Case law

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’.

Addington v. Allen

11 N.Y. 374 · New York Supreme Court · Dec 15, 1833

This action, if sustainable at all, was most clearly one in which smart money ought to be allowed. … established.

People v. Rodriguez

159 Misc. 2d 1065 · New York Supreme Court · Nov 5, 1993

The evidence in this case clearly indicates that the activity Mr. Rodriguez was engaged in does not satisfy the kind of "intimate” or "expressive” association that warrants constitutional protection. … The common-law right to peaceable assembly was further qualified with the advent of the first statute on unlawful assemblies, passed under the rule of Henry IV. (See, 13 Henry IV, ch 7, § 1 [1412].)

State v. Jason C.

51 Misc. 3d 553 · New York Supreme Court · Jan 22, 2016

Calkins explained that “predictive validity” can be important when establishing the validity of a diagnosis. … So all of this would help us really to establish that this diagnostic construct exists.” (Calkins tr at 604.)

Musgrave v. Sherwood

54 How. Pr. 338 · New York Supreme Court · Jan 15, 1878

That case clearly recognizes the distinction between the admission of some act, or the doing of some act, and a promise to act. … established.

McIntyre v. Costello

3 Silv. Sup. 221 · New York Supreme Court · Jul 9, 1889

He afterwards endeavored to qualify this statement by saying : w I represented both McIntyre and Mr. Ploeger; that is, I represented the person for whom Mr. … This case is clearly distinguishable from that of Rousseau v. Bleau, ante.

Indianapolis, Peru & Chicago Railroad v. Tyng

9 N.Y. Sup. Ct. 311 · New York Supreme Court · Jul 1, 1874

Judson is qualified, the injured party is not compelled to prove that the person making the representations knew them to be false. … It was for the purpose of demonstrating the object and design of the defendant, and the fraudulent devices which were resorted to, to accomplish them, and was clearly competent.

Silva v. Low

1 Johns. Cas. 184 · New York Supreme Court · Oct 15, 1799

There could, then, clearly have been no inception.of the voyage to' Falmouth, and. of course no deviation. … Blakes, (7 Term, 162;) have fully established these principles, and have put the question at rest in their courts.

Urban Soccer Inc. v. Royal Wine Corp.

New York Supreme Court · Aug 5, 2016

The Charter also establishes mandated time frames within which application review must take place. … Royal also contends that the Deposit does not qualify as a "security deposit" under § 7-103. Neither argument has merit.

Modjeska Sign Studios, Inc. v. Berle

87 Misc. 2d 600 · New York Supreme Court · Aug 4, 1976

Assuming for purposes of this motion that virtually all of plaintiffs signs would qualify for the payment of compensation under the provisions of section 88 of the Highway Law, the issue presented is whether the provisions … This would appear to clearly show a legislative intent to provide an amortization period as an alternative to the payment of compensation for pre-existing advertising signs in the Catskill Park.

Matter of Papakonstadinou (Gozzer Corp.)

New York Supreme Court · Jan 31, 2019

The papers submitted to Queens Supreme Court in support of plaintiffs' motion to enforce the alleged settlement agreements clearly referenced the predecessor oral agreement of July 2015 ( see Potter Opp. Aff., Ex. … Thus, by the time a receiver is appointed and qualified and has had the opportunity to examine the advisability of a sale of the Premises, it may be possible to have a ruling on dissolution in this proceeding, together with

Continental Securities Co. v. Belmont

75 Misc. 234 · New York Supreme Court · Jan 15, 1912

from the averments of the complaint.” *249 The individual defendants’ specific assignments of fatal ■deficiencies in the complaint as stated by themselves, are: The complaint, therefore, fails to state facts sufficient to qualify … I conceive the law to be, here, that the assent or acquiescence, and the estoppel established thereby, is a matter of defense, and the failure to negative it is not destructive of the complaint. Pollitz v. Gould, 202 N.

Harvey v. Guaranty Trust Co.

134 Misc. 417 · New York Supreme Court · Apr 24, 1929

The requirement that the trustee must record or file the mortgage seems to be clearly such a duty. … As to bond 242, this claim is clearly without merit, for the evidence establishes beyond dispute that said bond was one of twenty-five issued in 1896 to the plaintiff and one O’Brien as compensation for their services in

Paul T. v. South Huntington Union Free School District

49 Misc. 3d 231 · New York Supreme Court · Jun 16, 2015

Z.G. decision, the A.J. court quoted: “Neither party contests that ADHD and bipolar disorder could qualify as disabling conditions. … The finding of the SRO is clearly supported by a preponderance of the evidence.

In re Huie

22 Misc. 2d 1028 · New York Supreme Court · Sep 21, 1959

The testimony clearly establishes that prior to the diversion these claimants were using these waters in connection with their businesses and were not in any way restrained or restricted in such use. … This court, therefore, concludes that these claimants qualified as such pursuant to the aforesaid provisions of the Administrative Code of the City of New York and were therefore entitled to be awarded in damages the difference

President & Directors of the Manhattan Co. v. Janowitz

172 Misc. 290 · New York Supreme Court · Jul 11, 1939

Its execution by the donor and its subsequent delivery on the same day to the trustee are conclusively established. … The right of the wife under the Decedent Estate Law to take what would be in this case one-third of the estate absolutely in the event of intestacy, is qualified by the right of the husband to make a valid will.

Royce v. Rosasco

159 Misc. 236 · New York Supreme Court · Mar 25, 1936

These classifications are clearly defined. … Under our rules of evidence there are presumptions or inferences to be legally .inferred from established facts, but there are no presumptions used to establish the necessary facts from which legal inferences are to be drawn

Higbee v. Guardian Mutual Life Insurance

66 Barb. 462 · New York Supreme Court · Jan 7, 1873

Viewing the question and answer in this light, we do not see that there was any sufficient evidence to establish the falsity of the representation. … These provisions clearly make the application a part of the policy itself; and the representations in the answers to the questions contained in it, warranties.

Doe v. Roe

93 Misc. 2d 201 · New York Supreme Court · Nov 21, 1977

I do not consider myself qualified to determine the contribution which this book may have made to the science or art of psychiatry. … The plaintiff clearly had a meritorious cause of action and we encourage her to assert her rights.

Barton v. New York City Commission on Human Rights

140 Misc. 2d 554 · New York Supreme Court · Jul 10, 1988

Commission) was justified in finding that a dentist engaged in discriminatory practices when he terminated an agreement with another dentist to whom he leased operatory space because the latter treated patients with Acquired Immune … It is well established that the Commission has broad power to fashion legal remedies under section 8-109 (2) (c) of the Administrative Code (300 Gramatan Ave.