Case law

McDaniel v. 162 Columbia Heights Housing Corp.

25 Misc. 3d 1024 · New York Supreme Court · Sep 29, 2009

A de facto right or “beneficial interest” in title to the garden apartment is not, however, established. … Thus, it is established that a market exists for the shares, irrespective of the taint of litigation.

People v. Macklowitz

135 Misc. 2d 232 · New York Supreme Court · Apr 24, 1987

were reported in a regular, methodical manner in the regular course of Buccafusco’s business, and that it was in the regular course of his business to make such entries). *245 Thus, the ledger books and computer records qualify … Clearly, if the sum total of evidence presented to the Grand Jury against Macklowitz were Giammarino’s testimony and records prepared by Giammarino, then the records, although admissible, would not suffice to corroborate

Kings County Lighting Co. v. Lewis

110 Misc. 204 · New York Supreme Court · Jan 15, 1920

In fact the transaction was clearly an ■ arbitrary new book value of the properties through the medium of a new corporation apparently organized for that express purpose. … It is thus clearly established that since the inception of the plaintiff it has realized a substantial income *218 and has been fully compensated for the expenses incurred in developing its business and that it would therefore

Town of Huntington v. Long Is. Power Auth.

60 Misc. 3d 1222A · New York Supreme Court · Aug 16, 2018

[FN18] In any event, the court finds that the plaintiff has failed to establish its promissory-estoppel claim as a matter of law. … The plaintiff has failed to establish that its reliance on § 21.16 was reasonable.

People v. Hudson

26 Misc. 3d 384 · New York Supreme Court · Sep 29, 2009

In Medina (supra), the prosecutor belatedly realized that the defendant’s prior felony qualified as a predicate felony despite the passage of time between his felony convictions. … Wampler ( 298 US 460 [1936]), the Second Circuit held that Earley’s constitutional rights had been violated by DOCS procedure because “The judgment of the court establishes a defendant’s sentence, and that sentence may not

Board of Educ. of the Northport-E. Northport Union Free Sch. Dist. v. Long Is. Power Auth.

60 Misc. 3d 1222A · New York Supreme Court · Aug 15, 2018

[FN19] In any event, the court finds that the plaintiffs have failed to establish their promissory-estoppel claim as a matter of law. … The plaintiffs have failed to establish that their reliance on § 21.16 was reasonable.

Comstock v. City of Syracuse

5 N.Y.S. 874 · New York Supreme Court · Jun 16, 1889

I am therefore clearly of the opinion that said eighteenth section was not in conflict with the provision of the constitution, and that the same is a valid legislative enactment. … This portion of said section is now in full force, except so far only as qualified by the amendment of 1884.

Alamo v. Strohm

145 Misc. 2d 810 · New York Supreme Court · Aug 22, 1989

The Board may, in the alternative, on its own motion, commence a cancellation proceeding "[w]henever the board has reason to believe that a registered voter is no longer qualified to vote”. (Election Law § 5-402 [2].) … The 1973 Legislature which added the language now in Election Law § 5-106 (5) (L 1973, ch 679) clearly knew the meaning of the Penal Law adopted eight years before.

People v. Arthur

175 Misc. 2d 742 · New York Supreme Court · Nov 14, 1997

Aggravating factors, with two limited exceptions (see, CPL 400.27 [7] [a], [b]), must be established at trial and, once established, may not be relitigated at the sentencing proceeding. (CPL 400.27 [3].) … Such evidence, if favorable to defendant, clearly comes within the sweep of Brady (supra) and must be disclosed with other Brady material.

In re Gilchrist

130 Misc. 456 · New York Supreme Court · Sep 15, 1927

Law, which is entitled “ Practice before the Commission; Immunity of Witnesses,” states that “ in *465 all investigations ” the Commission “ shall not be bound by the technical rules of evidence.” … If we qualify the statement and say only, legitimately influence the mind of the commission in the opinion of the court called in aid, still it will be seen that the power, if it exists, is unparalleled in its vague extent

Piccarreto v. Mura

41 Misc. 3d 295 · New York Supreme Court · Jul 3, 2013

real or personal property, under the theory advanced by the wife in this matter, the attorney for the recipient would receive nothing from the collected funds because the entire amount recovered would be “child support” immune … The attorney in this case clearly seeks a money judgment from the wife who does not seriously dispute the attorney’s claim for fees.

