Case law

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.

Kiley v. Western Union Telegraph Co.

46 N.Y. Sup. Ct. 158 · New York Supreme Court · Jan 15, 1886

The nature of the business transacted between these parties, and the exact condition of the same at that time, is very clearly stated by the plaintiff in his own evidence, and in substance it was this: That he was speculating … Under the rule thus qualified, speculative, contingent and remote damages, which cannot be traced directly to the breach complained of, are excluded.

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

La Beau v. People

6 Park. Cr. 371 · New York Supreme Court · Oct 15, 1865

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. The right of limitation must, therefore, rest with the court.

Bigler v. Atkins

7 N.Y. St. Rep. 235 · New York Supreme Court · Mar 3, 1887

But positive proof has not been required to establish such knowledge and intent to deceive, if it were, then a charge of this nature could rarely be supported in a court of justice. … In the charge of the court its controlling attributes were very clearly explained, and the legal rules to be observed were brought to the attention of the jury.

People v. Shakur

169 Misc. 2d 961 · New York Supreme Court · Apr 12, 1996

have a Judge sign an order authorizing the delivery of a confidential file to the court for in camera review, he must set forth in good faith a factual predicate which would provide some basis fo believe that the file will establish … Additionally, it is not unreasonable for a prosecutor to assume chat a blunderbuss request for nondiscoverable information in confidential files would not qualify as a specific request because it fails to alert a prosecutor

In re Brooklyn Fox Corp.

6 Misc. 2d 501 · New York Supreme Court · Mar 19, 1957

The evidence established that in the 19 fiscal years since the 1937 reorganization, petitioner, in addition to having paid all its operating and maintenance expenses, has paid out of its cash revenues (including partial realization … Keely also made a stabilized estimate of income, which clearly indicated the projected ability of the property to yield a larger measure of interest for the bondholders in the extension period. *512 Mr.

Post v. Mason

33 N.Y. Sup. Ct. 187 · New York Supreme Court · Jan 15, 1882

surrogate for the children, and such proceedings were duly had before the surrogate *188 that the will was duly proven and duly admitted to probate on the 24th day of October, 1874, and the executors (the defendants) duly ■qualified … It clearly appears from the findings of the jury that there was no fraud practiced by the defendants in-respect to the probate of the will. The jury have negatived all the allegations in the complaint in that regard.

In re the City of New York

159 Misc. 617 · New York Supreme Court · May 29, 1936

The description in this deed shows clearly that Morris Randel owned to the ordinary high-water line only. … Second, the city of New York, for the benefit of navigation, established a marginal street.

General Building Contractors of New York State, Inc. v. New York State Education Department

175 Misc. 2d 922 · New York Supreme Court · Dec 30, 1997

the Rule authorizes licensed professionals to “utilize contractors and subcontractors, often against their wishes, as integral participants in the performance of professional design work that they are neither licensed nor qualified … Clearly, under the Rule, the delegation is heavily controlled and imposes stringent conditions to ensure that no design work is performed by an unlicensed party and that the delegator reviews and approves the design so that

In re OxyContin

23 Misc. 3d 974 · New York Supreme Court · Feb 10, 2009

Jordan v Pfizer, Inc. 7 and Justice Martin Shulman’s decision in Wilson v Pfizer, Inc. 8 to support their position that New York courts should not entertain suits brought by nonresident plaintiffs against corporations that qualify … CPLR 4517 allows prior testimony in a civil action to be used again in other matters involving the same parties or their representatives and arising from the same subject matter. 34 The aforementioned statutory provisions clearly

People ex rel. Trustees of Masonic Hall & Asylum Fund v. Miller

164 Misc. 726 · New York Supreme Court · May 29, 1937

The latter had given tax immunity as a consideration therefor. … In my opinion we thus have here as clear a case of a compact as is disclosed in the adjudicated cases, and one which is clearly distinguishable from a mere act of grace or voluntary concession.

Patterson v. Ellis

11 N.Y. 259 · New York Supreme Court · Dec 15, 1833

Qualified or base fees ; and 2. Fees conditional at the cotpmon law. A base fee was confined to a person as tenant of a particular pláóe. … Chapman; clearly intimating no design whatever to overrule that decision.

Geiger v. American Tobacco Co.

181 Misc. 2d 875 · New York Supreme Court · Jun 21, 1999

“[T]he existence of a common issue does not by itself suffice to establish the predominance of issues common to the putative class necessary to justify a class action”. … Clearly, individual issues overwhelm any allegedly common issues that remain in this case.

Cole & Thurman v. White

26 Wend. 511 · New York Supreme Court · Jul 1, 1841

the reasoning and decisions of the supreme court, is the danger of false credit and fraudulent evasion of debt whenever delivery and change of possession do not accompany and follow change of property, whether absolute or qualified … But the court has not therefore any right to establish *534 a positive legal rule, excluding evidence 6£ tending to satisfy the understanding or the conscience of the jury ” upon the ground that similar evidence is sometimes

Ajettix Inc. v. Raub

9 Misc. 3d 908 · New York Supreme Court · Jul 26, 2005

The law clearly supports plaintiffs’ contention. Defendant’s fiduciary obligations to Ajettix arose from the status of defendant as a corporate officer and director (see Alpert v 28 Williams St. … Here, defendant established in support of his motion that he did not act with fraudulent intent.

Gouiran Holdings, Inc. v. Miller

140 Misc. 2d 142 · New York Supreme Court · May 18, 1988

As can be clearly seen, the abuse of power in each of these four cases did not implicate the legality of the entire proceeding, yet prohibition was deemed appropriate. … (Compare, Matter of Doe v Axelrod, supra, relied on by respondents, in which case the Commissioner clearly was empowered to act as he did.)

Montgomery-Costa v. City of New York

26 Misc. 3d 755 · New York Supreme Court · Nov 4, 2009

As in the cases cited by respondents, decisions as to how best to achieve educational standards among students clearly rest with the Chancellor, the Board of Education, and Commissioner of Education. … ’ right to a sound basic education (Campaign for Fiscal Equity v State of New York, 187 Misc 2d 1, 114-115 [Sup Ct, NY County 2001] [holding that the definition of sound basic education includes “(s)ufficient numbers of qualified

Whiting v. Marine Midland Bank — Western

80 Misc. 2d 871 · New York Supreme Court · Feb 27, 1975

However, we did obtain a statement from the attending physician which clearly indicates that Leah Whiting cannot be considered capable of managing her own assets. I have discussed this with Mr. … This was the opinion of an eminently qualified psychiatrist who examined Mrs. Whiting at a nursing home shortly before the trial of the issues. Business associates of Mrs.

W. H. H. Chamberlin, Inc. v. Andrews

159 Misc. 124 · New York Supreme Court · Feb 28, 1936

France, before the World war, established a voluntary system of unemployment insurance. … payable to an employee who refuses to accept an offer of employment for which he is reasonably fitted by training and experience, including employment not subject to this article; provided, however, that no employee otherwise qualified