Case law

People v. Tookes

52 Misc. 3d 956 · New York Supreme Court · Jun 8, 2016

In the instant case, the first question is whether the defendants’ motions qualify as applications for “resentencing.” Mr. Tookes and Mr. … There are clearly many state prison inmates who would present a more compelling case for such relief. But this court does not have any such choice to make here.

New York State Labor Relations Board v. Wags Transportation System, Inc.

16 Misc. 2d 800 · New York Supreme Court · Mar 25, 1954

The issue here is clearly one of jurisdiction. The dispute and actions from which the charges stem occurred in 1948. … The first element is clearly established by the record and the factual recital here more than adequately meets the second factor set down by the National Board for jurisdictional interference.

Manier v. Phelps

15 Abb. N. Cas. 123 · New York Supreme Court · Jul 15, 1884

Phelps as executor and executrix of said will, who thereupon duly qualified as such, and entered upon their duties. … legacy or distributive share is ordered to be paid, will, within two years thereafter be within the reach of the executor or administrator so as to receive payment of his share in the funds of the estate, the procedure established

People ex rel. Croker v. Sturgis

39 Misc. 448 · New York Supreme Court · Dec 15, 1902

Mor is there any force to the contention that the respondent was not qualified to act. The question here is not as to the propriety of his acting under all the circumstances of the case. … Where the question of guilt is dependent on the resolution of conflicting questions of fact, and clearly established animus or prejudice may have determined or probably did control which way the conflict should be or was

Smith v. Maine

145 Misc. 521 · New York Supreme Court · Jul 30, 1932

Farrell, supra.) (6) Where the testimony claimed to establish a partnership agreement is lacking in probity and weight and the circumstances are clearly against the probability of its existence, the court’s credulity would … In relation to Miss Smith’s relevant testimony, while plaintiff did, indeed, deny that any such conversation occurred, she qualified, and to my mind weakened her denial by stating that it was a “ surface conversation ” and

Dooley v. Boyle

140 Misc. 2d 177 · New York Supreme Court · Jun 6, 1988

However, recognizing the difficulties of employing a highly qualified Sheriff who must be both a self-insurer and liable for possibly onerous legal fees in defense of job-related litigation prompted the Suffolk Legislature … As Sheriff, Dooley is clearly without the exception set forth in County Law § 501 (2) (as precluded by Public Officers Law § 18) and is not entitled to private counsel at county expense pursuant to that statute.

S.B. v. J.R.

43 Misc. 3d 171 · New York Supreme Court · Nov 19, 2013

The parents clearly intended to garner every possible source of assistance in paying for college. … In general, financially capable parents should contribute to the higher education of children who are qualified students.”

Oties v. Cowles Electric Smelting Co.

4 Silv. Sup. 274 · New York Supreme Court · Oct 19, 1889

The question whether more than three guys were necessary for the safe and proper erection and support of the derrick was clearly presented by the evidence and we must assume, since the charge of the court is not contained … It Avas competent to show by the evidence of experts what was a safe and proper mode of erecting and supporting the mast; and the question whether a witness is qualified to-testify as an expert is usually a question of fact

People v. Kacer

113 Misc. 2d 338 · New York Supreme Court · Mar 26, 1982

Prior to 1965 and certain amendments to the Penal Law, it was quite well established in New York that the crimes of extortion and bribery were mutually exclusive. … Indeed, threats can be made and clearly understood without verbal communication.” (People v Court, 52 AD2d 891, 892 , affd 43 NY2d 817 ; accord People v Thompson, 97 NY 313 .)

La Beau v. People

33 How. Pr. 66 · New York Supreme Court · Oct 15, 1855

The evidence proposed to be given by the witness Seguin, was clearly improper for the purpose of general impeachment. … Still, a rule should not be established which will leave a witness wholly at the mercy of a party or his counsel.

