Case law

People v. Whitmore

45 Misc. 2d 506 · New York Supreme Court · Mar 19, 1965

The claim must be upon a logical and reasonable basis and must clearly establish a likelihood that it deprived the accused of a fair trial; if the conduct of any of the jurors tends to indicate that there is a possibility … When the verdict is contrary to law or clearly against evidence ” 7. Upon newly discovered evidence.

Gilroy v. Smith

5 N.Y.S. 784 · New York Supreme Court · May 8, 1889

It entirely overlooks the expression “as hereinafter provided. ” This expression clearly qualifies what precedes. How, what is hereinafter provided? … Rep. 235, the principle was finally established astothenon-excepted class, that a holding over encroached upon a consecutive term.

People v. Long Island Railroad

60 How. Pr. 395 · New York Supreme Court · Jun 15, 1880

Very clearly, as has been shown elsewhere, a legislature cannot, in a matter of public policy, bind its successors, and a similar principle applies to corporations created for the public good. … private or local bill * * * granting to any corporation, association or individual the right to lay down railroad tracks;” or “ granting to *417 any private corporation, association or individual any exclusive privilege, immunity

Bradley v. Baxter

8 How. Pr. 18 · New York Supreme Court · Apr 15, 1853

The language of the act itself shows clearly that such was the intention of its framers. (Sec. 10.) … It is true that the governor is endowed with a qualified veto, and in seme peculiar cases the power is given to the legislature to refer ceitain great financial questions to the people.

Bergen v. Udall

31 Barb. 9 · New York Supreme Court · Jun 1, 1858

B. first clearly states the rule, on the authority of Lord Eldon in Gibson v. … But this is not all which the defendant must establish to sustain such a conveyance.

Wilmerding v. McKesson

35 N.Y. Sup. Ct. 184 · New York Supreme Court · Oct 15, 1882

By his will he appointed other executors to act with this son in the management and administration of his estate, three of whom qualified as such, and to them and the defendant George G. … In support of it the evidence established the fact that the loss was caused solely by the conduct and mismanagement of the plaintiff’s half-brother George G. Wilmerding.

City of New York v. Patrolmen's Benevolent Ass'n

169 Misc. 2d 566 · New York Supreme Court · Apr 10, 1996

Clearly an impasse exists between the parties.” … Judicial intervention in such circumstances is clearly warranted.

In re the Acquisition of Title by the City of New York

127 Misc. 710 · New York Supreme Court · Jul 15, 1926

It seems advisable to examine in some detail certain of the documents establishing these grants. Confirmatory patent. … Y. 369 ) early (1851) established this rule.

Di Prima v. Wagner

27 Misc. 2d 380 · New York Supreme Court · May 5, 1961

than six months prior to the general election in that calendar year shall have power to appoint a city charter revision commission pursuant to this subdivision to prepare a proposed new city charter for submission to the qualified … To establish that an act though general in terms is local, it must be shown that physical facts or circumstances would limit the act to certain cities.”

Berlin v. Evans

31 Misc. 3d 919 · New York Supreme Court · Apr 11, 2011

Under that framework, we must first “ascertain whether the legislature meant the statute to establish ‘civil’ proceedings” (id. [some internal quotation marks omitted]). … In light of the parole officer’s qualifying language that the school is not “likely” to enroll students under the age of 18, there is reason to doubt whether petitioner’s current location really complies with SARA.

People ex rel. Tripp v. Board of Supervisors

22 Misc. 616 · New York Supreme Court · Feb 15, 1898

It is customary and frequently necessary for expert witnesses to attend during the whole trial and hear and carefully consider all the testimony given on both sides in order to fully qualify them to give a deliberate and … The statute clearly invested him with a discretion to decide as to the necessity of employing, expert witnesses and the number required. The hmitation is confined to necessary expenses.

People v. Decker

161 Misc. 2d 459 · New York Supreme Court · May 20, 1994

In the application for the search warrant, Koran clearly made reference to the "contents” of the electronic surveillance, since he stated that intercepted conversations "revealed that [the defendants Robbins, Decker and Endico … Further, I have been qualified as a gambling expert on at least three different occasions in court.

Farrugia v. North Shore University Hospital

13 Misc. 3d 740 · New York Supreme Court · Jun 21, 2006

The Administrative Code’s legislative history clearly contemplates that the New York City Human Rights Law be liberally and independently construed with the aim of making it the most progressive in the nation.[ 1 ] Thus, … Thus, a party making such a claim must first make out a prima facie case by demonstrating that he is a member of a protected class *751 and was discharged or barred from a position for which he was qualified, or paid less

Parrish v. Parrish

50 Misc. 2d 827 · New York Supreme Court · Mar 17, 1966

If such be the thrust of the Alabama decisions, and it would clearly appear to be in view of the reliance placed by the court in Aiello upon Mussey v. Mussey *832 ( 251 Ala. 439 ) and Fairclough v. St. … If New York is to afford to State-side decrees which are immune to attack in the rendering States less recognition than is afforded to the foreign decrees described in Rosenstiel, it should be on the basis of a definite ruling

In re Hopson

40 Barb. 34 · New York Supreme Court · Aug 25, 1863

We are to examine, subsequently, whether this is a sufficient immunity to the officer, and clothes him with adequate powers. … It is very manifest. that the reporter understood the decision as going to this length, for in the brief and condensed, but clearly expressed marginal notes, the following propositions, among others, are affirmed to be established

Wilson v. Wilson

20 How. Pr. 41 · New York Supreme Court · Nov 15, 1860

A devise to surviving devisees upon the death of the first devisee without issue, was therefore a good executory devise upon a qualified or determinable fee. … The cases and text writers cited both by the Chancellor and Senator Tracy, clearly make the distinction between such a right and a devise upon a like contingency to a definite and certain person.

United States v. Lathrop

17 Johns. 4 · New York Supreme Court · Aug 15, 1819

jurisdiction of the state tribunals; and as the first would amount to an alienation of state power by implication, the last appears to me the most defensible construction.” “ But this doctrine of concurrent jurisdiction, is only clearly … In doing so, Congress have not attempted to ordain and establish the state courts, as inferior courts of the United States, in the sense of the constitution; but have, in effect, merely qualified, or repealed in part, the

People v. Cameron

167 Misc. 2d 61 · New York Supreme Court · Oct 2, 1995

This is so because an unlawful arrest does not confer upon the suspect lifetime immunity from questioning or prosecution (cf., United States v Crews, 445 US 463, 474 [1980]; United States v Friedland, 441 F2d 855 [2d Cir … IV Lastly, the evidence establishes beyond a reasonable doubt that each of the statements at issue here was voluntary in the traditional Fifth Amendment sense, and followed a voluntary, knowing, and intelligent waiver of

Burling v. King

66 Barb. 633 · New York Supreme Court · Nov 3, 1873

Several witnesses, whose relation to the controversy and whose professional experience and intelligence, qualified them to speak on the subject, were asked as to the value of the plaintiff’s services in the matter, but the … court, in determining the question whether the party asking for the specific performance is or is not entitled to its judgment compelling it, must make such determination, in view of settled principles of equity, and of established

Greer v. Bane

158 Misc. 2d 486 · New York Supreme Court · May 28, 1993

If there was still an issue as to whether foster care placement was necessary, or as to whether the petitioners would qualify as foster parents under 18 NYCRR 444.8, then some concrete steps should have been taken towards … This is not to say that the petitioners have an established right to foster care benefits, but only that the Agency failed to properly determine whether such a right existed.