Case law

O'Reilly-Morshead v. O'Reilly-Morshead

50 Misc. 3d 402 · New York Supreme Court · Oct 23, 2015

It would seem to escape the designation as “amorphous” and might qualify as the type of express agreement that Morone v Morone permits to be heard in the New York courts. … The Canadian marriage between this same-sex couple is clearly recognized in New York. (Martinez v County of Monroe, 50 AD3d 189, 192 [4th Dept 2008].) .

Brennan Center for Justice v. New York State Board of Elections

52 Misc. 3d 246 · New York Supreme Court · Mar 16, 2016

Respondent further argues petitioners are without the power to compel respondent to perform an official duty clearly imposed by law and involving no exercise of discretion. … The two-part test for determining standing is well-established under New York law.

People v. Watson

14 Misc. 3d 942 · New York Supreme Court · Jan 2, 2007

The Court added, however, that in the case before it, the “record'd statement, knowingly given in response to structured police questioning, qualifie[d] under any conceivable definition.” (Id.) B. … Under the circumstances, Alexander’s response, describing the crime in detail, was clearly offered for the purpose of aiding the police in compiling evidence for use in a prosecu *962 tion.

Davidge v. Wiggins

137 N.Y.S. 127 · New York Supreme Court · Aug 30, 1912

either of my said daughters leaving a minor child or children, to whom any portion of my estate is made payable, by the terms hereof, I expressly charge my executors and trustees to see that proper persons are appointed and qualified … The provisions of the will relative to the establishment of the trust are therefore clearly violative of the statute against the unlawful suspension of the power of alienation and ownership of property.

Ernst v. Hudson River Railroad

3 Abb. Pr. 82 · New York Supreme Court · Jun 15, 1866

If there is any conflict in the evidence going to establish any of the circumstances upon which the question depends, it must be left to the jury. … Suits and appeals multiply in the constantly increasing ratio of reckless injuries, which nothing could tend more to encourage than this *107 theory of immunity from civil damages, on the assumption, as matter of law, that

Urban Soccer Inc. v. Royal Wine Corp.

53 Misc. 3d 448 · 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 section 7-103.

Weiner v. Weiner

27 Misc. 3d 1111 · New York Supreme Court · Apr 5, 2010

While defendant went on at great length about the joys of seeing deer and wild turkeys on the front lawn, as well as being able to witness the spectacle of the autumn colors, he seemed immune to the notion that deer and turkeys … Clearly, there is something wrong with plaintiff having to give money to defendant so that he can then turn around and use that money to cause her fear and suffering.

People v. Nikollaj

155 Misc. 2d 642 · New York Supreme Court · Sep 16, 1992

Consequently, the Court held that it did not qualify as a duplicative equivalent. The Appellate Division has also refined the duplicative equivalent exception to the Rosario rule. … Accordingly, the defendant in this case need not establish that he was prejudiced by the failure to turn over the Rosario material.

Coats v. People

4 Park. Cr. 662 · New York Supreme Court · Mar 15, 1860

The next proposition to be affirmatively established by the People’s proof, is this: Has the crime charged in the indictment been committed ? … It should establish the guilt so clearly, that a reasonable supposition of innocence would be wholly inconsistent with it.

In re the Indenture of Trust Made by Balsam

58 Misc. 2d 672 · New York Supreme Court · Dec 12, 1968

Broad Street has qualified as an open-end regulated investment company, having registered under the provisions of the Investment Company Act of 1940, as amended (U. S. Code, tit. 15, § 80a-l et seq.). … I find that the Legislature clearly intended that the judicial rule in effect at the time of the enactment of subdivisions 7 and 13 of section 27-e of the Personal Property Law (now EPTL 11-2.1, subd.

Humphreys v. Hurtt

50 How. Pr. 291 · New York Supreme Court · Jun 15, 1875

delivered or received papers in supposed furtherance of it, but with knowledge of a mistake made in his favor, which he conceals, then, equity will reform the contract or give relief to the other party, if the mistake is clearly … I will refer to some main facts that seem conclusively established.

