Case law

Santana v. Hammons

177 Misc. 2d 223 · New York Supreme Court · Apr 23, 1998

At the fair hearing the burden is on the agency to “establish that its actions were correct.” (18 NYCRR 358-5.9 [a].) … Plaintiffs have demonstrated that each is a qualified individual with disabilities recognized under the ADA and present claims under the ADA.

Mid-Island Shopping Plaza, Inc. v. Podeyn

25 Misc. 2d 972 · New York Supreme Court · Aug 9, 1960

That figure —let me qualify it this way — I would say that fee is partially included. That is, capitalized interest and insurance during the period of construction is partially capitalized in that. ‘‘ Q. … Nevertheless, it is clearly evident, not only from the petitioner’s books, but from a physical inspection of the premises, that the demand for space in the shopping plaza has fallen considerably short of expectations.

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.

People v. Chesler

91 Misc. 2d 551 · New York Supreme Court · Sep 8, 1977

The first such sample, the 1975 sample, consisted of approximately 625 qualified jurors who had been summoned for service on three specific dates in the summer and fall of 1975. … Clearly, the presence or absence of one juror on a panel is too thin a reed upon which to build a challenge of constitutional proportions.

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.

Country-Wide Insurance v. Wagoner

88 Misc. 2d 976 · New York Supreme Court · Nov 10, 1976

Clearly, the Endorsements are intended to be dovetailed in this fashion so as to give effect to the excess coverage provision in Condition No. 6 when the insured is driving a "nonowned” automobile. … To adopt the literal meaning of the term "automobile” in applying this definition in CountryWide’s Endorsement would mean that a person (not otherwise qualified as an insured) riding as a passenger on Daniel’s motorcycle

People v. Northern Railroad

53 Barb. 98 · New York Supreme Court · Jan 5, 1869

This covers the whole ground of the complaint; brings the case clearly within the statute above cited; and as between the people and the corporation, demands its dissolution. … avers that on the 7th of March, 1866, the stockholders of the Northern Railroad Company, “ said company not having elected directors for several years prior thereto,” met at Ogdensburgh and elected thirteen persons duly qualified

Beutz v. Lawyers' Fund for Client Protection

187 Misc. 2d 359 · New York Supreme Court · Dec 29, 2000

By letter dated January 10, 2000, petitioner was advised that his claim did not qualify for reimbursement, as he had not provided satisfactory evidence of a reimbursable loss. … The record clearly shows that petitioner was given every opportunity to provide any additional documentation that he believed might assist his case.

People v. Dabney

172 Misc. 2d 458 · New York Supreme Court · May 14, 1997

Was the seven-day period, from January 8th to January 15th, sufficient time to qualify as a "reasonable opportunity” for the defendant to exercise his right to testify? … Despite the fact that the pending matter is not analogous to Evans (supra), defendant would have this court interpret Evans to establish an affirmative obligation on the People to produce the defendant for Grand Jury testimony

People v. Victor J.

187 Misc. 2d 749 · New York Supreme Court · Nov 9, 2000

It also observed that factors “ ‘directly’ flowing from and relating to defendant’s personal conduct while committing the crime qualify [as mitigating circumstances].” (Id., at 342 [citations omitted].) … In my view, the studies relied upon by the social scientists mentioned above, as well as the clinical assessments done of this defendant by his treating clinicians and by the court’s forensic social worker, clearly show that

Kent v. Hudson River Rail Road

22 Barb. 278 · New York Supreme Court · Sep 1, 1856

Such is the well established rule between vendor and vendee. ( 7 Hill, 74 . Dey v. Dox, 9 Wend. 129 . 2 Barn. & Cress. 629.) … This must be established before we can fix our minds upon the question of proximity or remoteness,” and he refers to Masterton v.

Storch v. Syracuse University

165 Misc. 2d 621 · New York Supreme Court · Jun 20, 1995

The standard for evaluating motions for summary judgment is well established. … Further, this court is simply not qualified to determine that facilitated communication is a hoax as a matter of law.

Fesseha v. TD Waterhouse Investor Services, Inc.

193 Misc. 2d 253 · New York Supreme Court · Mar 20, 2002

Plaintiff Youm Fesseha established a TD Waterhouse trading account on July 27, 1999. On Friday, April 14, 2000, a significant decline in the stock market resulted in a margin deficiency in plaintiffs account. … The term “ordinarily” qualifies the sentence from which an obligation to notify and an opportunity to cure would arise.

Van Kleeck v. Dutch Church

20 Wend. 457 · New York Supreme Court · Dec 15, 1838

Accordingly I do not understand it to be denied that our ancestors imported the *481 common law, as qualified by the English statute of devises. … It appears clearly that these lands were only intended to be enjoyed by the wife while she lived.

Kenda v. Bortle

2 Misc. 2d 797 · New York Supreme Court · Dec 10, 1955

Y. 144, 147 ) the court stated: “ It is a well established principle, recognized in all jurisdictions that, so far as the public and third persons are concerned, the official acts of a de facto judge are just as valid as … I am, therefore, of the opinion that, while the respondent may not have been an officially appointed or qualified County Court stenographer at the time of entering upon her duties as such, by entering upon such duties and

Starin v. Mayor of New York

4 N.Y. St. Rep. 588 · New York Supreme Court · Dec 30, 1886

structures thereon, and slips, docks and water fronts adjacent thereto,- used or required for the purpose of such ferry, now owned or possessed, or which may hereafter be owned, or acquired by said city. ” This authority so far qualified … And to confer *594 such power upon the railroad company very clearly seems not to have been the design of this act.

Hoopes v. Auburn Waterworks Co.

44 N.Y. Sup. Ct. 568 · New York Supreme Court · Oct 15, 1885

In that the defendant may be right in a qualified sense, and the question is whether the recitals furnish prima facie evidence of those facts. … The color of title clearly existed in the deed to him which covered the premises, and the evidence is quite controlling if not conclusive that he was in the actual possession holding adversely under such title.

Rotwein v. Sunharbor Manor Residential Health Care Facility

181 Misc. 2d 847 · New York Supreme Court · Jul 15, 1999

In Kraus v Brandstetter ( 185 AD2d 302 ), the Court clearly stated that the waiver applies only to causes of action relating to the retaliatory discharge. … Since the correspondence of the residents is not in admissible form and no affidavits of the complaining residents are submitted, the truth of the statements is not established.

People v. Anonymous

186 Misc. 2d 853 · New York Supreme Court · Sep 28, 2000

Fischer considered him to have a profoundly deteriorated immune system. He commenced treatment of defendant with various combinations of antiretroviral medications (ART) designed for the treatment of HIV disease. … Fischer qualified to render a professional opinion on the subject of the diagnosis and treatment of HIV and AIDS. . Dr.