Case law

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

Milhau v. Sharp

15 Barb. 193 · New York Supreme Court · Apr 4, 1853

As to-private rights, it does not appear very clearly that any such could be affected by a railroad granted on proper terms, at all. … It transcended the limits established by the practice of courts of equity.

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

Charles H. Dauchey Co. v. Farney

105 Misc. 470 · New York Supreme Court · Dec 15, 1918

This is the established principle pursuant to which I am fortunately compelled to approach the solution of all these important matters now before me.” See James C. Carter?s work “ Law, Its Growth, Origin & Function.” … This fact clearly appears in the concise and very able opinion of Cardozo, J., writing for the court in the Klein case.

Teets v. Belcher

42 Misc. 3d 513 · New York Supreme Court · Nov 27, 2013

That holding, which also applies to erasures which appear on ballots, is consistent with established precedent. … In reality, under the Election Law and established precedent, as set forth above, neither statement is wholly correct.

Sheldon Hat Blocking Co. v. Eickmeyer Hat Blocking Co.

56 How. Pr. 70 · New York Supreme Court · Jul 15, 1878

The principal part of the negotiation was clearly intrusted to Finn. But the terms agreed upon were submitted to, *78 and were adopted by, his associates. … I do not think that any such value has been established, with respect to these patents, as to call upon a court of equity to invalidate the transfers.

Loma Holding Corp. v. Cripple Bush Realty Corp.

147 Misc. 655 · New York Supreme Court · May 22, 1933

The court merely held that a resale may be had where fraud is alleged, although the fraud may not be clearly established. The case cited in defendant’s memorandum at page 16 of Wallworth v. … The next sentence following qualifies the sentence quoted as follows: “ But while this is true, yet the facts of the case must come within some head of equity jurisprudence.”

Coffee v. Commissioner of Education

62 Misc. 2d 315 · New York Supreme Court · Feb 13, 1970

The court is aware of section 2010 of the Education Law which provides: ‘ ‘ The proceedings of no district meeting, annual or special, shall be held illegal for want of due notice to all the persons qualified to vote thereat … The burden of establishing such facts rests with the petitioner (e.g., Matter of District No. 8, Town of Chemung, 69 N. Y. St. Dept. Rep. 85). Thus, even assuming Mr.

People ex rel. Platt v. Rice

30 N.Y.S. 457 · New York Supreme Court · Sep 27, 1894

High public officials, charged with the performance of important public duties, are involved in this case; and, while no position can give to an official immunity for violation of his public official duty, still, when called … In that case it does not appear that the judgment or order appealed from was modified on appeal; but it establishes the proposition that the decision on appeal supersedes the order appealed from, and that the liability of

American League Baseball Club of Chicago v. Chase

86 Misc. 441 · New York Supreme Court · Jul 15, 1914

These two members shall * * * elect by a majority vote a suitable person as the third member. ’ ’ *447 It thus clearly appears that the player’s contract, together with the national agreement and the rules of the national … at the peril of losing any engagement. ’ ’ *465 If a baseball player like the defendant, who has made baseball" playing his profession and means of earning a livelihood, desires to be employed at the work for which he is qualified

People v. Reidout

140 Misc. 2d 632 · New York Supreme Court · May 26, 1988

On May 3, 1988 both children appeared before this court and, after a full hearing, were qualified, pursuant to CPL 60.20, to give sworn testimony. The murders took place on March 9-10, 1987. … Section 33.13 of the Mental Hygiene Law clearly cloaks the psychiatric treatment records of the stepson with a veil of confidentiality: "§ 33.13 Clinical records; confidentiality * * * "(c) Such information about patients

Gardner v. Downer

61 Misc. 2d 131 · New York Supreme Court · Oct 29, 1969

However, even using Fulling case language as a standard, plaintiff has failed to establish significant economic injury. … In fact, a reading of the figures at both trials establishes that traffic has diminished.

In re the City of New York

126 Misc. 879 · New York Supreme Court · Apr 13, 1926

Clearly this should not be adopted as an absolute or final test. … No evidence was offered by the city which would tend to establish that the claimants’ structure was illegally maintained.

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

New York Supreme Court · Dec 14, 2017

Void Ab Initio The Trustees allege that documentary evidence establishes that the Trust is void ab initio for at least two reasons. … "Materials that clearly qualify as documentary evidence include documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are essentially undeniable" (

Rose v. Merchants' Trust Co.

96 N.Y.S. 946 · New York Supreme Court · Sep 6, 1905

purchase from one Morhaus $100,000 of the bonds of the People’s Gaslight Company for $99,000 shares of the capital stock of the Chittenden Development Company, being its entire capital stock, less the 10 shares required to qualify … If it be true that “the question of affirmance depends upon circumstances,” a case could hardly be conceived where as between the parties to this action affirmance was more clearly negatived.

Rotanelli v. Westchester County Board of Elections

41 Misc. 3d 254 · New York Supreme Court · Aug 5, 2013

In supplemental briefing, Reeves argued that, pursuant to federal law, express mail must be presented to the post office “by the times authorized by the post master,” in order to qualify for next day *258 delivery. … AD2d 1136, 1136 [4th Dept 1978], affd 45 NY2d 799 [1978]), where the Fourth Department held: “Although the order to show cause initiating the proceeding served on appellant was not accompanied by the petition, the order clearly

People ex rel. Pennsylvania Railroad v. Wemple

29 Abb. N. Cas. 85 · New York Supreme Court · Jul 15, 1892

of section three of chapter 542 of the Laws of 1880, as amended by chapter 501 of the Laws of 1885, to the tax upon the amount of its capital •stock used in its business in this State, unless as such corporation it has immunity … The rule has long been settled, that when a taxing officer is charged with the duty of determining the amount of an assessment -for taxation, his determination will not be disturbed, unless clearly shown to have been erroneous

Paliotto v. Town of Islip

31 Misc. 2d 447 · New York Supreme Court · Jan 8, 1962

assessment roll of said town for an amount in excess of $1,000, and has been assessed and has paid taxes upon an assessment in excess of $1,000 within one year previous to the commencement of this action; thus plaintiff qualifies … McCaffrey in his book, Statutory Construction (p. 145), ‘ is that which refuses to expand the law by applications or equitable considerations, but confines its operation to cases which are clearly within the letter of the

Giventer v. Rementeria

184 Misc. 2d 744 · New York Supreme Court · Feb 18, 2000

Again, the jury awarded precisely what the testimony called for, the jury’s award clearly contemplated private therapies at home and cannot then be replaced by school therapies which are not equivalent in nature. … In light of all of the considerations set forth above, the trial courts of this State have repeatedly rejected claims by defendants that services available through the school may qualify as a collateral source.

In re Diurno

182 Misc. 2d 205 · New York Supreme Court · Sep 2, 1999

However, legislative enactments are entitled to a presumption of constitutionality and are not to be negated unless their constitutional invalidity is established beyond a reasonable doubt. … incapacitated person and acting as a fiduciary under mandatory, specific standards (see, Mental Hygiene Law § 81.20 [a] [1]-[3]; Law Rev Commn Comments, op. cit., Mental Hygiene Law § 81.20, at 368), is equally if not more qualified