Case law

Franklin National Bank of Long Island v. Clark

26 Misc. 2d 724 · New York Supreme Court · Mar 14, 1961

This is the well-established law based on the recognized coequal stature of the three branches of the government. … When they are inconsistent the court must accept one or another, or some combination of the three as establishing the fact.

Deane v. City of New York Department of Buildings

177 Misc. 2d 687 · New York Supreme Court · Mar 18, 1998

Since several of the claims are clearly not mooted by the Designation Committee’s determination, I am issuing this opinion. … So drastic a remedy is not to be granted unless the moving papers establish a clear and undisputed right to relief. (Park Terrace Caterers v McDonough, 9 AD2d 113, 114 [1st Dept 1959].)

Gelston v. Shields

23 N.Y. Sup. Ct. 143 · New York Supreme Court · Dec 15, 1878

C., held that the illegitimate children of Mary took under the will, because they were clearly described therein as the objects of the gift. … A man has a right, qualified only by the restraints of positive law, to give his property to whomsoever he pleases.

UnitedHealthcare Services, Inc. v. Asprinio

49 Misc. 3d 985 · New York Supreme Court · Aug 27, 2015

Further, United has not shown it is likely to succeed in establishing that it suffered any damages as a result of any misleading billing by defendants. … While it is clearly United’s position that Asprinio’s charges are excessive, United has not offered any evidence in support of that position.

Henry & Pierce v. Bank of Salina

5 Hill & Den. 523 · New York Supreme Court · Sep 15, 1843

Butler, (9 Paige's Rep. 226,) I clearly intimated my opinion that the real plaintiff in the suit could not evade the law by instituting a suit in the name of another person, and that the provisions of the act of May, 1837 … It seems to me, therefore, that the absence of any such qualifying phraseology is conclusive that the legislature had in view no other person than the one usually known as plaintiff, viz. the plaintiff on the record.

In re Block Bounded By Avenue A and First Avenue, Fifty-Ninth and Sixtieth Streets

122 N.Y.S. 321 · New York Supreme Court · Mar 26, 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

Krieger v. City of Rochester

42 Misc. 3d 753 · New York Supreme Court · Nov 1, 2013

Vehicle and Traffic Law § 1111-b (as added by L 2009, ch 22), which became effective May 28, 2009, granted the City of Rochester the authority to establish a “demonstration program imposing monetary liability on the owner … 1117 [4th Dept 2013] [citation omitted] [ruling that a City of Rochester Code provision was constitutional]; see also Statutes § 150 [“The courts should not strike down a statute as unconstitutional unless such statute clearly

Miriam Kaller Family Irrevocable Trust ex rel. Freund v. Lincoln Benefit Life Co.

56 Misc. 3d 395 · New York Supreme Court · Feb 6, 2017

This is true whether New York or New Jersey law is found to be controlling. 2 It has been held in New York that “[s]ervice of the summons and complaint upon any qualified trustee shall be sufficient service upon a trust. … establish that the trust was the owner, without regard to who served as the trustee.

City Trading Fund v. Nye

New York Supreme Court · Feb 8, 2018

Indeed, such a disclosure would not only be of "some benefit", but would likely qualify as plainly material. … In other words, settling a baseless claim should not create immunity for a related, but currently unknown meritorious claim.

Palm v. Tuckahoe Union Free School District

46 Misc. 3d 358 · New York Supreme Court · Aug 5, 2014

matter of law by eliminating triable issues of fact, including whether the boundary line between the two school districts intersects real property owned by the plaintiff owners of single-family dwelling units in order to qualify … parcel in a separate school district for the express purpose of gaining access to its schools was entitled to designate that district pursuant to subdivision (1) (b), that case involved a single family dwelling, which is clearly

People v. Bork

2 N.Y. Crim. 56 · New York Supreme Court · Jan 15, 1884

It would promote litigation and contravene well established principles, -now to allow it as well taken.” … Y. 128 , he.consented to be-tried by a -jury of eleven qualified jurors, and- was convicted of the *75 crime of murder.