Lemme v. Dolan

146 Misc. 2d 817 · New York Supreme Court · Feb 9, 1990

of premises located at 207 Lark Street in the City of Albany, New York, in the Center Square/ Hudson Park Historic District, which is subject to the jurisdiction of the Historic Review Commission of the City of Albany, established … The Commission may require the applicant to provide an independent structural evaluation by a qualified structural engineer.” (Emphasis added.)

Stewart v. New York City Transit Authority

56 Misc. 3d 611 · New York Supreme Court · Nov 10, 2015

Accordingly, acceleration of the judgment pursuant to CPLR 5044 was clearly warranted” (Summerville v City of New York, 282 AD2d 519 , 521 [2d *622 Dept 2001], revd 97 NY2d 427 [2002]). … Important and relevant for purposes of the motion before this court, the Court of Appeals explained that untimeliness was never established under CPLR 5044.

Ficic v. State Farm Fire & Casualty Co.

9 Misc. 3d 793 · New York Supreme Court · Apr 1, 2005

Expert witnesses must be qualified by their education, training, skill, experience, or knowledge. They should also give *799 opinions which are helpful and beyond the scope of ordinary knowledge of the jury. … Such an invalid and clearly erroneous expert opinion, not recognized by the expert’s peers, misled the jury into making an irrational decision that a suspicious fire is proof of an intentionally set fire.

Angiolillo v. Christie's, Inc.

New York Supreme Court · Apr 26, 2019

The defendants' attempt to immunize an otherwise unlawful conversion by, essentially, passing the allegedly converted item through Switzerland is inappropriate. … While the term "good cause" is not defined, any sealing order "should be clearly predicated upon a sound basis or legitimate need to take judicial action" ( Gryphon Dom. VI, LLC v APP Intl. Fin.

Entergy Nuclear Operations, Inc. v. New York State Department of State

42 Misc. 3d 896 · New York Supreme Court · Dec 13, 2013

Second, petitioners seek a declaration that IP2 and IP3 qualify as “grandfathered” under the CMP and thus, are not subject to federal consistency review (second cause of action). … As stated, the CZMA expressly provides that license renewals are subject to consistency review and the CMP clearly announces that the State intends to participate in the review of license applications.

Clapp v. McCabe

91 N.Y. Sup. Ct. 379 · New York Supreme Court · Feb 15, 1895

This principle is clearly recognized in Laverty v. Moore ( 33 N. Y. 658 ), and in Masten v. … proposition, but like all general propositions is subject to many qualifications in its application. * if * The doctrine * * * is only correct when the court proceeds, after acquiring jurisdiction of the cause, according to the established

People v. Hochstim

36 Misc. 562 · New York Supreme Court · Dec 15, 1901

one of the political parties at a polling place; that the said deputy state superintendent was also stationed there in his official capacity; that James Bassett presented himself to vote; that he was duly registered as a qualified … The legislature did not use the clearly limited phrase “ any such person ” to mean “ any person ”. The court had no right to read “ any person ”, or to so construe the statute.

Eastman Kodak Co. v. Siegel

2 Misc. 2d 966 · New York Supreme Court · Feb 23, 1956

He urges firstly that the qualifying language of the statute purporting to limit applicability to a commodity ‘ ‘ in fair and open *969 competition with commodities of the same general class ” (General Business Law, § 369 … That is an activity deemed illegal and clearly outside the coverage of the fair-trade laws (cf. Magazine Repeating Razor Co. v. Weissbard, 125 N. J. Eq. 593, supra).

Crusade for Christ, Inc. v. Town of New Lebanon

50 Misc. 2d 774 · New York Supreme Court · May 19, 1966

We were warned about this at the start by one of long experience and wisdom, but we felt we could use the public school until we were established. … In view of my decision on the merits that plaintiff did not qualify for exemption from real property taxation in any of the years in question, including 1956, and that plaintiff is entitled neither to declaratory judgment