Case law

Trimmer v. Van Bomel

107 Misc. 2d 201 · New York Supreme Court · Nov 4, 1980

No facts are presented which would tend to establish a meeting of minds as to the definition of “sumptuous living”. … Clearly not, since he began his employment long before these alleged conversations took place. Was it to be when his employment terminated?

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.

People v. Hendrickson

8 How. Pr. 404 · New York Supreme Court · Jul 1, 1853

Such is clearly the law.” The only valid objection that can be taken to any extra judicial confession is, that it was not voluntary. … The same writer adds, “that there are conflicting opinions of judges at nisi prius on this point, but the proposition appears to be established by high authority.” Mr.

Durant v. Supervisors of Albany

26 Wend. 66 · New York Supreme Court · Jul 1, 1841

The doctrine established in those cases has been doubted, and qualified in a subsequent case in the court of chancery, Donovan v. … That was clearly within the former acknowledged jurisdiction of the court of chancery.

Coleman v. Seldin

181 Misc. 2d 219 · New York Supreme Court · Mar 8, 1999

The initiation of a claim to invoke a right is clearly not the same as offering that right as a matter of course. … The petitioner’s evidence did not meet the rigorous requirements needed to establish a constitutional infirmity under the Equal Protection Clauses of either the Federal or State Constitution, but rather only established “

Dewitt v. New York Central Railroad

119 Misc. 456 · New York Supreme Court · Oct 15, 1922

Until the enactment of this section the government had not given its consent to be sued, and by it the immunity of the sovereign was waived. … This action was not a pending action at the termination of federal control but a new action commenced subsequent and was clearly regulated by *463 the provisions of subdivision A, section 206 of the Transportation Act of

Bessa v. Anflo Industries, Inc.

49 Misc. 3d 587 · New York Supreme Court · Apr 1, 2015

Sheppard clearly states, “[i]n the absence of any statutory re *591 striction, or fraud, ... a party may contract and sue in a fictitious name, it being the identity of the individual that is regarded.” … It is a well-established principle in tort law that an employer has a duty to exercise reasonable care to protect his or her employees from known dangers. (27 Am Jur 2d, Employment Relationship § 181 [2015]; Restatement [

Dachenhausen v. Crosson

154 Misc. 2d 132 · New York Supreme Court · Mar 25, 1992

While the Senior Court Clerk and Court Clerk positions may both be in direct line of promotion to Associate Court Clerk, Senior Court Clerk is clearly the next lower title in terms of grade (i.e., JG-21 versus Court Clerk … Second, if any obtained a prior Senior Court Clerk position therefrom, they were still *139 qualified for the higher, Associate Court Clerk title on the basis of their normal competitive appointment to the Court Clerk position

Ignelzi Interiors, Inc. v. New York City Department of Small Business Services

31 Misc. 3d 642 · New York Supreme Court · Feb 22, 2011

Ignelzi is a New York State corporation, established on April 10, 1982, to engage in the business of woodwork and interior construction. … Pomies and Paul and Linda Ignelzi, indicating that Linda worked as the company bookkeeper, working 40 hours per week, while Graciela did not perform work for the company, but was on the company books the minimum hours to qualify

Ferris v. Millman

17 Misc. 3d 898 · New York Supreme Court · Sep 7, 2007

Discussion Herein, the facts clearly establish that plaintiff was involuntarily admitted to the hospital on December 30, 2002 after being taken to the hospital by ambulance, in handcuffs; that he delivered a written request … Further, defendants fail to establish compliance with the provisions of Mental Hygiene Law § 9.27.

Kassam Corp. v. Walsh

206 Misc. 677 · New York Supreme Court · Jan 6, 1954

This was established by the testimony of both attorneys. On March 2, 1953, the interested parties assembled at Mr. Voit’s office for the purpose of closing title. Mr. … The affidavits certified publication in the five papers on either December 27th or December 28, 1945; hence publication was clearly not made within the one week required by section 22.

People v. Chandler

153 Misc. 2d 332 · New York Supreme Court · Dec 18, 1991

Clearly, the apartment number to be searched, which appears later in the affidavit, was inadvertently omitted. … Here, as in Gordon , there was an extensive time delay between the buy and the arrest; the showup was highly suggestive; and, clearly, it was not "an integral police procedure.”

People v. Jones

87 Misc. 2d 931 · New York Supreme Court · Sep 29, 1976

To justify a reversal of a conviction for failure to disclose evidence the evidence withheld by the prosecution must be clearly and unquestionably exculpatory and withholding of the evidence *941 must be clearly prejudicial … The defendant urged, for the first time on appeal, that the Judge had an absolute duty to warn him that he might qualify for a misdemeanor before accepting his felony plea.

Beame v. DeLeon

163 Misc. 2d 885 · New York Supreme Court · Sep 9, 1993

McKay was on the force for only a few years and, therefore, did not qualify to take the exam. In 1978, she was unable to take the exam because of a disability which resulted in a career-ending injury. … Clearly, at the time she was performing this duty, she did not know that she would sustain a career-ending injury.

O'Brien v. Barnes Building Co.

85 Misc. 2d 424 · New York Supreme Court · Nov 6, 1974

Auth. ( 31 AD2d 799 , supra), the court clearly stated that the entire proceeding to review should have been transferred to the Appellate Division. … The State of Rhode Island has established an entirely different standard for defining wetlands.

Chase National Bank v. Chicago Title & Trust Co.

155 Misc. 61 · New York Supreme Court · Mar 15, 1935

of powers was with reference to the ability of the donee to suspend, extinguish or merge them (Sugden, supra, vol. 1, p. 110); and accordingly the common-law doctrines of the extinguishment of powers in gross and of the immunity … The trustee now argues that the transaction resulted in establishing a new “ intact value ” for the trust capital and that by the language quoted Mrs.

Frazier v. Ornamental Iron Works Co.

18 Misc. 2d 338 · New York Supreme Court · Sep 29, 1958

I am, therefore, of the opinion that it is clearly *342 established by the moving papers as a fact that Victor Nowlan is a managing agent of the defendant within the meaning of that expression as used in subdivision 3 of … I am also of the opinion that under the cases cited herein, Vincent Nowlan exercised and performed duties on behalf of the defendant which would qualify him to be a managing agent within the meaning of subdivision 3 of section

Kelly v. Lane

18 Abb. Pr. 229 · New York Supreme Court · Sep 15, 1864

Clearly, the sheriff would be permitted in a proper case to maintain an action to recover money due from any person to the debtor in the attachment, upon open accounts, bonds, bills, notes, checks, &c. … Such qualified right or decree is not consistent with the theory of the sheriff’s right to bring the action. 7.

Leland v. Hoke

156 Misc. 494 · New York Supreme Court · Jul 20, 1935

The legal rules which govern the subject are qualified by so many nice refinements and distinctions, and are so complicated with the question of the testator’s intention, to be drawn from obscure words or phrases, and as … These principles are well established and fundamental.

Secor v. Sturgis

2 Abb. Pr. 69 · New York Supreme Court · Jun 15, 1855

In the same case the learned judge has quoted, with approbation, a remark made, in fact, in relation to inferior courts,— that if causes may be joined in one action, they must be;— but he afterwards qualified it, and said … On no other ground can that case be sustained; for there part of the plaintiff’s claimOvas for a balance due on a note ; and clearly, he could not on any other ground lose that claim, when he sued for work and labor and goods