Fingerhut v. Kralyn Enterprises, Inc.

71 Misc. 2d 846 · New York Supreme Court · Dec 16, 1971

Vernon Associates had been established. He retained a prestigious law firm in this connection. On October 1,1968 plaintiff sent a memorandum to Ms partners -in Mr. … The evidence clearly indicates that plaintiff, without mental disability, ratified the contract.

Nonhuman Rights Project, Inc. ex rel. Hercules v. Stanley

49 Misc. 3d 746 · New York Supreme Court · Jul 29, 2015

While not clearly articulating the policy underlying a supposed mandatory recognition of chimpanzees as persons beyond the guarantee of fundamental rights to liberty for all persons, petitioner argues that because chimpanzees … Thus, petitioner argues, the Third Department confused its “demand for the ‘immunity-right’ of bodily liberty, to which the ability to bear duties and responsibilities is irrevelant, with a ‘claim-right.’ ” (Id. at 64.)

People ex rel. New York Central & Hudson River Railroad v. Mealy

88 Misc. 649 · New York Supreme Court · Jan 15, 1915

It appears very clearly that the act was wholly voluntary and based upon no consideration whatever passing to the state. Neither was the state, in form, a party to the contract. … It is unimportant to determine just what that interest is, whether it is a lease in perpetuity of the freehold or whether it is a qualified fee or otherwise. Whatever it is, it is a freehold estate.

People v. Rathbun

21 Wend. 509 · New York Supreme Court · Oct 15, 1839

Clearly that xvas a complete uttering within the strictest sense of the term. It was a sale of the stamps to the consignees. … But incidentally mentioning the form of the oath was not intended to qualify the proposition as to the tribunal before whom >the trial should be had. This tribunal was changed by consent.

People v. Smith

117 Misc. 2d 737 · New York Supreme Court · Feb 3, 1983

It was not, therefore, a spontaneous “blurt out” of the type which qualifies for the exception (People v Lucas, 53 NY2d 678 ). … One court has suggested that the burden be placed on the prosecution to establish the viability of proposed hypnotically revived evidence (Commonwealth v Juvenile,_ Mass _, 412 NE2d 339, 344 , supra).

Regional Transit Service v. Local Division 282 of Amalgamated Transit Union

64 Misc. 2d 865 · New York Supreme Court · Dec 8, 1970

. *868 In order for the City to qualify for Federal financing under the Urban Mass Transportation Act and establish a publicly owned and operated transit system in the Rochester metropolitan area, it was set forth in a portion … Significantly, indemnification of City Lines by ETS against the acts of ETS’ bus drivers as well as the acts of City Lines’ superintendents of maintenance and transportation when “ testing the bus drivers ” clearly indicates

People v. LeGrand

196 Misc. 2d 179 · New York Supreme Court · Sep 10, 2002

Following papers submitted by the defense and the prosecution, I ordered an evidentiary hearing to determine (1) whether the proposed witness could be qualified as an expert, (2) the admissibility of the proposed testimony … This clearly raises into question the issue of whether the mean effect size computed from the meta-analysis is truly representative of the group of studies that made up the meta-analysis.

Sackett v. Andross

5 Hill & Den. 327 · New York Supreme Court · May 15, 1843

Now I take the principle to be entirely clear, that when the constitution speaks in this way of an established institution, or of any proceeding already known to the laws, and no enlarging or qualifying words are used, it … Clearly there is none.

People ex rel. Jacob Ruppert Realty Corp. v. Cantor

115 Misc. 519 · New York Supreme Court · Jun 15, 1921

on the printed form furnished by the commissioners and that such application did not show that the person who signed and swore to it was authorized to make it, or was familiar with the facts, or a real estate expert, or qualified … Div. 455, 457-459 ), and it conclusively shows that the claim of the respondents that such elevator and smokestack have not been assessed is clearly untenable.