that “the property of the judgment debtor” is vested in a receiver, who has duly qualified, from the time of filing the order appointing him, or extending his receivership, as the case … This implies clearly that the title acquired within that period by a purchaser without consideration or acting mala fide, or with notice of the proceeding, does not stand in the way of the1 title of the receiver, and it seems

Milhau v. Sharp

9 How. Pr. 102 · New York Supreme Court · Oct 15, 1853

Whether the corporation of New-York has an estate in fee, either absolute or qualified, in the streets of that city, or a mere right of way held for the public use, is quite immaterial for the purposes of this action. … By the Dongan charter it was invested with “full power, license, and authority, to establish, appoint, order, and direct the establishing, making, laying out, ordering, amending, and repairing of all streets, lanes, alleys

Dampman v. Morgenthau

158 Misc. 2d 102 · New York Supreme Court · Apr 28, 1993

This statutory exclusion is clearly broader than the exclusionary rule judicially adopted to enforce the Fourth Amendment to the Federal Constitution, which is limited to criminal or quasi-criminal proceedings. … Even when such materials become part of the record in the context of criminal proceedings, the public’s right to access to the material is qualified.

New York City Economic Development Corp. v. Corn Exchange, LLC

21 Misc. 3d 286 · New York Supreme Court · Aug 19, 2008

Defendant further agreed to establish a nonprofit culinary institute *288 in part of the renovated space. … Whether the construction/use provision qualifies as a covenant or a condition subsequent is dependent upon the parties’ intent which “is drawn from the governing instrument itself and from the particular language selected

In re People

150 Misc. 467 · New York Supreme Court · Jan 29, 1934

weaknesses and defects in the act appear to the Legislature to be well founded, that body may avail itself of the opportunity thus presented to amend and strengthen the act during the present session and perhaps render it immune … It has already been demonstrated that said section is clearly unconstitutional except as emergency legislation.

People v. Jackson

46 Misc. 2d 742 · New York Supreme Court · Jun 7, 1965

It has been long established that counsel cannot be foisted upon a defendant. … That the defendant’s rights were not violated during the so-called “ Huntley ” hearing was clearly established.

People v. Albany and Susquehanna Railroad

7 Abb. Pr. 265 · New York Supreme Court · Dec 15, 1869

The evidence, I think, clearly establishes, that the inspectors ■—• Snow, Eddy and Harder—who held this election, were chosen at a meeting of the stockholders, held in the hall of the company’s office.or building, organized … And I think it is clearly established that of the persons so filling and occupying said room from fifty to sixty at least were imported, came or were brought there upon the employment of James *300 Fisk, Jr., or his agents

Harker v. Anderson

21 Wend. 372 · New York Supreme Court · Jul 15, 1839

It is a well established general rule, though not entirely unshaken by exception, vid. Sage v. … He clearly is entitled to the benefit of immediate "presentment." We have seen how a.contrary doctrine was-treated by Ch; J.

Allegany Oil Co. v. Bradford Oil Co.

28 N.Y. Sup. Ct. 26 · New York Supreme Court · Apr 15, 1880

But Brandell remained in the full and undisturbed possession of the premises, and, as the court has found, “ did not i/n cmy' ma/rmer wawe, extend or qualify the fulfillment of the condition.” … It clearly showed Brandell’s intention to hold the Stevens lease, in the language of the contract, void, and that it had ceased to have any binding effect. (Parmelee v. Oswego R. R. Co., 2 Seld., 81; Stuyvesant v.

People v. Hochheimer

119 Misc. 2d 344 · New York Supreme Court · May 23, 1983

Accordingly, the court ruled that the test results in that case were properly admitted in evidence where (1) the person administering the test was properly qualified; (2) the instrument was properly calibrated; (3) the chemicals … Clearly, the proof thus far submitted fails to require a determination that radio interference had a significant effect upon the accuracy of the blood-alcohol reading here, and that the likelihood of such an effect exists

Bautista v. 85th Columbus Corp.

42 Misc. 3d 651 · New York Supreme Court · Nov 26, 2013

In addition, as established in the seminal case of Guzman v Haven Plaza Hous. Dev. … (See Administrative Code § 27-361 [“All exits and access facilities shall be located so that they are clearly visible, or their locations clearly indicated, and they shall be kept readily accessible and unobstructed at all

Schisgall v. Fairchild Publications, Inc.

207 Misc. 224 · New York Supreme Court · Jan 13, 1955

But if the defendant went further, and acted with intent to inflict injury beyond that contemplated as a result of the mere breach of contract, I would hold that the contract does not grant the defaulter immunity from tort … In any event, their use in paragraphs “ 3 ”, “ 6 ” and “ 12 ” is not shown to be so clearly irrelevant and prejudicial as to require their being stricken from the pleading.

People v. Ortega

57 Misc. 3d 631 · New York Supreme Court · Aug 8, 2017

The victim in this case was an English woman, who was clearly Caucasian. The defendant’s last name “Ortega” is a common Hispanic surname. … The defendant did not establish a prima facie case of discrimination. As the often confused colloquy cited here makes plain, the defendant did not establish a prima facie case of discrimination.

People v. Cortez

110 Misc. 2d 652 · New York Supreme Court · Aug 13, 1981

The primary question before this court on the defendants’ motion to inspect the Grand Jury minutes is what size must a sawed-off shotgun be before it will qualify as a prohibited “firearm” under subdivision 3 of section 265.00 … The Grand Jury minutes are therefore legally insufficient to establish concealability with respect to each of the defendants and the indictment is therefore dismissed. 13 .

New York City Coalition to End Lead Poisoning v. Koch

138 Misc. 2d 188 · New York Supreme Court · Jan 20, 1987

The municipal defendants move to dismiss the plaintiffs’ damages claims arguing that these claims do not fall within either exception to the rule of municipal tort immunity. … The municipal defendants concede that HPD must establish procedures for enforcement of section D26-12.01 (h) (renum § 27-2013 [h]) of the Administrative Code of the City of New York. .

Brapham v. Safir

172 Misc. 2d 767 · New York Supreme Court · Apr 28, 1997

Section 14-115 (b) is qualified by the phrase "except as elsewhere provided herein”. … "Subdivision (b) of § 14-115 relates to minor deductions and withholding from salary and is clearly inapplicable here.

Yarborough v. Cattani

43 Misc. 3d 785 · New York Supreme Court · Mar 13, 2014

Cattani’s incompetence as to Patient D were: “As for Patient D, the testimony at the hearing clearly established that from the time she returned home after surgery she noticed that her left breast *790 was red and inflamed … Cattani’s records as to those patients were inaccurate, or even “false,” might qualify as factual findings, but they are not shown to be related to Dr.

Pratt v. Tofany

66 Misc. 2d 172 · New York Supreme Court · Feb 10, 1971

According to the standards discernible in these precedents, clearly the “ disproportionate ratio ” of accidents in Nassau County involving junior operators, as set forth in Senator Speno’s letter to the Governor, has the … In this court’s view the considerations upon which this statute was predicated are now equally pertinent to other areas of the State and to drivers other than those who qualify for junior licenses in Nassau.

Valentin v. Simon

98 Misc. 2d 5 · New York Supreme Court · Jan 18, 1979

This point, although not clearly reflected in the opinion, was not in dispute as evidenced by the record itself. … The Legislature amended subdivision 5 of section 64 of the Town Law to provide that "[a] person, otherwise qualified, who is a member of the town board at the time the vacancy occurs may be appointed [by the town board] to