Case law

People v. Long Island Railroad

113 Misc. 700 · New York Supreme Court · Dec 15, 1920

They have, from time to time, established written constitutions. … If it shall succeed in establishing its right so to do, the last vestige of state authority over carriers’ rates will be destroyed.

Farnsworth v. Western Union Telephone Co.

6 N.Y.S. 735 · New York Supreme Court · Jul 9, 1889

On the 19th of May, 1885, a like order was made on the bill of complaint in the circuit court of the United States for the Southern district of Hew York;, and under these orders he qualified as receiver, and entered upon … And to establish the extent of his loss in this respect the value of the system itself was not a fact which could be considered.

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.

Mays-Watt v. Hernandez

196 Misc. 2d 56 · New York Supreme Court · Apr 11, 2003

As an exception to the usual procedure of selecting tenants from a long waiting list, NYCHA’s guidelines permit a qualified “remaining family member” of a tenant of record’s household to succeed to a tenant’s apartment after … Accordingly, the pertinent NYCHA guidelines clearly spell out the appropriate course of action to take when an application for permanent residency is made and “undesirability” charges are pending against the tenant of record

Drexel v. Pease

32 N.Y. St. Rep. 853 · New York Supreme Court · May 16, 1890

I am of the opinion that the qualified ownership of the plaintiffs did not cease until they had been reimbursed according to the terms of the contract entered into between them and Pease at the time the letters of credit … Clearly it was left in Pease’s power to deal with these goods as his own, and he could make a valid contract with the bankers for a general lien applicable to all his transactions. St.

Brant ex dem. Heirs of Provoost v. Gelston

2 Johns. Cas. 384 · New York Supreme Court · Oct 15, 1801

The distinction between a trust and legal estate, is, in this case, well established ; aud also the principle that a court of equity may be more liberal in the construction of words, to make them agree with the intent of … Another inquiry, equally important, is, whether the conveyance of a freehold estate, coupled with a power to dis *398 pose of the fee, does not vest a qualified fee-simple in the donee of the power. In Jennot v.

Scott v. Beth Israel Medical Center Inc.

17 Misc. 3d 934 · New York Supreme Court · Oct 17, 2007

The work product doctrine provides a qualified privilege against disclosure for materials prepared by an attorney in anticipation of litigation. (CPLR 3101 [c].) … Scott’s suggestions for establishing special surgery hospital facility at the Singer Division; “(e) all documents comprising or relating to BI’s claims that $10.1 million of the Singer Division 2002 losses were attributable

City of Amsterdam v. Helsby

79 Misc. 2d 676 · New York Supreme Court · Nov 30, 1974

them by the State) and the right to vote in such election would be denied and abridged by chapters 724 and 725, the reduction in New York’s representation in the Congress of the United States in proportion to the number of qualified … A contract for a pre-established limit on tax liability, whether it be considered as conferring ‘ tax exemption ’ or ‘ tax savings ’, or tax relief by any other label, is clearly barred by this sweeping prohibition” (Emphasis

Hernandez v. Robles

7 Misc. 3d 459 · New York Supreme Court · Feb 4, 2005

In fact, defendant acknowledges that same-sex couples can establish committed, loving relationships and can be fine parents. … Thus, clearly falling within its scope are matters relating to the decision of whom one will marry.” (Citations omitted and emphasis supplied.)

Graham v. People

63 Barb. 468 · New York Supreme Court · Sep 10, 1872

It clearly appeared, by the preliminary cross-examination of the witness, that he was retained and employed by the prisoner in his capacity as an attorney, to draw these papers, and thereupon the counsel for the prisoner … Brougham, ‘ is not qualified by any reference to proceedings pending or in contemplation.

Johnson & Miller v. Hunt

23 Wend. 86 · New York Supreme Court · Jan 15, 1840

The rule thus qualified by Chancellor Kent, would operate as a complete protection to the defendants below; for every step they took was with a view to secure their debts, under process in Pennsylvania. … Clearly they could not, as administrators, have sued or had any remedy there, to recover the property now in dispute, or its avails.

Komyathy v. Board of Education of Wappinger Central School District No. 1

75 Misc. 2d 859 · New York Supreme Court · Jun 20, 1973

Defendant argues that the stay was improperly granted and that it is qualified to sit in judgment of a fellow member. The factual situation herein is unfortunate. It appears that plaintiff and Mr. … The moving papers established prima facie that defendant might be acting illegally in conducting the hearing and, consequently, the court properly issued the restraining order.

In re the case of Yates

4 Johns. 317 · New York Supreme Court · Aug 15, 1809

There is no necessity to establish the truth of the fact by the intervention of the jury. … These, or similar reasons, have established the same principles in England. In Hawk. P. C. b. 2. c. 22.

Castillo v. Schriro

49 Misc. 3d 774 · New York Supreme Court · Jul 17, 2015

Faouzia Barouche, who found petitioner to be psychologically not qualified to carry or possess a firearm. … (See id. at 130 [petitioner offered sufficient evidence establishing respondent’s knowledge of substance abuse and that petitioner sought help prior to termination to establish bad faith]; cf.

Ramanadhan v. Wing

174 Misc. 2d 11 · New York Supreme Court · Aug 12, 1997

(Greene v McElroy, 360 US 474 .) *18 A qualified attorney must be given a hearing before he is deprived of the right to practice law on the ground that he lacks character and fitness. … Due process of law guarantees respect for personal immunities 'so rooted in the traditions and conscience of our people as to be ranked as fundamental’ (Snyder v Massachusetts, 291 US 97, 105 [Cardozo, J.]).

MPEG LA, LLC v. Audiovox Electronics Corp.

33 Misc. 3d 802 · New York Supreme Court · Jul 27, 2011

However, that ruling leads to the next question, which is whether patent exhaustion can ever be a defense to a contract, and whether it would qualify as a defense in the case at bar. … However, with regard to the issue of “unclean hands” there is nothing submitted that rises to the level of immoral, unconscionable conduct required to establish this defense.

Miloscia v. B.R. Guest Holdings LLC

33 Misc. 3d 466 · New York Supreme Court · Aug 15, 2011

Defendants also fail to establish that they made “a clear, fact-specific inquiry” or “engage[d] in a good faith interactive process . . . … The employer has the duty to clearly request from the . . . employee any documentation that is needed.” (9 NYCRR 466.11 [j] [4].)

In re 321 Henderson Receivables, L.P.

13 Misc. 3d 526 · New York Supreme Court · Aug 11, 2006

In this way, the trial courts have followed the example of family law cases where factors have been established to define the best interest of children under various circumstances (see e.g. … Under the facts before this court, this transaction is clearly not in the best interest of Lemanski or her dependents.

Atlantic Hgts. Specialty Script Corp. v. Downstate at Lich Holding Co., Inc.

New York Supreme Court · Mar 28, 2016

"The doctrine of collateral estoppel, a narrower species of res judicata, precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against … It is well established that a plaintiff may not seek a declaratory judgment when other remedies are available, such as a breach of contract action, which affords the plaintiff an adequate remedy ( see JMF Consulting Group

Mellen v. Mellen

27 Abb. N. Cas. 99 · New York Supreme Court · Sep 15, 1891

The following are the principal recent cases the rulings in' which on the right of trial by jury are superseded or qualified by this new statute. Brinckerhoff v. Bostwick, 105 N. … conclusion from facts averred in the complaint, but is the nature of his demand, and if, upon any supposed state of facts set up in the complaint, plaintiff claims he has a right to equitable relief, although the facts are clearly