Case law

In re the Application for the Removal of Rupp

28 Misc. 703 · New York Supreme Court · Aug 15, 1899

Under section 182 of the charter of the city of Buffalo, it is provided that two police commissioners shall be appointed by the mayor for terms of six years and until their successors are appointed and qualify, and they each … This stat *711 ute imposes judicial duties upon particular justices to the exclusion of all the other justices of the same judicial district and.of the State, and tends to disorganize the established judicial, tribunals.

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

McNeir v. McNeir

76 Misc. 661 · New York Supreme Court · Jan 15, 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.

Blanshard v. City of New York

141 Misc. 609 · New York Supreme Court · Oct 14, 1931

Does the fact that a franchise is here involved change in any way the rules so clearly laid down by the authorities when dealing with other contracts entered into by municipalities or with their property, funds and estate … Whether the charges made can be established or proven can be determined only at the trial.

Lane v. Fenn

65 Misc. 336 · New York Supreme Court · Dec 15, 1909

But to exercise the fair judgment expected of a director in a matter of such importance, he should be immune from the embarrassment caused by a resignation held over his head. … It was formerly held that persons engaged in establishing companies were partners, as they were acting together for a common object with a view of sharing gains; but such is not now the accepted doctrine. Lindsay Part.

People v. Gonzalez

163 Misc. 2d 950 · New York Supreme Court · Feb 10, 1995

These statements are clearly related to the central subject matter of the M.E.s’ testimony — how and why 87 victims of the Happy Land fire died. … The defendant made no effort to establish prejudice in this case and, indeed, cannot establish prejudice in this case.

Board of Education v. Allen

45 Misc. 2d 981 · New York Supreme Court · Apr 8, 1965

She did accept the appointment, however, and duly qualified. Letters of guardianship of both the person and property were issued to her on February 10, 1960. … Allen (6 N Y 2d 127, 136) the quoted words are clearly defined: “ The term ‘ arbitrary ’ standing by itself, would be quite sufficient to make it plain that only a narrow review of the Commissioner’s decisions is available

County of Nassau v. Incorporated Village

109 Misc. 2d 299 · New York Supreme Court · Mar 18, 1981

The Nassau County Charter established the structure by which the county was, and is, to be governed. … Furthermore, the County Charter did not become effective until adopted by the qualified electors of the county.” (Emphasis supplied.)

Riggs v. Cragg

33 N.Y. Sup. Ct. 89 · New York Supreme Court · Dec 15, 1881

Of these the appellants are the only persons who .qualified, and. to them letters testamentary were issued by the surrogate. … As such qualifying executors they also became trustees of that portion of the testator’s estate which was appropriated for the benefit of his infant daughter, Mary Alice Riggs.

In re the Assessment of the Cost of the Improvement of Edgewood Avenue

195 Misc. 314 · New York Supreme Court · Apr 24, 1948

The ordinance required by section 43 of the charter is clearly a general ordi *324 nonce, a legislative act for permanent general regulation, or a local law in the nature of a by-law, like that required by the Lackawanna … The ordinances did not use the word “ provisional ”, nor in any way qualify the establishment of the district of assessment, and the word “ provisional ” is an afterthought more suggestive of ingenuity than of candor.

Farrington v. Frankfort Bank

24 Barb. 554 · New York Supreme Court · Apr 7, 1857

That the indorsements were procured by a very gross fraud, is very clearly established by the evidence, and is not disputed by the counsel for the appellants. … The objection to the evidence of what passed between Osborn and the plaintiff at the time the indorsements were procured, is clearly untenable.

People v. Rambersed

170 Misc. 2d 923 · New York Supreme Court · Aug 26, 1996

The exclusion of an otherwise qualified class of jurors from the right of every citizen to perform jury service would be an intolerable burden on a fundamental entitlement, and an unacceptable impairment of the integrity … "[T]he statutory structure and legislative history persuade * * * that the 39th Congress was intent upon establishing * * * a broader principle then would have been necessary simply to meet the particular and immediate plight

Indianapolis, Peru & Chicago Railroad v. Tyng

48 How. Pr. 193 · New York Supreme Court · Oct 15, 1874

The following statement by the respondent’s counsel, of the averments in the pleadings and of the facts established on the trial, is adopted as a correct exposition of the material facts. “ The complaint charged that, by … It was for the purpose of demonstrating the object and design of the defendant and the fraudulent devices which were resorted to to accomplish them, and was clearly competent.

People v. Scher

76 Misc. 2d 71 · New York Supreme Court · Nov 9, 1973

S. 493 ), to encompass the system established by article 5-B, we find no denial of rights under that provision. … It is contended by the People that all of New York City could properly qualify as one district for purposes of the Sixth Amendment requirement of trial by an impartial jury of the district wherein the crime shall have been

Santos v. Chappell

65 Misc. 2d 559 · New York Supreme Court · Feb 3, 1971

Operations such as those of the multiple listing service, conducted on the scale established, are business-type activities properly conducted by business corporations. … However, it is possible for LIBOR to qualify as a different type of corporation, even though that might conceivably involve changing corporate purposes or the certificate of incorporation.

Wahid v. Long Island Railroad

17 Misc. 3d 309 · New York Supreme Court · Aug 9, 2007

The fee for all such interpreting services shall be a charge upon the state at rates of compensation established by rule of the chief administrator . . . .” *312 Two ways exist to approach the issue of the appropriate payment … However, despite the size of the community the number of qualified RID certified ASL interpreters is limited.

Sengstack v. Sengstack

7 Misc. 2d 1012 · New York Supreme Court · Sep 13, 1957

defendant that the complaint on its face shows that plaintiff herself abandoned defendant, without any fault on defendant’s part being alleged as provocation for the abandonment, is without substance, since the complaint clearly … There is nothing to show that defendant consulted with any qualified physician to determine whether it would not be more beneficial for plaintiff to continue to receive treatment in Minnesota.

Davies v. New York Concert Co.

48 N.Y. Sup. Ct. 492 · New York Supreme Court · Oct 15, 1886

.: The plaintiff was appointed and qualified as receiver of the insolvent firm of Grant & Ward. … These clauses of the mortgage are in no manner affected or restricted in any respect by any other provisions or directions contained in the instrument, and they clearly contemplate the intention to have been that default

Same v. Douglass

62 N.Y. Sup. Ct. 198 · New York Supreme Court · Dec 15, 1889

He would have us qualify the exj>ression “ may be required ” by the-preceding words “ as has been taken ” and thus make the paragraph read “ so much of the property which may be required as has been. taken.” … can the-petitioners practically set forth what they desire to take and secure-The court can then determine whether they have a right to take the property sought for the purposes set forth, and, if they have, to indicate clearly

Tyrrell v. Town of Greenville

124 Misc. 2d 54 · New York Supreme Court · May 8, 1984

By administrative order dated January 11, 1982 the Chief Administrator of the Courts established interim rules to govern special proceedings for small claims assessment review. … However, the Legislature clearly intended the hearing officer’s determination, even if erroneous, be final and not reviewable by this court at the behest of tax districts.