Case law

Hooker v. Townsend

1 How. Pr. (n.s.) 107 · New York Supreme Court · Feb 15, 1884

The defendant, I must hold from the evidence, clearly knew the character of the instruments which he was executing. … Martin qualified or was approved as a surety. That on September 10, 1875, Howard A.

People v. Waldron

17 Misc. 3d 509 · New York Supreme Court · Aug 24, 2007

of these holdings, the Court of Appeals announced in Policano v Herbert ( 7 NY3d 588, 601 [2006]) “In short, it is now clear that under New York law ‘a one-on-one shooting or knifing (or similar killing) can almost never qualify … also, People v Fields, 37 AD3d 733 [2d Dept 2007], lv denied 9 NY3d 843 [2007] [firing of a single shot through a doorway window, knowing that there were three people moving about on the other side of that doorway, was clearly

Staten Island Edison Corp. v. Moore

6 Misc. 2d 1031 · New York Supreme Court · Dec 19, 1955

This witness testified that the 15% depreciation allowed by the State Board was “ clearly inadequate ” and was “inadequate for that purpose ”. … J., Feb. 19, 1952, p. 686, col. 1, supra), are clearly not present.

Temple v. People

4 Lans. 119 · New York Supreme Court · Mar 15, 1871

To qualify themselves for the fun, some of them drank three or four times at Thnrber’s, in Gaines, and,- as the witness who sold the liquor thinks, some of them were intoxicated. … If they were made near the time of *130 the homicide, they would be admissible as part of the res gestee under the well-established rules of evidence.

Jamil v. Village of Scarsdale Planning Board

4 Misc. 3d 642 · New York Supreme Court · Jun 8, 2004

Van de Water, the building inspector stated that the ALF would qualify as a permitted use, because it would serve a proposed population which “is the same as would have occupied a nursing home prior to the development of … The record clearly shows that the Planning Board identified the relevant areas of environmental concern, took a hard look at them, and made a reasoned elaboration of the basis of its determination (see e.g., Matter of Save

Lawrence v. Cooke

39 N.Y. Sup. Ct. 126 · New York Supreme Court · Mar 15, 1884

And this view was predicated of certain American cases which, as he thought, established the rule by which he was to be governed. … And a statute of this State has clearly enjoined the same obligation upon the courts (2 R. S. [6th ed.] 1131, § 2).

People v. Reynolds

174 Misc. 2d 812 · New York Supreme Court · May 5, 1997

Clearly, the scheme to defraud statute is not limited. 2. … It is the defense contention that the two distinct statutory intents, although written in the disjunctive, must be read in such a manner that both intents are "modified by the qualifying phrase 'by false or fraudulent pretenses

People v. Estrada

44 Misc. 2d 452 · New York Supreme Court · Nov 9, 1964

It has been established (by my finding as well as Judge Sohor’s) that the narcotics in issue were obtained from Puceio as a result of an unreasonable search. … Pro., rule 41-e) when it stated (p. 261): “In order to qualify as a ‘ person aggrieved by an unlawful seizure ’ one must have been the victim of a search or seizure, one against whom the search was directed, as distinguished

Willson & Adams Co. v. Pearce

135 Misc. 426 · New York Supreme Court · Aug 10, 1929

Many of the concerns have been established for years. The good will and business of each plaintiff constitutes a valuable asset. Each plaintiff employs nonunion drivers (chauffeurs or teamsters), helpers, and yardmen. … It is charged by the plaintiffs and denied — in some instances in a qualified way — by defendants (1) that the council, acting for all defendants and union members, has called strikes of all trades of building operations

People ex rel. Stemmler v. McGuire

9 N.Y. Sup. Ct. 269 · New York Supreme Court · Jul 1, 1874

The policy of the law, on the other hand, is to sustain them, unless the injustice of doing so is clearly made to appear. … Iniquity of this nature is entitled to no snch immunity.