People v. Halle

57 Misc. 3d 335 · New York Supreme Court · Jun 12, 2017

) (v)\; see also People v Perri, 72 AD2d 106, 110, 112 [2d Dept 1980], affd 53 NY2d 957 [1981] [defendant could not be compelled by subpoena to appear before grand jury to provide handwriting exemplar without conferring immunity … The three requirements enumerated in Abe A. are clearly designed to ensure that any such request satisfies the requirement that there be probable cause for engaging in a reasonable seizure of the defendants’ bodily material—a

Porter v. Avlis Contracting Corp.

86 Misc. 235 · New York Supreme Court · Feb 11, 1976

Herman relies on the principle of law enunciated in Thompson-Starrett Co. v Otis Elevator Co. ( 271 NY 36, 41 ), as follows: "It is a general rule long established that contracts will not be construed to indemnify a person … The fact that these wires did not become a permanent part of the structure itself and were only temporary in nature does not alter their primary function or purpose, and does not qualify them as a device for the use of employees

Consolidated Edison Co. of New York, Inc. v. City of New Rochelle

136 Misc. 2d 505 · New York Supreme Court · Jul 17, 1987

establishes that the legislature intended to create a new right, at least for some customers.” … The operation, maintenance and replacement of facilities must be performed safely by qualified personnel.

Banco Nacional Ultramarino, S. A. v. Chan

169 Misc. 2d 182 · New York Supreme Court · Mar 14, 1996

BNU is seeking money damages and Money Center admits it "is a foreign corporation not qualified to do business in the state”. (CPLR 6201 [1].) … It is sufficient that plaintiff plead and establish that defendant used plaintiffs property without right or title thereto. (Pokoik v Gittens, supra.)

435 Central Park West Tenant Ass'n v. Park Front Apartments, LLC

56 Misc. 3d 772 · New York Supreme Court · Jul 24, 2017

[“In order to preempt state authority, the REA must establish rules with the force of law. . . . … “The initial question is whether or not the statute clearly and unambiguously prohibits the practices of which the plaintiffs complain.

J.P. Morgan Sec. Inc. v. Vigilant Ins. Co.

New York Supreme Court · Apr 17, 2017

The inclusion of the qualifying phrase "in fact" makes clear that the parties did not intend for coverage to be excluded under any circumstances merely because Bear Stearns obtained some benefit, but rather intended that … Thus, "even if the evidence establishes as a matter of law that the insured has formed a subjective belief that a suit may ensue based upon some ... misconduct, that does not alone establish the existence of objective facts

Caldwell v. National Mohawk Valley Bank

64 Barb. 333 · New York Supreme Court · Oct 5, 1869

It wa$ important evidence to establish the fact that this kind of business was openly and frequently done by the cashier, apparently on behalf of the bank; and the-evidence was important to enable the jury to determine whether … This was a business outside of his agency, for which he was no more qualified to act than the corporation of which he was the cashier.

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

30 Misc. 3d 616 · New York Supreme Court · Nov 9, 2010

It does appear that such failure would qualify as an event of default for which a notice to cure is required under a catchall provision for not otherwise specified defaults. (§ 17.1 [r].) … As the Court also held, ESDC’s choice of the build year is not immune to judicial review.

Robertson v. Bullions

9 Barb. 64 · New York Supreme Court · Jul 1, 1850

Lord Meadowbank said, “ I take it to be clearly and finally settled that a trust may be legally established, and a civil right created, for behoof of a body of dissenting Christians professing certain tenets, and agreeing … But, in this case, the trust is so clearly and fully established, that neither a majority of the corporators, nor the trustees, have a right to divert the fund from the object to which it was originally dedicated, and has

Tebbetts & Pearce v. Dowd

23 Wend. 379 · New York Supreme Court · May 15, 1840

The learned judge goes farther, and materially qualifies that case on the only point decided by it. … The East India Company, 3 East, 193, 201; but does not appear to be completely established. Vid. 1 Phil.