Case law

Vescio v. City Manager of City of Yonkers

69 Misc. 2d 68 · New York Supreme Court · Feb 23, 1972

Certain exclusions are spelled out (CPLR 7801), and the nature and extent of questions which may be raised is clearly specified (CPLR 7803). … Our position is that these allowable purposes spell out a broader spectrum of permissible actions than would any attempt to match them up with more well-established and precisely confined remedies (see Matter of Lowell v.

People v. Allen

6 Misc. 3d 258 · New York Supreme Court · Nov 9, 2004

.) *262 The Supreme Court has established the Blockburger 3 or “same elements” test for determining whether dual proceedings against a criminal defendant violate the Double Jeopardy Clause. … While it is well settled that a disposition under Family Court Act § 846 for a violation of an order of protection triggers federal double jeopardy concerns, such proceedings do not qualify as a prior prosecution under the

Ross v. Ross

13 N.Y. Sup. Ct. 80 · New York Supreme Court · Dec 15, 1875

Ross, who is the appellant, claims immunity from the payment of certain notes charged against him, on the proposition that the statute of limitations has applied. There are two answers to this. First. … This conclusion was clearly correct.

People v. Remington

3 Silv. Sup. 478 · New York Supreme Court · Jul 20, 1889

A distinction is clearly made between president, director, officer, agent, and laborer by the statute. … The defendant established general rules for the government of all persons engaged at work in its shop.

Zanelli v. Shuart

77 Misc. 2d 571 · New York Supreme Court · Mar 25, 1974

In most respects the costs are self-establishing in amount, or in any event set by some independent entity. … It has no defined limit or established rate, unlike those items regulatorily. specified.

In re the Accounting of Bank of New York

3 Misc. 2d 898 · New York Supreme Court · Jan 11, 1956

But again we must be mindful of the established and uncontrovertible fact that this trust indenture was made and executed in 1935. … This provision thus clearly and unambiguously states that it applies only to the gifts under the immediately preceding paragraphs “ 1 ”, “ 2 ” and “ 3 ”.

Southgate v. Continental Trust Co.

36 Misc. 415 · New York Supreme Court · Dec 15, 1901

It appears clearly from the peculiar provisions of the second codicil that the relations between the testator and Harriet A. … After the establishment of the trust fund for Harriet A. Hume or Whitmore, the remainder of the estate is to be divided equally between Mrs. Southgate and the children of Aleander Hutchinson, both Hiram H.

Lizotte v. Johnson

4 Misc. 3d 334 · New York Supreme Court · Jan 8, 2004

services at a special rate made on behalf of children who suffer from pronounced physical conditions as a result of which a physician certifies that they require a high degree of physical care, or have been diagnosed by a qualified … (Decision at 6.) (4) Failure to develop the record Finally, the transcript clearly demonstrates that the hearing officer did virtually nothing to develop the record.

Martell v. St. Charles Hospital

137 Misc. 2d 980 · New York Supreme Court · Oct 19, 1987

Charles Hospital has not established a right to summary judgment on this ground. … Cardozo, in writing for the Court of Appeals, applied the "professional skill” theory of immunity for hospitals.

People v. Lauro

91 Misc. 2d 706 · New York Supreme Court · Oct 3, 1977

Under Hillmon (supra), the People sought to offer this testimony as proof that Angie Lauro carried out her intention and confronted the defendant with this offer, in order to establish a motive for this alleged crime. … Here, such prerequisites clearly were entirely lacking. The court is well aware of the great weight which such a test could conceivably have in the minds of the jury 6 (see People v Leone, supra, p 518 ).

People ex rel. Kennedy v. Lahr

24 N.Y.S. 1020 · New York Supreme Court · Sep 15, 1893

That each of the plaintiffs and persons so- appointed by the order of April 4, 1892, qualified, filed his bond, and took the oath of office, and entered upon the discharge of their duties, as commissioners of excise of Hudson … We are therefore clearly of the opinion that the relators are entitled to retain their position as commissioners of excise until the expiration of their three-years term from the 1st of May, 1892.

Rogers v. Hosack's Executors

18 Wend. 170 · New York Supreme Court · Dec 15, 1837

Clearly, it is not. the subject .of an, appeal, at least, until'the motion shall have been, made and denied. … I fully concur with Ms honor, the chancellor, that this is clearly an assignment in equity.

Browne v. City of New York

125 Misc. 1 · New York Supreme Court · May 11, 1925

Local Law No. 3 vests the right in the board of estimate and apportionment to establish the routes. … The possession of the right would be qualified rather than absolute, were it necessary to go through a ceremony of grant of franchise.

O'Connor v. Bankers Trust Co.

159 Misc. 920 · New York Supreme Court · Jun 29, 1936

The practice of the clearing house banks in this city to participate in “ rescue parties ” was clearly established by the evidence. … In fact, it is clearly established that McCain, acting as chairman of the clearing house committee, and the committee itself, did not purport to bind all member banks, but only those who were represented on the committee

Quinn v. Metropolitan Life Insurance

187 Misc. 629 · New York Supreme Court · Jun 26, 1946

Dejewski may he able to submit and if it can be reasonably established that Mr. Dejewski did become totally and permanently disabled prior to July 21, 1921, we will honor the claim.” … Mehl clearly indicate he became gradually a blind man by reason of injury and disease commencing April. 22, 1920, and so. remained until he died in 1939. Defendant cancelled-the Dejewski. insurance July 15, 1921.

Butler v. Green

16 N.Y.S. 888 · New York Supreme Court · Nov 15, 1891

Ogden were appointed executors and trustees, and they have duly qualified and acted as such, and partially accounted to the surrogate aforesaid for their acts as such executors. Mr. … It is fully established that the gifts to charity in Mr.

People v. Radcliffe

196 Misc. 2d 381 · New York Supreme Court · Apr 8, 2003

The hazards of such testimony are established by a formidable number of instances in the records of English and American trials” (id. … application of clearly directive New York law.

People v. Bin Wahad

154 Misc. 2d 405 · New York Supreme Court · Jan 7, 1993

Some of the materials are clearly subject to the analytical problems alluded to in Jones (supra). … I do not believe that these additional statements, added together, qualify for that narrow exception. Even so, I acknowledge that this decision is not free from doubt.

Anderson v. Blood

33 N.Y.S. 233 · New York Supreme Court · Apr 11, 1895

Moreover, she knew that both Melhado and Waddell were personal friends of the trustee; that the property, when sold at public sale, was subject to an outstanding lease that was clearly calculated to lessen the price for which … An appeal to findings of fact by the court which seem to contradict, qualify, or limit the admission made will not avail him. Oliver v. Bennett, 65 N. Y. 559 .

Arlyn Oaks Civic Ass'n v. Brucia

171 Misc. 2d 634 · New York Supreme Court · Jan 14, 1997

Testimony from the Town of Oyster Bay Commissioner of Parks and the Supervisor of Parks established that the Lee Place Walkway is maintained as part of the Marjorie Post Park. … The statute and regulations are clearly addressed to hazards posed by vehicular traffic in the vicinity of the students’ pedestrian routes of travel.