Case law

State v. Bishop

75 Misc. 2d 787 · New York Supreme Court · May 15, 1973

Examination of the black and white photograph itself, however, although bearing some tonal variations in the area where the vegetation is alleged to exist, does not clearly demonstrate the existence of vegetation. … The witness, who was perhaps an expert in zoology, was not qualified to testify as an expert on tidal action effecting inundation of defendant’s property.

Martin v. Ballou

13 Barb. 119 · New York Supreme Court · May 3, 1852

Rep. 446,) also goes to establish the same principle. … It is another well established *133 rule of construction of wills, that no form of words will constitute a condition precedent, where the intention of the testator, to be collected from every part of the will, clearly indicates

Scott v. Ives

22 Misc. 749 · New York Supreme Court · Feb 15, 1898

Ives, having refused to qualify. The plaintiff as sole executor brings this action to obtain a construction of the will and codicil, and the widow the defendant Lucina M. … In other .words, it is sought by oral conversation ■ to. establish a Will in contravention óf the statute, and evidently with the intent of the evasion of the "statute.

Cook v. Eaton

16 Barb. 439 · New York Supreme Court · Oct 3, 1853

He may come to examine the opposite party, but that is on the established principle that equity will compel a discovery. … It is true that equity exercises a jurisdiction to qualify, correct and reform deeds and other written instruments in cases of accident, mistake or fraud.

Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.

199 Misc. 786 · New York Supreme Court · Oct 18, 1950

The affidavits presented upon this motion establish that the defendants have, under the facade of a Home Becordists ’ Guild, made recordings of broadcast performances of Metropolitan Opera and have sold these *804 records … The cry of the defendants that others similarly transgress does not confer immunity on them for their forbidden activities, nor may they find solace in the claim that they have not been guilty of common-law fraud.

Studer v. Bleistein

1 N.Y.S. 190 · New York Supreme Court · May 18, 1888

What became of the residue does not clearly or distinctly appear. Neither does it appear that the plaintiff made any inspection or examination of these books, or in any manner approved of their manufacture and binding. … of February evince the determination and intention to have been that neither the second nor third 1,000 volumes was intended to be accepted; but, on the contrary, he rejected them, unless the defendant would agree to the qualified

Halpern v. Lomenzo

81 Misc. 2d 467 · New York Supreme Court · Mar 31, 1975

"The State has so far insinuated itself into a position of interdependence with [the business establishment] that it must be recognized as a joint participant in the challenged activity, which, on that account, cannot be … The plaintiff sought to prove, by offering evidence of random sampling conducted by a certified public accountant under the direction of a clearly qualified statistician, that during the years 1967, 1968 and 1969, distinct

In re Merriweather

152 Misc. 57 · New York Supreme Court · Jun 25, 1934

The unclassified service is clearly enumerated in the statute and the classified service comprises all positions not included in the unclassified service. (Civil Service Law, § 9.) … The selection of public officials and employees by competitive examination results in no greater efficiency than selection after a non-competitive qualifying examination.

Camp v. Presbyterian Society of Sackets Harbor

105 Misc. 139 · New York Supreme Court · Nov 15, 1918

Camp, the remaining trustee, having resigned, the plaintiff was duly appointed by the court as such substituted trustee on May ll,vl907, and duly qualified as such. … I do not think the trustee has power to purchase or construct a separate building, as this would be clearly foreign to the intention of the testatrix, which was to provide a church tower and in that tower place a chime of

Hannan v. Board of Education

86 Misc. 299 · New York Supreme Court · Feb 13, 1976

Justice Pino’s holding that a school system may not *304 establish a separate tenure area for elementary school guidance counselors. … An apparently well-qualified and versatile teacher, she served the district for almost four years during which she taught in all three areas in which she is certified.

Stalban v. Friedman

171 Misc. 106 · New York Supreme Court · Mar 30, 1939

Especially is it to be reconsidered in the light of the qualifying statement issued thereafter and heretofore mentioned, found in the Wise Shoe case and the Fay Theatre decision. … Clearly heed must be taken soon; else pernicious abstractions must continue to work grievious harm.

In re the Appeal of Humphrey

94 Misc. 377 · New York Supreme Court · Mar 15, 1916

At a duly assembled meeting of the qualified voters of school district No. 12 of the town of Darien, N. … Div. 231 , and in Matter of Purdy, 56 id. 544, the action clearly did involve district interests and claims.

Farrington v. Frankfort Bank

31 Barb. 183 · New York Supreme Court · Jan 5, 1857

That the indorsements were procured by a very gross fraud is very clearly established by the evidence, and is not disputed by the counsel for the appellants. … The objection to evidence of what passed between Osborn and the plaintiff, at the time the indorsements were procured, is clearly untenable.

Devine v. People

27 N.Y. Sup. Ct. 98 · New York Supreme Court · Jan 15, 1880

This section (26) ivas doubtless intended to qualify and limit section 2 of article 1 in its operation, in order to meet and overcome the decisions of the courts made prior thereto, giving construction to the latter section … Guilt can be established only by clear and convincing proof. The evidence was insufficient to establish a criminal intent.

People v. Nivar

30 Misc. 3d 952 · New York Supreme Court · Jan 13, 2011

Defendant has not established why the Penal Law and Administrative Code were unconstitutionally applied to him. … 3030-3031), while Justice Thomas, concurring in part and concurring in the judgment, would hold that the Second Amendment right is a privilege of American citizenship that applies to the states through the Privileges and Immunities

In re Air Crash Near Clarence Center

49 Misc. 3d 493 · New York Supreme Court · Aug 11, 2014

established his cause of action or defense, as a matter of law. … Continental claims that it relied on the FAA to determine whether Colgan’s pilots were capable and qualified to fly the Q400.

Benedict v. Xerox Corp.

144 Misc. 2d 490 · New York Supreme Court · Jun 20, 1989

The notice clearly states that the Statutes of Limitation applicable to a party’s Federal age discrimination claim will be tolled or stayed. … Plaintiff qualified for class membership as per the guidelines established by the United States District Court for the District of New Jersey.

People v. Hyde

75 Misc. 407 · New York Supreme Court · Jan 15, 1912

number of weeks to subpoena the defendant to appear before it, and this failure was also commented upon by the newspapers —■ some ascribing its failure to the fear that by calling the defendant to testify he might receive immunity … I have carefully examined these affidavits and I find that there are sixty-nine persons clearly identified who unequivocally deny the interview; there are, in addition, twenty-four persons who deny the interview, but where

People v. Cowart

114 Misc. 2d 881 · New York Supreme Court · Jan 25, 1982

Two lines of cases have evolved which establish guidelines for determining when the right to counsel attaches. … The terms for entertaining such a “deal” were clearly explained to the caller, first by Detective O’Neill and repeatedly thereafter by ADA Shapiro.

Lee v. Lee

34 N.Y. Sup. Ct. 1 · New York Supreme Court · Apr 15, 1882

It is a well settled rule that where land *4 is described as beginning “ at a road,” or “ on a road,” or as “bounded by a road,” or in other similar form of expression without qualifying words, the boundary or point of beginning … the case when a tree, stone, or other similar object is designated as a monument; the center, in the absence of any other indication, is regarded as giving the true boundary or limit of the grant. * * * But when the words clearly