Held v. Hall

190 Misc. 2d 444 · New York Supreme Court · Jan 29, 2002

in this state that a police officer is a public officer (see, Canteline v McClellan, 282 NY 166, 170 [1940] [for purpose of determining whether police officer plaintiffs could be penalized for refusing to sign waiver of immunity … Clearly, where the lawsuit and this motion were filed prior to the date that defendant began exercising his full powers as a member of the County Board, it cannot be concluded that their delay constitutes either a waiver

Yates v. People

6 Johns. 337 · New York Supreme Court · Feb 15, 1810

The remainder of the article qualifies and restricts the exercise of this judicial power by the chancellor and judges, in certain specified cases. … But, admitting that it is not a technical judgment, yet it clearly comes within the definition of Coke: it is an award in nature of a judgment.

Loubat v. Le Roy

47 N.Y. Sup. Ct. 546 · New York Supreme Court · May 15, 1886

This was done upon the facts submitted for the consideration of these members of the committee, and the resolution which they adopted conclusively establishes the fact that they had formed and acted upon convictions adverse … No other part of the constitution has referred to or qualified it in any manner whatever, and the protection intended to be afforded by it should not be cut down or reduced by the further direction as to the number of members

People ex rel. Krohn v. Miller

46 N.Y. Sup. Ct. 557 · New York Supreme Court · Mar 15, 1886

But as to the corporation and the other members of the exchange the rule should be difierent, as it clearly is so far as by-laws apply to shares of stock owned in a private corporation. … As the case upon the facts has been presented he is a member in good standing, possessing all the immunities pertaining to that relation, with the other members as well as the corporation itself.

Oriental Boulevard Co. v. Heller

58 Misc. 2d 920 · New York Supreme Court · Jan 27, 1969

Before proceeding to a determination of the constitutionality of the law, it behooves us to restate certain well-established rules of law governing the determination of any challenge addressed to the constitutional validity … The discretionary authority with which the Commissioner is invested is to be read within the context of the clearly defined objectives and the specific requirements of the law.

Doe v. Roe, Inc.

143 Misc. 2d 156 · New York Supreme Court · Mar 29, 1989

Although these cases involve public employers and differ materially from the facts in this case, both Perez and Moxley clearly establish that drug abuse alone cannot automatically disqualify a job applicant or serve as a … seeking treatment is consistent with sections 503 and 504 of the Federal Rehabilitation Act ( 29 USC §§ 793 , 794) which prevents an employer receiving Federal financial assistance from discriminating against an "otherwise qualified

Brokopp v. Sturz

133 Misc. 2d 273 · New York Supreme Court · Jul 15, 1986

.; L 1974, ch 576, § 4, as amended) to buildings occupied by residential tenants qualified for protection of the Loft Law upon a "declaration of emergency by the local legislative body.” … While the failure to include such application requirements in the express language of the Loft Law does not in itself bar the Zoning Resolution which imposes such a requirement, clearly tenants are entitled to adequate notice

Starr v. Child

20 Wend. 149 · New York Supreme Court · Oct 15, 1838

Alienations were originally made without writing | and where they have *166 been made by deed, it must often happen that the instrument cannot be produced for the purpose of establishing boundaries. … The presumption in favor of the riparian owner is only indulged in the absence of any direct evidence of his boundary; it is never used for the purpose of enlarging, qualifying or in any way affecting his written muniments

Fried v. City of New York

35 Misc. 3d 601 · New York Supreme Court · Feb 29, 2012

It is clearly a preferred practice for the parties to include DSS in any settlement negotiations in lieu of settling a case and then *570 holding an allocation hearing. … Here, the City did not expressly so qualify its offer.

Hearst Corp. v. State

24 Misc. 3d 611 · New York Supreme Court · Apr 16, 2009

Further, petitioners contend that respondents’ evidentiary showing falls short of establishing that the information sought to be withheld qualifies for trade secret status under New York law. 13 *631 The court is satisfied … support the agency’s interpretation of the FOIL request as requiring the production of the requested data in its most useful form. 15 The issues of precisely what petitioners were seeking and how it could be provided to them clearly