Case law

Wood v. City of Watertown

11 N.Y.S. 864 · New York Supreme Court · Nov 15, 1890

It employed, for this purpose, Henderson and Hill, who were competent and skilled mechanics, and fully qualified to do the work. … We think the charge was clearly within the principle of the decision of the case above cited, and that it was erroneous.

Post v. Bernheimer

38 N.Y. Sup. Ct. 247 · New York Supreme Court · Dec 15, 1883

And the same clause follows and qualifies the warranties contained in the deed, and the final covenant for quiet enjoyment is in like manner made “ subject always to the condition hereinbefore expressed and the rights which … Y., 442 ), its legal effect was still the same and it was clearly a legal condition under the law as it was declared in that decision.

Eyre v. Higbee

35 Barb. 502 · New York Supreme Court · Sep 16, 1861

The widow then had the custody of the letters for a period of forty years, with the knowledge of the son, as it clearly appears. Other letters from Gren. Washington to Col. … These allegations are denied by the answer, and the plaintiffs have introduced a servant, who resides in their family, to establish the truth of the averment.

Timkovsky v. 56 Bennett, LLC

23 Misc. 3d 997 · New York Supreme Court · Feb 17, 2009

They further cite the City Council’s press room release No. 024-2008 (Mar. 26, 2008), clearly not part of the law, announcing that the City Council planned to override Mayor Bloomberg’s veto of Local Law 10, which, in fact … Defendants claim that plaintiffs would have to establish that “but for” receipt of Section 8 relief, the tenants would face eviction.

People v. Kogut

10 Misc. 3d 305 · New York Supreme Court · Sep 15, 2005

Solomon Fulero, are highly qualified in the field of social psychology. It was an absolute pleasure to hear them discuss their theories, research, and analysis. … Kogut to determine his susceptibility to police influence, he claimed that it was unnecessary to do so because the interrogation itself was so clearly coercive. Dr.

In re the Arbitration between District No. 2, Marine Engineers Beneficial Ass'n & Isbrandtsen Co.

36 Misc. 2d 617 · New York Supreme Court · Oct 29, 1962

Immediately thereafter Isbrandtsen, which was operating a fleet of ocean-going vessels at a loss and not being in a position financially or by the nature of its other activities to qualify for an operating differential subsidy … While the court is in agreement with the principle of law so expressed, it finds that the authorities cited are clearly inapposite in their facts and distinguishable in law and have no application to the facts presented in

DeKay v. Bliss

4 N.Y. St. Rep. 728 · New York Supreme Court · Dec 30, 1886

And the evidence further tended to establish the fact that these fire-escapes could not be constructed and placed upon the building for an expenditure of less than the sum of $4,800. … They were taken for so much money paid on different occasions on the mortgages, without being qualified in any manner by reference to the existence of the condition insisted upon at the trial.

Eshan Realty Corp. v. Stuyvesant Insurance

25 Misc. 2d 828 · New York Supreme Court · Jun 2, 1960

Moreover, if market value were the rule, property, for which there was no market, would possess no insurable value, a proposition which is clearly untenable. … Clearly, where no sales have been made, the opinion of an expert that the property in question ‘ will sell ’ for a given sum does not establish ‘ market value,’ in the sense of an exclusive criterion of value.”

MBIA Ins. Corp. v. Credit Suisse Sec. (USA) LLC

New York Supreme Court · Mar 31, 2017

Butler was proffered as MBIA's expert, the court found him to be qualified. While the court did not specifically address Mr. … It should be noted that the court assumes, arguendo , that Credit Suisse qualifies as an "applicant for insurance." See CIFG Assur. N. Am., Inc. v J.P. Morgan Sec.