Litwin v. Maddux

7 Misc. 2d 750 · New York Supreme Court · Jun 28, 1957

Under the nom de plume “ Harry Woodbourne ”, plaintiff authored a 310-page book of prose and poetry, with illustrations, dealing with gardening in such an erudite, inspirational and practical approach as to qualify it as … The court has gone to considerable lengths to comment on the contents of both of these books, as well as upon the inspirational attributes of horticulture and Nature in general, from which it is clearly apparent that the

Milligan v. Brooklyn Warehouse & Storage Co.

34 Misc. 55 · New York Supreme Court · Feb 15, 1901

Warren ( 3 Hill, 348 ), “ an exception in favor of * * * a bona fide purchaser from the wrongdoer has found its way into the books ”, and “ however discordant it be with established principles, it may, at least in this state … The statements that may be found here and there to the contrary were clearly inadvertent (Bernstein v. Warland, 33 Misc. Rep. 280 ).

Moreta v. Cestero

32 Misc. 3d 563 · New York Supreme Court · May 4, 2011

On the contrary, the federal law which establishes the Section 8 program, the Housing and Community Development Act of 1974, and the implementing federal regulations, describe the beneficiaries of the program as “families … The record also includes six pay stubs for Johanna for the period prior to the termination of the subsidy, showing that Johanna qualifies as a low-income wage earner. (Id., exhibit H.)

Russell v. Mayor of New-York

2 Denio 461 · New York Supreme Court · Dec 15, 1845

By the common law, it is left to be exercised at the peril, and upon the personal accountability of him who shall resort to it. nromisinghim no other reliance or dependence for immunity, than the verdict of his peers, to … If the property in question was taken in the exercise of this right, it clearly establishes the right- to recover.

DeBlasio v. City of New York

24 Misc. 3d 789 · New York Supreme Court · Apr 13, 2009

Given such possible interpretations, the term is clearly ambiguous, as found by both Justice Richter and the First Department in McGarrigle. … Here, the amended petition clearly asserts that NYCERS actions violated article V, § 7 of the New York State Constitution.

In re Estate of Prout

3 Silv. Sup. 170 · New York Supreme Court · Jul 9, 1889

This was clearly recognized by the legislature in the passage of the act of 1889. … There are three ways, outside of the marital relations, by which, for the purpose of this statute, the parental relation may be established. 1. .

Blyn v. Bartlett

84 Misc. 2d 394 · New York Supreme Court · Nov 13, 1975

with the necessary physical facilities, books and supplies and clerical and legal assistance, that will permit maximum concentration on judi *403 cial functions * * * Clerical, stenographic and legal assistants should be qualified … Clearly, the full implementation of the presently projected reduction in court programs and personnel would be devastating and it has yet to be established that these reductions represent a fair allocation of available funds

Mangione v. Jacobs

37 Misc. 3d 711 · New York Supreme Court · Jul 31, 2012

Those IMEs clearly had nothing to do with the IMEs required to determine any claim of “serious injury” under the Insurance Law, since defense counsel in 2011 and 2012 were frustrated in getting IMEs by plaintiffs repeated … immunity]; Kronisch v United States, 150 F3d 112, 125-128 [2d Cir 1998] [same; “(A)t the margin, where the innocent party has produced some (not insubstantial) evidence in support of his claim, the intentional destruction

Association for a Better Long Island, Inc. v. New York State Department of Environmental Conservation

35 Misc. 3d 786 · New York Supreme Court · Dec 1, 2011

However, even if his status as a managing member of M-GBC, LLC was deemed sufficient to qualify as a property owner, consistent with the foregoing, the court would find that he suffered no actual concrete injury different … Very clearly, the thrust of the petition is a challenge to respondents’ authority to adopt part 182, a nonfiscal activity.