Case law

Dryer v. Brown

5 Silv. Sup. 549 · New York Supreme Court · Feb 15, 1890

In the latter case, it held that the refusal to pay was so far qualified that it did not amount to a rejection of the claim. … But the amendment of 1882 was clearly intended to obviate that rule.

Sokoloff v. National City Bank

120 Misc. 252 · New York Supreme Court · Dec 15, 1922

In March, 1917, a revolution occurred resulting in the establishment of the Provisional Russian, or Kerensky, government. … These mutual stipulations by their terms look to the continuance of the corporation and the mutual obligations into which the parties entered are qualified by this understanding.” In Dolan v. Rodgers, 149 N.

People v. Williams

14 Misc. 3d 571 · New York Supreme Court · Nov 29, 2006

Kovera is clearly relevant since it relates directly to the central fact of this case, the identity of the perpetrator of the laundromat robbery, and also to the facts and circumstances surrounding those identifications. … Margaret Bull Kovera, who holds a Ph.D. in social psychology, is an expert eminently qualified in the subspecialty of eyewitness identification.

National Fuel Gas Supply Corp. v. Cunningham Natural Gas Corp.

145 Misc. 2d 825 · New York Supreme Court · Sep 6, 1989

Clearly the theory and opinions of the defendants’ experts were not conjured up from whole cloth for the purpose of trial. … It was under this Act that a Federal Energy Regulatory Commission (FERC) was established and which fixed rates for natural gas.

Russell v. Books

18 Misc. 2d 166 · New York Supreme Court · Jan 12, 1959

Indeed, in some respects what is set forth clearly runs afoul of rules 102 and 103. … Without question, the consent would clearly entitle an assignee to use the same picture that was used by the original advertiser.

Radin v. Avis Rent-A-Car System, Inc.

159 Misc. 2d 370 · New York Supreme Court · Sep 23, 1993

However, the contracts clearly state in bold red type "I have read and agree to the terms on both sides of this agreement.” The terms on the back of the Rental Agreement are legible. … The plaintiff has not established that the terms of the first contract differ from the ones produced.

Burrows v. Dickinson

42 N.Y. Sup. Ct. 492 · New York Supreme Court · Mar 15, 1885

That he desired this appointment is very clearly proved by the affidavits upon which the motion was heard, and this desire continued and was made the subject of interviews daring the progress of the trial, and the defendant … These facts though to a certain extent qualified by statements made in the affidavits, produced on behalf of the plaintiff, still remain reasonably well establshed in the case, and they should be attended with the effect

People v. Tweed

13 Abb. Pr. 25 · New York Supreme Court · Sep 15, 1872

A good cause of action clearly exists upon the facts as set forth. … established in my mind a contrary conclusion.

Bloodgood v. Mohawk & Hudson Railroad

18 Wend. 9 · New York Supreme Court · Dec 15, 1837

Many cases of this character exist, in which the legislative power is well established.” … A turnpike company has a limited or qualified, and not an absolute estate in its road. The 16th section of the general turnpike law (1 R.

In re Eichner

102 Misc. 2d 184 · New York Supreme Court · Dec 6, 1979

Accordingly, an extended discussion is necessary both to describe the basis for a conclusion and to establish clearly the demarcations beyond which this decision cannot be said to go. … Whatever Brother Fox may have wanted under other circumstances, he clearly expressed his intentions about the situation that now afflicts him.

In re the Commissioners of the State Reservation at Niagara

44 N.Y. Sup. Ct. 537 · New York Supreme Court · Oct 15, 1885

And that the fact that at the particular place in *548 question the river is not navigable by reason of the interruption produced by the falls, does not qualify or distinguish it in that locality as a public river from its … It does not very ■clearly appear how much water had been taken into the inlet and canal for the period of forty years before the proceeding was instituted.

McKinstry v. Sanders

2 Thomp. & Cook 181 · New York Supreme Court · Nov 15, 1873

The words, “ who shall he then living,” are clearly words of survivorship. … Its meaning is controlled and qualified by the whole paragraph, or latter portion of the paragraph with which it is connected, the whole of which must be read in connection, in order to ascertain its bearing.

Allen v. New York State Department of Motor Vehicles

45 Misc. 3d 475 · New York Supreme Court · May 21, 2014

Moreover, the issuance of a determination that the license application is denied for five years (after which time the applicant may reapply), while clearly postponing immediate consideration of the application, serves as … The foregoing, however, is qualified by the following language: “[p]rovided, however, that the commissioner may, on a case by case basis, refuse to restore a license which otherwise would be restored pursuant to this item

Lynch v. City of New York

56 Misc. 3d 433 · New York Supreme Court · Apr 13, 2017

Chapter 382 of the Laws of 1973 created article 11 of the Retirement and Social Security Law (Retirement and Social Security Law §§ 440-451), which established tier 2 for public employees who joined the retirement system … law or code; iv. that Retirement and Social Security Law § 501 contains the definitions for “credited service” (§ 501 [3]) and “creditable service” (§ 501 [4]), both of which refer to § 513 for determining what service qualifies

Clayton v. Farish

191 Misc. 136 · New York Supreme Court · Aug 29, 1947

Their good faith is established by persuasive evidence *157 and by the findings of the trial court approved by the Appellate Division. … The book entries tendered by defendants do not qualify as documentary evidence under the shop-book rule when the charge is that the pajments are made in a fraudulent manner.

Harrigan v. Pounds

147 Misc. 666 · New York Supreme Court · May 4, 1933

What happened during 1929 is not clearly to be separated, in the evidence before me, from the events of the years 1926-1928. … There will be no gain in waiting for a trial which can but establish the facts and inferences above found and drawn, on evidence substantially undisputed, and after a full hearing.

Williamsburg Charter High School v. New York City Department of Education

36 Misc. 3d 810 · New York Supreme Court · Jun 28, 2012

The court gives deference to the administrative agencies’ determinations as they are uniquely qualified to make decisions specific to their industry. … However, it is clearly stated in 8 NYCRR 3.17 (b) (1) that this process shall not apply to revocation proceedings commenced by charter entities other than the Board of Regents.

In re City of New York

66 Misc. 488 · New York Supreme Court · Mar 15, 1910

If in any case they take the testimony in relation to value, it is but one item in the account, which may go to qualify, 'but cannot control their own opinions.” … The general rule applicable to the said damage parcels is thus clearly summed up in Lewis on Eminent Domain: “If the owner has purchased the property within a time so recent that its cost will afford any fair indication of

American Water Resources, LLC v. Liu

41 Misc. 3d 963 · New York Supreme Court · Sep 26, 2013

McLean from the Water Board insists that this point was conclusively established as far back as 1861 in a decision by the New York Superior Court entitled Terry v Mayor (8 Bosw 504 [1861]), and was reestablished in 2005. … After all, it is a good thing for water pipes to be fixed quickly by qualified *975 workers, irrespective of ownership. Enrolled private owners, for a relatively small monthly fee, buy such a service.

People ex rel. Van Valkenburg v. Myers

25 Abb. N. Cas. 368 · New York Supreme Court · Oct 15, 1890

V., § 19, which declares that certain officers shall receive for their services a compensation to be established by law, the phrase “ compensation established by law,” does not apply to the fees and allowances made to sheriffs … It. clearly would not include every one who should perform any service in; any form for the company.