Case law

Smith v. Berlin

207 Misc. 862 · New York Supreme Court · Apr 27, 1955

The litigants presented testimony by qualified examiners of questioned documents and in addition the plaintiff called an expert chemist and physicist. … An examination of the enlargement of this stamp with the red-ink guide-lines superimposed, clearly indicated to the court the foreshortening of the letters which crossed the flap.

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.

Lefevre v. Lefevre

2 Thomp. & Cook 330 · New York Supreme Court · Dec 15, 1873

These facts very clearly identify the claimant as the legatee described in the will. … The words of limitation introduced do not give the power, but simply qualify it. Reading the section and leaving out the words of limitation, the power intended to be given is more apparent. “ § 4.

Curcio v. Boyle

142 Misc. 2d 1030 · New York Supreme Court · Apr 18, 1989

the County Attorney’s opinion is to deny the voters of Suffolk County an opportunity to vote on a matter of such consequence as their form of government, such a determination can only be sustained where the proposal is clearly … The references in the proposal to Iannucci v Board of Supervisors ( 20 NY2d 244 ) and Franklin v Krause (supra) are qualified by the reference to existing law at the time of implementation.

Simonson v. Waller

14 Misc. 95 · New York Supreme Court · Sep 15, 1895

So that the contingency upon which the trust in favor of the children of Lavina Waller was established never occurred. … That he did intend that the issue and descendants of Amelia Hannah should enjoy the estate after his death is clear, and is clearly expressed within the instrument.

White v. Hudson River Insurance

7 How. Pr. 341 · New York Supreme Court · Dec 15, 1852

mortgagee may each insure the same building, and it seems their particular interest need not be described in the policy; it may be described os the property of the insured; a mortgagor or mortgagee need not disclose his qualified … These cases seem clearly to establish the principle that the nature of the interest need not be specified in the policy, except in cases of reassurance and insurance by the holder of a bottomry or respondentia bond, and insurance

People v. Peterson

91 Misc. 2d 407 · New York Supreme Court · Jul 27, 1977

Clearly then, "Dissimilar treatment reasonably accorded persons dissimilarly situated does not implicate the equality demand of the Fifth Amendment” (United States v Bell, 506 F2d 207, 222). … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

People v. Reavey

4 N.Y. Crim. 1 · New York Supreme Court · Oct 15, 1885

This did comply substantially with 'the averment in the indictment The important and material accusation was, that he had obtained so much money from the witness, and that this evidence had clearly a tendency to establish … This position has been now for the first time taken in the case, and section 148 of the Penal Code is supposed to sustain it, but it clearly does not.

Bethelite Community Church, Great Tomorrows Elementary School v. Department of Environmental Protection

8 Misc. 3d 274 · New York Supreme Court · Dec 28, 2004

Procedural history: On June 28, 1991, the Assistant Commissioner of the DEP wrote petitioner, acknowledging its application for an exemption from water and sewer charges and informing petitioner that it “may qualify for a … Exceptions to the exhaustion requirement clearly exist.

De Baun v. Mayor

16 Barb. 392 · New York Supreme Court · Oct 3, 1853

Even the learned justice whose decision is under review designates the claim, put forth by counsel, of “ entire immunity for municipal corporations,” as involving “ a bold proposition,” at which his brother judges “ might … This point is so clearly presented, and so conclusively disposed of, by the justice who decided this cause at special term, (Justice Edmonds,) that it is only necessary for me to refer to his opinion and say I fully concur

Rozina v. Casa 74th Development LLC

29 Misc. 3d 675 · New York Supreme Court · Aug 27, 2010

The movant must tender evidence, by proof in admissible form, to establish the cause of action “sufficiently to warrant the court as a matter of law in directing judgment.” … Rozina’s contractor, Igor Zagranichny, the only arguably qualified professional who viewed the unit with Ms. Rozina.

Sheldon v. Clews

13 Abb. N. Cas. 40 · New York Supreme Court · Apr 15, 1883

It is not sufficient, , that the facts are ambiguous and just as consistent with innocence as with guilt; if taken together they are consistent with an honest intent, the fraud is not established. (Shultz v. … That we have the power to review the evidence, and to set aside a verdict or report which is clearly against the weight of evidence, and that it is our duty to do so in a proper case, is undoubted (Smith v.

People ex rel. Rosekrans v. Carr

62 How. Pr. 5 · New York Supreme Court · Oct 15, 1881

And by section 12 of article 14, it was provided: “All local courts established in any city or village, including the superior court, common pleas, sessions and surrogate’s courts of the city and county of New York, shall … were chosen “ at the annual general election, held in the year one thousand eight hundred and fifty-seven, and every three years thereafter,” who were to “ hold office for three years, and until their successors shall have qualified

Campbell v. Seaman

2 Thomp. & Cook 231 · New York Supreme Court · Dec 15, 1873

own property may, in many cases, so hurt or annoy a neighbor in the perfect and absolute enjoyment of the estate of the latter as to render it nearly valueless, and, therefore, the definition, I think, should be somewhat qualified … But he did not intimate that right by prescription applied to a case of nuisance which visibly diminished the value of the neighbor’s property, and destroyed the comfort and enjoyment of it, but clearly intimated the contrary

Carr v. Providence Washington Insurance

45 N.Y. Sup. Ct. 86 · New York Supreme Court · Oct 15, 1885

The construction to be placed upon a clause thus worded, when used in policies of marine insurance, is well settled and is stated very clearly by writers on the law of insurance, and has been by them formulated into a legal … These words have the ■same legal operation and alike qualify the insurer’s undertaking Arnold says: “ Total losses are either absolute or constructive. *90 An absolute total loss is one which entitles the insurer to claim

Hendrickson v. People

1 Park. Cr. 406 · New York Supreme Court · Dec 15, 1853

The general rule, that what a person says, when examined as a witness in a legal proceeding may be used in evidence against him, has not been restricted or qualified. … Clearly it is not, for he was not a prisoner at the time he made it.” In Rex agt.

People v. Weitz

37 Misc. 3d 445 · New York Supreme Court · Aug 3, 2012

And, in one breath, de *455 fendant denied, and then offered a qualified admission of culpability for his actions: “I was always in a situation that the underlying allegations were not true. … Clearly, religious faith may play a crucial role in preventing reoffending, but it must be combined with treatment and monitoring by the Department of Probation.

McCann v. People

3 Park. Cr. 272 · New York Supreme Court · May 15, 1857

The evidence was clearly admissible. It tended to show an alienation of affection. (The People v. Hendrickson, 8 How., 412 .) … By- that presumption every man is held innocent until his guilt is established.

Johnson v. Bloodgood

1 Johns. Cas. 51 · New York Supreme Court · Apr 15, 1799

The well established maxim, also, that an acceptance by a drawer, is prima facie evidence of his holding property of the drawer’s to the amount of the bill, will be shaken. … The justice of this case does not appear to me to be clearly with the plaintiff. Set-offs are productive of the most beneficial and equitable effects.