Case law

Strippoli v. Bickal

42 Misc. 2d 475 · New York Supreme Court · Apr 1, 1964

These area schools were chronologically numbered, generally in the order in which the zones were established. … It was urged that the petitioners did not show facts sufficient to establish that they were aggrieved and entitled to maintain the proceeding.

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.

McNeir v. McNeir

129 N.Y.S. 481 · New York Supreme Court · May 6, 1911

All have ample means, and are so circumstanced that they are fully qualified to give to the children excellent care and a good education. … I believe that the proof establishes that she is a proper and good mother to take care of and nurture and educate the children, instead of establishing the contrary.

Lord & Burnham Co. v. City of New York

132 Misc. 64 · New York Supreme Court · May 7, 1928

The court said: “ This provision of the statute clearly confers a judicial power. … Similarly it recognized and established the existence of an emergency, and that the expense was due to calling out the troops because of such emergency.

Suffolk County Water Authority v. Dow Chemical Co.

35 Misc. 3d 307 · New York Supreme Court · Jan 18, 2012

The EPA has established both MCLs and MCLGs for PCE and TCE under 41 USC § 300g-l (b) (4). … To hold otherwise would lead to the absurd result of essentially immunizing defendants from liability for further contamination caused by future releases, discharges, etc. of PCE.

Butterick Publishing Co. v. Typographical Union No. 6

50 Misc. 1 · New York Supreme Court · Mar 15, 1906

It does not clearly appear that Ho. 23 was permitted by its rules thus to take the place of the striking pressmen of Ho. 51, nor that the feeders composing Ho. 23 were qualified to do pressmen’s work. … The right of the defendants to maintain pickets is well established, provided, however, that such picketing is not accomplished by acts expressing or implying threats, intimidation, coercion or force.

159-MP Corp. v. Cab Bedford, LLC

53 Misc. 3d 803 · New York Supreme Court · Aug 18, 2016

As a final matter, plaintiff avers that the balancing of the equities clearly weighs heavily in its favor inasmuch as Bedford has unclean hands. … Contrary to Bedford’s claim, these allegations are sufficient to establish standing (Golden, 216 AD2d at 441 ).

People v. Vasquez

7 Misc. 3d 762 · New York Supreme Court · Jan 18, 2005

Further, Justice Scalia deliberately emphasizes the word “seriously” in the qualifying phrase that the new procedure be one without which the accuracy of the conviction would be seriously diminished. … But even in the Hoke case, the court clearly recognized that the Roberts rule was different in kind from the rule that permitted admission of interlocking confessions.

Kinne v. Johnson

60 Barb. 69 · New York Supreme Court · Jun 7, 1869

The last mentioned ground was not pressed, on the argument here, and is clearly untenable. … These 'are the leading facts urged to establish undue influence.

Chue v. Clark

46 Misc. 3d 973 · New York Supreme Court · Oct 23, 2014

As noted infra, the terms of this visitation are not markedly different from the access rights accorded distant parents under well-established New York precedents. … The wife, by signing the consent to judgment, clearly submitted to the jurisdiction of the Singapore courts. .

Curtis v. Leavitt

17 Barb. 309 · New York Supreme Court · Dec 31, 1853

Acts hot likely to stride tM^OTainaf^jHÍnd as morally wrong, if made misdemeanors by pfehávfffoa^ oi intended so to be, should be clearly described and as clearly forbid•den; otherwise the statute becomes', as already remarked … They differ from this cáse, and are so much qualified by a subsequent decision as to leave the question open, or in favor of this assignment. In Goodrich v.

Dinkins v. Farley

106 Misc. 2d 593 · New York Supreme Court · Dec 15, 1980

It was “too little actuated by a purpose to serve the master”; his own purpose was clearly the prevailing one. Nor was Xerox exercising control over him, directly or indirectly, at the time. … To obtain compensation benefits all that an employee need do is establish that his injury was caused by an activity related to his job.

Meyer v. Cohen

4 N.Y. St. Rep. 612 · New York Supreme Court · Dec 30, 1886

By it the defendants Cohen and the plaintiff were appointed executors, and duly qualified as such. … The following authorities abundantly established these propositions: Scribner on Dower, vol. 2, p. 527; Roper on Legacies, p. 431; Matter of Dolan, 4 Redf., 511 ; Williamson v. Williamson, 6 Paige, 305 ; Isenhart v.

Bevier v. President of Delaware & Hudson Canal Co.

20 N.Y. Sup. Ct. 254 · New York Supreme Court · Jan 15, 1878

to a witness on the part of the plaintiff, it might be assumed that the object of the question was to prove that the defendant knew the engine to be defective and made the repairs for that reason; such evidence would be clearly … The counsel excepted to the refusal to charge as requested, that the defendants were not bound to use any other ap2>liances than such as are in known practical use, and claimed that the court had no right to qualify it by

People v. Salazar

83 Misc. 2d 922 · New York Supreme Court · Sep 24, 1975

The case of People v McIlwain (supra) is clearly distinguishable. … The prosecution sought to establish right of entry based upon exigent circumstances in that there was danger of destruction of narcotics.

Sandford v. Halsey

2 Denio 235 · New York Supreme Court · Dec 15, 1845

All this is abundantly established. … It is insisted, however, that they qualify the previous part of the agreement, and that they are wholly inoperative without a full subscription. It then becomes necessary to examine them more particularly.

Freeman v. People

4 Denio 9 · New York Supreme Court · Jan 15, 1847

Nor, in my judgment, was the statute on this subject intended to abrogate or qualify the common law rule. … The views of the court upon this part of the case were, in my opinion, clearly erroneous.

Saska v. Metropolitan Museum of Art

57 Misc. 3d 218 · New York Supreme Court · Jun 15, 2017

Ergo, the court believes the new signage clearly and accurately informs the public of the Museum’s admission policy. … This factor clearly weighs in favor of approval.

S.B. v. W.A.

38 Misc. 3d 780 · New York Supreme Court · Sep 26, 2012

The plaintiff is entitled to an award of counsel fees on her qualifying matrimonial claims, consisting of her efforts to obtain maintenance or distribution of property following a foreign judgment of divorce (Domestic Relations … Clearly the defendant has paid some sums to the plaintiff against the support order for which he should receive a credit against his arrears.

Thomas v. City of New York Department of Housing Preservation & Development

12 Misc. 3d 547 · New York Supreme Court · Mar 27, 2006

This committee, which was “continued” under Public Officers Law § 89 (1) (a), is authorized to establish disclosure guidelines and to render advisory opinions on FOIL issues to any agency or person. … Under this decision, Thomas’ application for an apartment has clearly prevailed. Further, the dispute involves more than one apartment in one project.