Case law

Society of the Plastics Industry, Inc. v. City of New York

68 Misc. 2d 366 · New York Supreme Court · Nov 11, 1971

Nor is such an immunity achieved by treating any fanciful conjuncture as sufficient to repel attack (see Borden’s Co. v. Baldwin, 293 U. S. 194 , 209 and cases cited therein). … The avowed primary purpose of the law is clearly to promote the recycling of plastic containers and to reduce the cost of solid waste disposal.

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

Bliek v. Town of Webster

104 Misc. 2d 852 · New York Supreme Court · May 16, 1980

Todd Mart involved rezoning alone, which is clearly a legislative function. … petitioners contend, and the town and the developers concede, that the proposed development of the Homart site is a "Type I” action, in that it meets or exceeds many of the specified criteria for types of actions which qualify

Putnam v. Wise

1 Hill & Den. 234 · New York Supreme Court · May 15, 1841

In Massachusetts, the right has been very much qualified. In Jones v. … That this kind of tort may also be waived, and an action sub *242 stituted for it, on the impEed contract, is fully established by the modem authorities, and is in fact in principle Eke the old cases reported on this doctrine

People v. Shelton

88 Misc. 2d 136 · New York Supreme Court · Jun 16, 1976

Clearly the test of the reasonableness of the cause cannot be completely objective, for the model on which we fashion many of our legal standards, the "reasonable man,” "quite plainly does not kill.” (Comment, p 47.) … (b) Although the defendant was exposed to an unusual stress, the People have established that it was neither extremely unusual nor overwhelming.

People ex rel. Peixotto v. Board of Education

82 Misc. 684 · New York Supreme Court · Nov 15, 1913

One has been appointed, but he has not as yet qualified. … Cases coming within these provisions are clearly not to be construed to constitute ‘ ‘ neglect of duty.”

People v. Solomon

113 Misc. 2d 790 · New York Supreme Court · Apr 19, 1982

An analysis of subdivision (1) of section 265.02 of the Penal Law clearly indicates this statute to be an enhancement of punishment law. … Clearly, this court had jurisdiction of the subject matter and person of the defendant. Therefore, a priori, it had the power to establish a remedy to enable the defendant to enforce his constitutional guarantees.

Klein v. Antebi

15 Misc. 3d 901 · New York Supreme Court · Mar 28, 2007

In fact, New York precedent clearly supports giving deference to the law of the foreign jurisdiction in determining claims for commissions by New York brokers unlicensed in the states where the property is located. … This court notes that Pennsylvania has a reciprocal provision for out-of-state residents to qualify for a license in Pennsylvania and avoid the prohibition of the act. (63 Pa Stat Ann § 455.602.)

Turbin v. Metropolitan Transportation Authority

109 Misc. 2d 149 · New York Supreme Court · Apr 16, 1981

a “policy” whereby those qualifying for the handicapped card must be a resident of the County of Nassau in order to exercise the benefits afforded to all those handicapped persons by Federal law, and that such a “policy” … Let it be clearly understood that this direction is not by way of sanction, but rather to afford the plaintiffs the opportunity, heretofore granted to them, to elicit facts to establish their cause of action.

Gray v. Green

21 N.Y.S. 533 · New York Supreme Court · Dec 16, 1892

It is claimed that all this occurred while the plaintiff was absent in Europe, and was necessitated by such absence, but it clearly appears that several of the specified acts were done while the plaintiff was- here, and as … But as to the averment that these copartnership transactions have never been settled or wound up, and could not be until on or about July 1, 1884, there-is not even a qualified denial.

Meyer v. Roosevelt

25 How. Pr. 97 · New York Supreme Court · Jun 15, 1863

Nothing is more natural and common than first to use a general phrase and then to explain and qualify it by a recital of particulars,” &c. (No. 41 Federalist.) … In my judgment, this law, so far as regards the clause in controversy, is clearly and plainly unconstitutional and void.

Honeoye Central School District v. Berle

99 Misc. 2d 20 · New York Supreme Court · Mar 1, 1979

Since the intent of the Legislature is clearly to preserve and protect one of its vital resources rather than to subsidize a lagging lumber industry, it matters little who owns the forests so long as they are preserved and … loggers, are to be protected if they otherwise qualify.

People v. Figueroa

27 Misc. 3d 751 · New York Supreme Court · Feb 8, 2010

The statute clearly does not bar offenders who have been previously released on parole from resentencing eligibility. … The Legislature obviously established a time after which resentencing would not be available.

Brand v. Brand

39 How. Pr. 193 · New York Supreme Court · Apr 15, 1870

Greddes was not in the proper sense of the word an expert; though he was a man of high character, and actually well qualified to judge, from the continued actions of one with whom he was acquainted, of his sanity, as well … But the defendant having accepted the deed is clearly bound by the condition, notwithstanding the language of the mortgage.

Oneida Ltd. v. Utica Mutual Insurance

178 Misc. 2d 572 · New York Supreme Court · Oct 6, 1998

is assured, or who are able to deposit the securities required, can qualify as self-insurers. … Also, however, the definition section clearly states that “[t]he term ‘Law for Damages’ shall not include any Workers’ Compensation Act”, clearly distinguishing between the two areas of coverage in the Republic Western policy

Blair v. Novello

24 Misc. 3d 759 · New York Supreme Court · Dec 12, 2008

The formula used in that section is asserted to be the maximum amount allowed by the federal government in order for the State to qualify for partial Federal Medicaid reimbursement. … The class of persons designated in section 209 (2) is clearly defined and limited to those blind, elderly and/or disabled whose *765 incomes are below the stated level, which would exclude the two petitioners, as well as

Bank of Batavia v. New York, Lake Erie & Western Railroad

40 N.Y. Sup. Ct. 589 · New York Supreme Court · Oct 15, 1884

He clearly had no right to issue a bill of lading without receiving the property, and in doing so ■committed criminal fraud. (Laws 1858, chap. 326, § 5.) … This produces the situation to which equitable estoppel will for his protection be applied against the defendant within the rule well established in this state.

People ex rel. Walcott v. Parker

84 Misc. 534 · New York Supreme Court · Mar 15, 1914

for these companies but are granted to others as well, but to none except those who are considered after careful test and observation to have the character, stamina and fitness, as well as the preliminary attainments,. to qualify … In this sense, clearly, the power to conduct commercial enterprises does not deprive the Telluride Association of the right to exemption so far as Telluride House and its contents are concerned.

Wells v. World's Dispensary Medical Ass'n

9 N.Y. St. Rep. 452 · New York Supreme Court · Jun 25, 1887

Another was an operating surgeon of the establishment, and the third was the financial and business manager of the institution. … operation he examined the plaintiff, and although he saw a scar at the place of the operation, he thought there had been no tumor there, but upon his further evidence and that of others, as shown by the record, it very clearly

People v. Medure

190 Misc. 2d 167 · New York Supreme Court · Nov 19, 2001

People propose to use the fruits of this digital surveillance both directly in their case against the named parties, and derivatively as the information garnered from the pen registers was used in subsequent applications to establish … Derivative Evidence Having determined that the evidence collected in the instant case was garnered legally, and that suppression does not lie, its derivative use was clearly proper.