Greentree at Murray Hill Condo. v. Good Shepherd Episcopal Church

146 Misc. 2d 500 · New York Supreme Court · Dec 5, 1989

Religious sanctuary is an equally well-established practice in this country.” … conducted on the same zoning lot as the principal use to which it is related (whether located within the same accessory building or other structure, or as an accessory use of land) * * * and *507 "(b) Is a use which is clearly

Incorporated Village of Hempstead v. Jablonsky

187 Misc. 2d 792 · New York Supreme Court · Mar 7, 2001

The Applicable Standard The standard for granting a preliminary injunction is well established. … While the Sheriff is correct in his assertion that he is not subject to the enforcement provisions of chapter 74, it does not necessarily follow that he is immune from complying with the more general provisions of the antilittering

Clarke v. City of Rochester

14 How. Pr. 193 · New York Supreme Court · Mar 15, 1857

These cases arose under the act “ to establish free schools *197 throughout the state, passed March 26,1849.” … Section 291 declares that the preceding §§ 285, 286, 287, 288, 289, 290, together with this section, (§ 291,) shall not take effect until they shall be submitted to the electors of the city of Rochester qualified to vote

Blackburn v. Blackburn

113 Misc. 2d 619 · New York Supreme Court · Jan 21, 1982

The advantage of this procedure is that, like the CPLR article 54 registration, it is quick and moreover any judgment qualifies (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3213:2, p 829). … The amount due cannot be calculated until the amount already received has been established, and subtracted from the total obligation. There is a question of fact regarding this cause of action.

In re Parker

11 Misc. 3d 252 · New York Supreme Court · Oct 26, 2005

SORA established a notification and registration scheme for individuals convicted of certain enumerated sex offenses. … The facts cannot be deemed as established.

Starin v. Mayor of New York

49 N.Y. Sup. Ct. 549 · New York Supreme Court · Oct 15, 1886

This authority so far qualified the exception contained in section 170 of the same act as to empower the commissioners to lease with the ferry franchises, the wharfs, piers, bulkheads and ■ structures adjacent thereto, and … And to confer such power upon the railroad company very clearly seems not to have -been the design of this act.

Crist v. Burlingame

62 Barb. 351 · New York Supreme Court · Jul 8, 1862

McCalmont, ( 2 How. 426 ,) expresses the rule in nearly the same language, but qualifies it by saying: “By a liberal interpretation we do not mean that the words shall be forced out of their natural meaning, but simply that … Cases might be multiplied, but it is unnecessary; those cited fully recognize and establish the rule which seems to me to govern this case, and makes this guaranty a continuing one.

Cunliffe v. County of Monroe

63 Misc. 2d 62 · New York Supreme Court · Feb 26, 1970

The present site of the airport was established by the City of Rochester by city ordinance and commercial operations were started there in 1927. … While this court has clearly indicated that plaintiffs stated a cause of action, the complaint, as indicated above, must be dismissed for failure of proof. . See, for example, Vasile v.

Parker v. Baxter

26 N.Y. Sup. Ct. 410 · New York Supreme Court · Dec 15, 1879

Direct evidence of these facts was not given, but circumstances were proved from which that was reasonably concluded, and they were sufficient to establish the fact that when the bill was discounted it was done on the understanding … The letter and the bill, and the knowledge of the course of business, so far qualified the nature of the direction and request made in the bill, as substantially to render it an order on the bank for a corresponding amount

People v. Thompson

158 Misc. 2d 397 · New York Supreme Court · Jul 1, 1993

The County Judge simply appointed a Justice of the Peace, who was otherwise qualified to sit, to replace the absent Justice and the trial resumed over the defendant’s objection. … Moreover, although under the former Code of Criminal Procedure, a Trial Judge was empowered to set aside a guilty verdict and grant a new trial when the verdict was "clearly against [the] evidence” (Code Crim Pro § 465 [6

Kinkopf v. Triborough Bridge & Tunnel Authority

1 Misc. 3d 417 · New York Supreme Court · Jul 24, 2003

The Legislature has clearly and strongly stated its disdain for administrative procedures that lack uniformity. … In order to qualify this paragraph as a “notice of claim,” the contract should contain specific words to that effect. It does not.