Case law

Mayerson v. DeBuono

181 Misc. 2d 55 · New York Supreme Court · Jan 6, 1999

As related to the issue of a fees award, the court therein stated: “While it is undisputed that paralegal work may qualify for fee shifting awards, no such payment can be awarded to plaintiff for his own work as a paralegal … Clearly, the issues involved in a proceeding related to the special educational needs of a disabled child are legally and factually complex and emotionally charged.

People v. Dennis

53 Misc. 3d 255 · New York Supreme Court · Jul 18, 2016

established Federal law, as determined by the Supreme Court of the United States.” … As the People argue, “counsel’s lack of clairvoyance” cannot establish ineffectiveness. (Id.)

Manke v. People

24 N.Y. Sup. Ct. 410 · New York Supreme Court · Apr 15, 1879

The bill of exceptions does not set out the substance or purport of all the evidence which was relied on by the prosecution, as tending to establish that the prisoner was the person who committed the homicide. … We concede that the question just discussed lies very near the line which divides cases in which opinions are competent to be given in evidence from those which are clearly inadmissible.

Siegel v. Garibaldi

56 Misc. 3d 500 · New York Supreme Court · Sep 13, 2016

(See Macchirole v Giamboi, 97 NY2d 147, 150 [2001] [“Workers’ compensation qualifies as an exclusive remedy when both the plaintiff and the defendant are acting within the scope of their employment, as coemployees, at the … He was on campus and traveling on Campus Drive; the accident very clearly occurred on the employer’s premises.

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

15 Misc. 3d 196 · New York Supreme Court · Jan 23, 2007

One requirement to qualify for such an exception is that the mortgage “contains the covenant required by subdivision three hereof’ (Lien Law § 13 [2]). … “[I]t is a firmly established principle that a property owner who contracts with a general contractor does not become liable to a subcontractor on a quasi-contract theory unless it expressly consents to pay for the subcontractor

People v. Mather

4 Wend. 229 · New York Supreme Court · May 15, 1830

to establish that of a conspiracy. … not established.

Robida v. Mirrington

1 Misc. 2d 968 · New York Supreme Court · Feb 27, 1956

Eobida’s alleged retirement was not an unqualified act intending to constitute a waiver and abandonment of his rights under section 207-a of the General Municipal Law, but a qualified act, contingent upon the agreement of … Under the provisions of section 112-f of the Civil Practice Act, he may have such relief upon a proper showing of facts, *977 which as stated herein, I find and decide, he has established.

Spec Simple, Inc. v. Designer Pages Online LLC

56 Misc. 3d 700 · New York Supreme Court · May 10, 2017

If Congress wants to incorporate misappropriation liability into the CFAA, it must speak more clearly.’ Id. at 863 .” (Facebook, 844 F3d at 1066-1067 .) … The First Department has held that a database that meets the criteria set forth in Ashland may qualify for trade secret protection. (Invesco Inst. [N.A.], Inc. v Deutsche Inv. Mgt.

Acacia Invs., B.S.C.(C) v. West End Equity I, Ltd.

66 Misc. 3d 1224A · New York Supreme Court · Feb 18, 2020

The argument however inappropriately conflates two different issues: immunity and standing. Del. Code Ann. … Randeree's role in DCD and the AION Entities is, at minimum, clearly disputed. At this stage of the proceedings, the court declines to dismiss Mr.

Connecticut Mutual Life Insurance v. Moore

187 Misc. 1004 · New York Supreme Court · Sep 30, 1946

The situs of.the claims of depositors against the Massachusetts savings bank was clearly in Massachusetts where the deposits were made and payáble. Brooklyn Borough Gas Co. v. … Y. 339, 348 ) the statement that foreign corporations doing business here “ must be regarded as domiciled by the residence of its general agents and its local organization ” was qualified by the preceding words “ As to the

Gifford v. Livingston

2 Denio 380 · New York Supreme Court · Dec 15, 1845

believing that the associations authorized by the general banking law were in fact corporations; that is, that they undoubtedly belonged to the class of artificial but organized bodies, capable of holding property, rights and immunities … The deliberate and well established principles of the common law are sacred to every true friend of civil liberty.

In re Carey

45 Misc. 3d 187 · New York Supreme Court · Apr 24, 2014

Whether the Court Should Establish a Procedure for Affected Persons to Review the Redacted Version of the Report before Publication The Attorney General asks this court to establish and supervise a procedure whereby persons … This court declines the invitation to establish and supervise such a judicial procedure.

Schermerhorn v. American Life Insurance & Trust Co.

14 Barb. 131 · New York Supreme Court · Sep 6, 1852

Owen, ( 2 Peters, 536 ,) controvert or qualify the principle of the above proposition. … In the first place it is clearly proved that, at the time of the application of Mi’.

Macauley v. Palmer

3 Silv. Sup. 245 · New York Supreme Court · Jul 9, 1888

It cannot be denied that a loan may be made to a firm on conditions by which the lenders may secure a limited or qualified interest in certain profits of the firm, without making them partners in its general business. … There have been from time to time certain exceptions established to this rule.

In re the Assessment of the Cost & Expense of the Laying of Sewers

134 Misc. 810 · New York Supreme Court · Sep 27, 1929

The language “ within the district of assessment, designated in the said ordinance ” clearly implies that the ordinance authorizing the improvement should contain the district of assessment. … the statutes are not objectionable as authorizing the taking of property without due process of law in contravention of the prohibition contained in the state and federal constitutions, or as abridging the privileges and immunities

Kudrov v. Kudrov

12 Misc. 3d 205 · New York Supreme Court · Jul 5, 2005

Bernier (who was also the attorney that prepared the agreement), establishes the validity of the agreement pursuant to Real Property Law § 304. … The agreement in this case was clearly subscribed by both parties and ultimately reduced to the form of a judgment through incorporation of its terms.

In re the Acquisition of Real Property by the Village of Marathon

174 Misc. 2d 800 · New York Supreme Court · Jul 11, 1997

Clearly, the presence of potable water on the subject was the instigating factor for the taking. … The claimant has failed to establish through Peatfield’s appraisal that he is entitled to an estimated enhancement for the potential potable water supply. The court has viewed the subject property.

Matlick v. Amtrust Fin. Servs., Inc.

New York Supreme Court · Mar 16, 2020

Plan explained that GE had registered the offering of GE shares through the plan with the US Securities and Exchange Commission pursuant to the 1933 Act, this court held the fact that the security may be historic does not immunize … In rejecting the defendants' position, this court held that, under the circumstances, the plan administrator should not be regarded as separate from GE and that GE qualified as a statutory seller ( In re Morgan Stanly Info

People v. Cook

14 Barb. 259 · New York Supreme Court · Sep 14, 1852

These objections are of a two-fold character, extending to the regularity or legality of their appointment, and of their omission to qualify, by taking the proper oath of office. … The evidence was clearly sufficient to establish, prima facie, that no other man by the name of Welch, except Benjamin Welch, jr. of Buffalo, was a candidate for the office of state treasurer; and without evidence to rebut

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