Case law

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.

H. R. Moch Co. v. Rensselaer Water Co.

127 Misc. 545 · New York Supreme Court · Jul 9, 1926

In New York the right of the beneficiary to sue on contracts made for his benefit is not clearly or simply defined. … The governmental functions of the city could not be delegated to a private corporation so that it would be immune from liability.

Bartlett v. Drew

60 Barb. 648 · New York Supreme Court · Nov 7, 1871

This court has. power to set aside a judgment, on motion, where it ' clearly appears that the plaintiff had no legal cause of action. , ib 5. … The “ sound mind" required by the statute, to qualify a person to make a will, cannot be satisfied by any different rule. ib 6.

Caprio v. New York State Department of Taxation & Finance

37 Misc. 3d 964 · New York Supreme Court · Sep 22, 2012

Plaintiffs argue that the determination set forth in Mintz “clearly shows that [plaintiffs] properly reported their 2007 sale of TMC stock for New York personal income tax purposes” (id.). 7. … Thus, “[s]ince no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the

Abraham v. Meyers

29 Abb. N. Cas. 384 · New York Supreme Court · Jan 15, 1893

An injunction pendente lite should only *388 be granted in a case like the present, where the plaintiff clearly shows that the official action complained of was illegal. … And said corporation hereby applies also, as a part of this petition for permission to build, lay down, establish and maintain a branch line of double track railroad, from a connection with its track when *394 laid down,

People v. Smith

34 Misc. 2d 343 · New York Supreme Court · May 12, 1961

. ; There can be little doubt that, defendant’s counsel were qualified and experienced members of the Schenectady and Saratoga Bar, Mr. Marcus having been an attorney for 40 years, and Mr. Romano about 30 years. Mr. … Defendant: “ Yes, I have, Your Honor.” *350 The court: “And you clearly understand, Mr.

Dal-Tran Service Co. v. Fifth Avenue Coach Lines, Inc.

30 Misc. 2d 236 · New York Supreme Court · Jun 6, 1961

At the Special Term motion hearing, the subject matter dealt with was clearly delineated by the Justice there presiding. … In the instant trial this court is convinced that the established principles of law and equity require nullifying the proceedings of the stockholders meeting of Fifth Avenue Coach Lines, Inc.

In re the Acquisition of Lands for the Purpose of a Municipal Garage

141 Misc. 15 · New York Supreme Court · Sep 3, 1930

When the report is confirmed, the relation of vendor and vendee is then established between the parties, which order of confirmation acts as a judgment binding both parties. … We are not informed by affidavit from the chief of the Utica fire department, a man eminently qualified to express an opinion thereon, as to what he thinks about selecting such a location for a municipal garage.

Wehrhane v. Nashville, Chattanooga & St. Louis Railroad

4 N.Y. St. Rep. 541 · New York Supreme Court · Dec 30, 1886

Louis Railroad Company, one of the defendants in this action, was originally incorported by the state of Tennessee as the Nashville and Chattanooga Railroad Company, to establish railroad communication between Nashville and … He at the same time guaranteed that the floating debt of *544 that company did not exceed $20,000, and also that the title of the company to the franchises, rights and immunities of the companies “known under the name of

J.P. Morgan Securities Inc. v. Vigilant Insurance Co.

57 Misc. 3d 171 · New York Supreme Court · Apr 17, 2017

The inclusion of the qualifying phrase “in fact” makes clear that the parties did not intend for coverage to be excluded under any circumstances merely because Bear Stearns obtained some benefit, but rather intended that … Thus, “even if the evidence establishes as a matter of law that the insured has formed a subjective belief that a suit may ensue based upon some . . . misconduct, that does not alone establish the existence of objective facts

Brown v. Ashbough

40 How. Pr. 226 · New York Supreme Court · Nov 15, 1870

All such inquiries should be fairly made, and the answers should be clearly and distinctly given. There should be no circumvention, and there aught not to be any misapprehension between the parties. … I do not understand Judge Brady as qualifying his opinion as indicated in the head notes. In answering counsel as to what was decided in Blasón agt.

Hume v. Mayor of New York

16 N.Y. Sup. Ct. 674 · New York Supreme Court · Jan 15, 1877

But that was very clearly not the fact. If it had been, it is not probable that it would have fallen as it did. … Municipal corporations have often been held liable for injurious consequences resulting to persons, by reason of the unsafe condition of their streets; but ordinarily, the liability has been a qualified one, depending on

People v. Ocasio

39 Misc. 3d 465 · New York Supreme Court · Feb 22, 2013

Smolar: Then at a point at which there is clearly no other discovery material and I have the DNA and I can make that decision, then I’ll file a motion. … Although the People do not expressly rely upon CPL 30.30 (4) (b) in their opposition papers, all of the periods of delay included within CPL 30.30 (4) (a) would qualify as excludable time under CPL 30.30 (4) (b). .

Barry v. Brune

15 N.Y. Sup. Ct. 395 · New York Supreme Court · Oct 15, 1876

were liable to forfeiture for the non-payment of the premiums on the days when payment should be made, and after such forfeiture the company was in terms exonerated from all liability upon them, but that was in this case qualified … The plaintiff in this action claimed the same fund, and her right to it has been established.

In re the Liquidation of Lawyers Mortgage Co.

169 Misc. 802 · New York Supreme Court · Nov 29, 1938

Quite apart from this concession, the evidence establishes clearly that the claims assigned to the reorganization managers by assenting creditors totaling more than $171,000,000 out of $256,000,000, the total aggregate principal … The papers submitted by the Superintendent of Insurance establish clearly that the dividends to be declared in favor of assenting creditors will far exceed the amount of the Superintendent’s advances.

People v. Sharp

5 N.Y. Crim. 388 · New York Supreme Court · Sep 15, 1887

This joint assent of minds may be established by circumstantial evidence. Id. … It is the duty of the jury to consider all the instructions together, and if an instruction although not stating the law correctly is qualified by others so that the jury were not likely to be misled, the error will be held

Cortes v. 3A North Park Ave. Rest Corp.

46 Misc. 3d 670 · New York Supreme Court · Oct 28, 2014

raised in this litigation: what were the actual sales revenues of the restaurant in the years prior to commencement of this action. 17 Although plaintiffs counsel accepted Cannon as an expert, this court does not find him qualified … Any records he prepared were clearly inadequate as a reliable indicator of the value of the corporation.

People v. Dimick

48 N.Y. Sup. Ct. 616 · New York Supreme Court · Oct 15, 1886

It is unnecessary here to determine whether the third count would support a conviction on the facts which the prosecution claim were established by the evidence. … Local agencies for the respective companies were established at the leading ports on the lakes by the firm, with the approval of the companies.

In re the Estate of Gilbert

46 N.Y. Sup. Ct. 61 · New York Supreme Court · Jan 15, 1886

If the appellant had no relation to the mortgage (pursuant to the foreclosure of which title was derived to the land) other than that afforded by his position as administrator, he clearly was disabled from taking title in … There the assignors were made parties defendant and their equity of redemption foreclosed by the judgment, and the remarks of the learned judge tending to qualify and limit the Slee and Hoyt cases were obiter.

In re New York, Lackawanna & Western Railway Co.

47 N.Y. Sup. Ct. 130 · New York Supreme Court · Mar 15, 1886

And Allen-, J., in delivering the opinion, said : “ No other mode or manner was thought of or prescribed; and this manner being prescribed necessarily excludes every other method, as clearly and *134 effectually as if the … This finality is a qualified one and goes to the right of review by appeal only. (In re Mayor, etc., 49 N. Y., 150 -154.)