Case law

Middle District Bank v. Deyo

6 Cow. 732 · New York Supreme Court · Feb 15, 1827

The prop *736 osition is not qualified, and seems to be a full answer to the escape. … A detention at the time is indispensable ; for unless the fact be so, the sheriff is clearly liable.

People v. Brooks

103 Misc. 2d 294 · New York Supreme Court · Mar 12, 1980

But mere acceptance of proffered information by the government does not by itself necessarily establish the existence of an agency relationship between government and informer.” … Reversing the conviction, the court held that the monitored conversation was clearly inadmissible under Massiah ( 377 US 201 , supra).

Ammex Warehouse Co. v. Procaccino

85 Misc. 2d 327 · New York Supreme Court · Jan 5, 1976

Moreover, these surveys and statements fail to establish unlawful diversion back into New York State. They are largely conclusory. … Thus sale of these items in this manner is immune from State taxation for revenue purposes (McGoldrick v Gulf Oil, 309 US 414 , supra; Epstein v Lordi, supra).

St. Matthew Church of Christ, Disciples of Christ, Inc. v. Creech

196 Misc. 2d 843 · New York Supreme Court · Jul 18, 2003

Phair’s subsequent actions clearly demonstrated her refusal to accept her removal as pastor of St. Matthew. … It is well established that St. Matthew had no bylaws or constitution. St.

People ex rel. Attorney General v. Mayor of New-York

25 Wend. 9 · New York Supreme Court · Dec 15, 1840

This proposition is too clearly true to require argument to establish it. … They are not selected because they are any better qualified than other men of equal intelligence and probity, but ’ because they are more easily erected into a court.

Vacco v. Spitzer

179 Misc. 2d 584 · New York Supreme Court · Dec 14, 1998

Here the plaintiff has not shown that the irregularities were of such a number “ ‘as to establish the probability that the outcome of the election would have differed if the irregular votes had not been cast’ ”. … While the law does not explicitly foreclose a postelection day challenge, it clearly does not envision a challenge on this scale at this late date. This is not the first time these allegations have been made.

Procaccino v. Board of Elections

73 Misc. 2d 462 · New York Supreme Court · Mar 5, 1973

In his complaint, plaintiff avers that he is a citizen of the United States, a resident in the State of New York, City of New York; a duly qualified voter and an enrolled Democrat qualified to vote and to run for Mayor, Comptroller … Consequently, judicial interpretation of the phrase “ property, affairs or government ” before 1924 was regarded as establishing a precedent binding upon the court (Adler v. Deegan, supra, pp. 471-473 ).

People ex rel. Press Publishing Co. v. Martin

25 N.Y.S. 775 · New York Supreme Court · Oct 13, 1893

Without contesting then-liability to criminal prosecution, and conceding that, if the relators sought a personal recovery against the members of the • common council, the latter might find immunity under shelter of their … The evidence shows that the World had a larger circulation than any other newspaper published in the city of New York, which, if true, with the undenied allegations referred to, establishes that it had a pecuniary interest

Holmes v. Fiore

52 Misc. 3d 171 · New York Supreme Court · Dec 5, 2014

Thus there is clearly an issue of fact as to whether his actions posed a “grave risk which is likely to result in harm to others.” … Holmes met his initial burden on his cross motion by establishing that the light was green prior to his entry into the intersection.

People v. Hilton

179 Misc. 2d 538 · New York Supreme Court · Jan 5, 1999

She was “voir dired” and found qualified to testify as a sworn witness by the court (see, CPL 60.20), as well as her cousin, the other child witness. … This court has reviewed the hearing minutes of the violation of probation, and the minutes reveal that the People clearly assumed the responsibility of proving the underlying acts alleged in the indictment.

Homier Distributing Co. v. City of Albany

163 Misc. 2d 723 · New York Supreme Court · Jan 12, 1995

Although phrased as a grant of congressional authority, it is well established that it "also embodies a negative command forbidding the States to discriminate against interstate trade.” … That burden was not established, since no Federally protected right was violated. Thus, plaintiff has not stated a cause of action under section 1983.

Cole v. Goodwin & Story

19 Wend. 251 · New York Supreme Court · May 15, 1838

to him, he can qualify his public duty. … This was said in 1804, and from it I clearly collect that the power of carriers to qualify their duty to the owners, of goods fairly committed to them was still open.

Ministers & Missionaries Benefit Board of the American Baptist Convention v. McKay

64 Misc. 2d 231 · New York Supreme Court · May 27, 1970

In the exercise of its sound discretion, it has made numerous grants out of the income of the trust fund to qualified relatives of Mr. and Mrs. McKay. … , then he must use his discretion with a view to carry out the purposes of the settlor as shown in the qualifying clauses.

In re Mount Sinai Hospital

128 Misc. 476 · New York Supreme Court · Dec 31, 1926

The hospital, clearly, was entitled to the benefits as well as the burdens of the arrangement. … The existence of the corporation, and its franchises and immunities, derived directly from the State, were thus kept under its control.

New Yorker Hotel Management Co. v. District Council No. 9 New York IUPAT

55 Misc. 3d 437 · New York Supreme Court · Jan 27, 2017

The handbills went on to explain that painters who were hired to paint the hotel were not being paid wages and benefits that have been established by defendant’s workers for the area. … Here, the definitional qualifier is sufficiently prominent and clear to distinguish this case from San Antonio Community Hosp.

Carnal v. People

1 Park. Cr. 272 · New York Supreme Court · Dec 15, 1851

It is further qualified by the mode in which challenges are to be stated and to be tried. … A challenge might be taken as for principal cause, the evidence might show that it was not of that character, but that it clearly was sufficient to be submitted to triors.

Farulla v. Ralph A. Freundlich, Inc.

155 Misc. 262 · New York Supreme Court · Jan 6, 1935

The evidence also established clearly the fact that defendant placed additional duties upon sprayers, which additional duties were not contemplated in the wage scale of the agreement, and in consequence sprayers of average … This testimony in my opinion was clearly corroborated by work slips given to Leon Poissant by the defendant and produced at the trial.

Liebowitz v. Goldwater

161 Misc. 115 · New York Supreme Court · Nov 13, 1936

It is well known that emergency relief rolls were established as a result of the depression, to give temporary employment to as many of the great army of unemployed as could be taken care of. … Chapter VI, section 5, of the handbook clearly states that the object of the projects is not to interfere with normal employment.

People ex rel. Kelly v. Haws

12 Abb. Pr. 192 · New York Supreme Court · Apr 15, 1861

The metropolitan district established by the act, is a new geographical and governmental division of territory, composed of several counties, theoretically cemented together by the words of the act, and the decision of the … The language of the succeeding sentence of section 6 of the act of April 15, 1857, is broad and vague, but I think it should be considered as qualifying the previous sentence.

Farmers' Loan & Trust Co. v. Pierson

130 Misc. 110 · New York Supreme Court · May 14, 1927

The company actually took over some 6,000 acres of land, together with a few manufacturing establishments situated thereon, and belonging at that time to two members of the Pierson family mentioned in the charter. … Is this directorate a form of immunity? Is this position something within a “ veil?