Case law

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

Nassau Chapter, Civil Service Employees Ass'n v. County of Nassau

88 Misc. 2d 289 · New York Supreme Court · Sep 28, 1976

The adoption of such a plan establishes stability, prevents unlawful discrimination in compensation between county employees of equal rank and tenure and is designed to promote that kind of security and uniformity which is … That qualifying period however, does not appear in the 1973 version of the contract and was bargained away in 1969 (Nassau County Ordinance No. 270-1969, amdg Ordinance No. 175-1967).

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.

People v. Douglas

123 Misc. 2d 75 · New York Supreme Court · Jan 10, 1984

First, the hypnotic session was conducted by Detective Mark-man, who, while qualified as a technician, was neither a psychiatrist nor a psychologist trained in hypnosis. … Clearly, all of the paramount interests lie in New York. Applying an “interest analysis,” it becomes clear that the laws of New York as opposed to those of Florida would govern.

Westchester Joint Water Works v. Assessor of City of Rye

37 Misc. 3d 238 · New York Supreme Court · Jul 24, 2012

The District asserts that, prior to the commencement of the instant proceedings, it established a tax certiorari reserve fund (TCRF) pursuant to Education Law § 3651 (1-a), which provides: “Notwithstanding the provisions … , without approval by the qualified voters of the district, provided, however, that the total of the monies held in such reserve fund shall not exceed that amount which might reasonably be deemed necessary to meet anticipated

Phillips v. Phillips

15 Misc. 2d 884 · New York Supreme Court · Oct 15, 1958

In the circumstances, I am driven to making a choice between virtually negating the Johnson ruling by holding that the instant attack is permissible, for it has not been clearly established that the divorce State would prohibit … Dixon ( 204 Ga. 363 , supra) would qualify as an “ issuable defense ” at least as well as the no-contest-general-denial of Moss in the divorce decree under attack in the case at bar.

People v. Brown

80 Misc. 2d 777 · New York Supreme Court · Feb 4, 1975

And an expert opinion, properly qualified and with sufficient basis in fact, may itself become a fact establishing an element of probable cause (People v. Valentine, 17 N Y 2d 128). … Probable cause for the only crime specified in the order had still not been established.

Vickers v. Home Federal Savings & Loan Ass'n

87 Misc. 2d 880 · New York Supreme Court · Jul 7, 1976

Clearly, this contemplates authorization for the maintenance of such an action even though a statement expressly authorizing the same may not be set forth in haec verbae. … One additional criteria by which the adequacy of plaintiffs’ representation may be determined is that the plaintiffs’ attorney must be qualified, experienced and generally able to conduct the proposed litigation (Wetzel v

Drake v. Drake

10 N.Y.S. 183 · New York Supreme Court · May 16, 1890

The ascertainment of this intention is not a matter of speculation or arbitrary conjecture, but must be arrived at having due regard to established rules by which particular words and expressions, standing unexplained, have … Indeed, it is difficult to see how the testator could have shown more clearly than he has done that the doctrine of representation should have no application.

Bar Harbour Shopping Center, Inc. v. Andrews

23 Misc. 2d 894 · New York Supreme Court · Oct 23, 1959

Clearly, also, if without specifying the particular districts in which gasoline stations will be permitted, the ordinance established standards for such stations and the board then, upon application, rezoned property conforming … Clearly, therefore, the Village Board did not intend to divest itself of further power.

Bank of New York Mellon v. Deane

41 Misc. 3d 494 · New York Supreme Court · Jul 11, 2013

The concept of a “holder” and the related concept of “negotiation” are central to one of the unique features of the law of negotiable instruments, i.e., the concept of “holder in due course” (see UCC 3-302) and the immunity … The case law quoted and cited above clearly speaks, in the disjunctive, of standing obtained by “assignment” or “physical delivery” of the note before commencement of the action; if “assignment” must be accompanied by possession

Guden v. Dike

37 Misc. 390 · New York Supreme Court · Mar 15, 1902

Charles Guden was elected sheriff of Kings county at the last general election, and having qualified entered into his office at the beginning of the term thereof on January 1. … In England the common law on the subject was clearly stated by Lord Mansfield for the court in Rex v. Richardson (1 Burr. 517).

People v. Anderson

122 Misc. 801 · New York Supreme Court · Mar 15, 1924

Div. 695 ), and clearly so respecting the crime set forth in this indictment. People v. Hegeman, 57 Misc. Rep. 295 , is controlling. … Y. 351 , established the rule.

Miller v. Hannibal & St. Joseph Railroad

31 N.Y. Sup. Ct. 607 · New York Supreme Court · May 15, 1881

Peck (supra): “ There is, no doubt, an established distinction in favor of a bona fide indorsee, grounded upon the doctrine of estoppel. … This results from the qualified negotiability of these instruments.” (See Dows v. Perrin, 16 N. Y., 325 ; Bates v. Todd, 1 Moo. & Rob., 106 ; Berkley v.

McPherson v. Cheadell

24 Wend. 15 · New York Supreme Court · May 15, 1840

That the plaintiff below was so qualified to be an original member was shown by the official certificate of Judge Yeeder. … Such, I admit, would have been prima fade evidence that he was not legally qualified. Vide Collins v. Carnegie, 1 Adolph. § Ellis, 695. Pickford v. Gutch, 8 T. R. 305, note. Moises v.

Fisher v. Lister

130 Misc. 1 · New York Supreme Court · Jul 14, 1927

These figures clearly show that the husband’s life estate, computed on this basis, is very much less than one-half of the total estate after deducting all debts and funeral expenses. … It will be noted that the bequest to the defendant Amherst, Rebekah Lodge is absolute, unconditional and not qualified or limited by any trust whatever.

Iron Workers District Council v. D. R. Chamberlain Corp.

175 Misc. 2d 1011 · New York Supreme Court · Sep 22, 1997

The terms and obligations relating to required payments to the Funds were established within various agreements and declarations of trust. … The parties clearly charted a course for summary judgment.

Goldstein v. State

188 Misc. 2d 524 · New York Supreme Court · May 11, 2001

Petitioners argue that the IBA decision constitutes a clearly erroneous interpretation of applicable law. … The Court finds, however, that such an interpretation is clearly irrational in light of the evidence.

Subia v. Cosmopolitan Mutual Insurance

80 Misc. 2d 1090 · New York Supreme Court · Feb 5, 1975

The Superintendent of Insurance was charged with the duty of approving insurance policy forms for no-fault coverage and establishing minimum benefit standards and regulations. (Insurance Law, §§ 21, 672, subd. 4.) … Even "qualified persons” under uninsured motorist coverage who do not pay a premium are granted at least 90 days to make notice of most claims (Insurance Law, § 608, subds [a], [b]), as are persons who have claims against

Paterson v. University of New York

40 Misc. 2d 1023 · New York Supreme Court · Oct 31, 1963

204): “ That the Legislature assigned to respondent the task of implementing the statute — by recognizing accredited psychology courses in the graduate currículums of charted institutions, by determining the scope of the qualifying … Barr, 1 N Y 2d 413, 415) and State courts should be clearly convinced that a statute is unconstitutional before they declare it invalid (People v. Nebbia, 262 N. Y. 259, 271 ).