Case law

President of the Delaware & Hudson Canal Co. v. Lawrence

9 N.Y. Sup. Ct. 163 · New York Supreme Court · May 15, 1873

. * The language is so qualified by Savage, Ch. … This, in my opinion, upon the authorities cited, is clearly erroneous.

HLP Properties, LLC v. New York State Department of Environmental Conservation

21 Misc. 3d 658 · New York Supreme Court · Sep 12, 2008

New York, acting on the heels of its then most notorious environmental disaster, the Love Canal site in Niagara Falls, contemporaneously established a comparable program of its own — the Inactive Hazardous *662 Waste Disposal … Clearly the Parcel has not been, and is not currently, idle or abandoned although, given the recent rezoning, it could be put to more productive uses.

Gould v. Gould

41 Barb. 654 · New York Supreme Court · May 2, 1864

He then ventured to remain at home through one winter, and as the result of this ample experience he became convinced that a southern residence during the inclement period of the year gave him no more immunity from protracted … A sheriff acquires a lien upon property levied on by him under attachments, which constitutes a qualified or special title. Ehoads v. Woods, 471 2.

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.

In re the City of New York Relative to Acquiring Title to Real Property in the Borough of Manhattan

46 Misc. 2d 14 · New York Supreme Court · Aug 14, 1964

It would be .flying in the face of the clearly indicated legislative purpose in the enactment of the two foregoing statutes, to hold that claimants may require the city either to allow them to continue operations at a higher … outset of his opinion, Judge Miller, indicated that “ ‘ going value ’ * # * is to be considered in valuing the property of a public service corporation either for the purpose of condemnation or rate making” (p. 484), this is qualified

Seaward v. Tasker

143 N.Y.S. 257 · New York Supreme Court · Sep 15, 1913

Wilson violated are well established. In the case of In re Boone (C. … Justice Burr within the inhibition of the principles and statute above referred to, two facts must be clearly established: (A) That Mr.

Village of Little Falls v. Cobb

29 N.Y.S. 855 · New York Supreme Court · Jul 15, 1894

the sufficiency of the *860 complaint is properly involved in the decision of this case, it will be unnecessary to examine the other questions raised by the appellant, as in that event the judgment of the special term is clearly … Moreover, the principle as there stated was qualified in Miller v. Maxwell, 16 Wend. 24 , and Cooper v. Greeley, 1 Denio, 358 . In Graham v. Dunnigan, 6 Duer, 629, 630 , this question was alluded to, but not decided.

In re Simmons

58 Misc. 581 · New York Supreme Court · Apr 15, 1908

This is not a true construction of the section, as if it were it -would be clearly unconstitutional by taking the claimant’s lands without compensation. … They are selected for their supposed competency to deal with the matters submitted to them, and are impartial, and generally they must be as well qualified as any three witnesses to form a judgment, from their personal view

In re United States

66 How. Pr. 517 · New York Supreme Court · Feb 15, 1884

Their supreme power over the subject is qualified only by the three particulars: The use must be public, compensation must be given, the amount required as compensation must be ascertained by a jury or by not less than three … An abstract of the law is not required in the title, and its actual subject is in this law clearly and appropriately expressed.”

Town of Greenburgh v. Board of Supervisors

51 Misc. 2d 168 · New York Supreme Court · Jul 6, 1966

It was stated at that time that “ in solving the problem presented it is neither practicable nor desirable to establish rigid mathematical standards and that the proper judicial approach is to ascertain whether under the … The same court has also clearly indicated, however, that if population should be submerged as the controlling consideration in the apportionment of seats in a legislative body the rights of all citizens to cast an effective

Priest v. Cummings

20 Wend. 338 · New York Supreme Court · Dec 15, 1838

This, in our State, must be a question of too frequent occurrence to be left in doubt, and if not clearly settled by judicial decision, should be defined as to future cases by legislative enactment. … Thus in a statute, 33 Henry, 8, “ The children of Thomas Powers and others, shall be reputed natural born subjectsIn the statute, 7 Anne, c. 5, “ All persons born out the ligeance of her majesty, who shall qualify themselves

Rollwagen v. Rollwagen

5 Thomp. & Cook 402 · New York Supreme Court · Jan 15, 1875

The witness Margaret Boese, who was called and examined by the proponents, gave evidence tending to establish the same fact. … The charge of the judge upon'the trial as to what constituted undue influence that will avoid a will, was clearly right.

People ex rel. McKenna v. Kennedy

78 Misc. 482 · New York Supreme Court · Dec 15, 1912

Where the matter upon which the legislature acts is clearly connected with the contingency prescribed and the act may or may not be expedient, dependent upon the happening of the contingency, the operation of the law may … The exigencies of the government may frequently require laws of this character, and to deny to the Legislature the right so to frame them would be unduly to qualify and impair the powers plainly and necessarily conferred.

In re the Arbitration between Essex Equity Holdings USA, LLC & Lehman Bros.

29 Misc. 3d 371 · New York Supreme Court · Jun 10, 2010

The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards . . . … LLC v Bricklin ( 2009 WL 47337 , 2009 US Dist LEXIS 2647 [SD NY 2009]), a firm waited three months before establishing an “ethical wall.” The court found, “The delay was too long.

Adler v. Ogden Cap Properties, LLC

42 Misc. 3d 613 · New York Supreme Court · Dec 11, 2013

Class Issues Turning now to class issues, it is well established that the determination of “whether a lawsuit qualifies as a class action . . . [']rests within the sound discretion of the trial court.’ ” (City of New York … Since this is a summary judgment motion, the court only relies on undisputed facts, except when the evidence clearly resolves a contested fact (e.g. the owner of Windsor, discussed below). .

Overhoff v. Scarp, Inc.

12 Misc. 3d 350 · New York Supreme Court · Dec 27, 2005

What is clear is that the statute provided default procedures for LLCs, which will apply to LLC proceedings unless the operating agreement of the particular LLC clearly provides otherwise (see generally Matter of Spires v … Each officer of the Company shall hold office at the pleasure of the Members until his successor has been appointed and qualified or until his earlier death, resignation or removal . . .

In re Board of Water Supply

109 N.Y.S. 1036 · New York Supreme Court · Mar 10, 1907

This is not a true construction of the section, as, if it were, it would be clearly unconstitutional by taking the claimant's lands without compensation. … They are selected for their supposed competency to deal with the matters submitted to them, and are impartial, and generally they must be as well qualified as any three witnesses to form a judgment, from their personal view

People v. Lessey

40 Misc. 3d 530 · New York Supreme Court · May 29, 2013

The Court held that there was insufficient evidence to support a conviction for depraved indifference assault and that while the evidence indicated the defendant was “extremely intoxicated” (at 927) it did not establish that … The oft-repeated argument that a person who voluntarily becomes intoxicated should not be immunized from criminal acts which arise from that intoxication is certainly a reasonable one.

Deck v. Chautauqua County Patrons' Fire Relief Ass'n

73 Misc. 2d 1048 · New York Supreme Court · Apr 26, 1973

And a right of property is not an essential ingredient of insurable interest; any limited of qualified interest, whether legal or equitable, or any expectancy of advantage, is sufficient ”. … However true this principle may be established, the defendant insurer insists that it has no application because it is urged the plaintiffs were not in fact vendees of real property.

Belair Care Ctr., Inc. v. Cool Insuring Agency, Inc.

New York Supreme Court · May 4, 2017

that plaintiffs allege in the 'conversion' cause of action is that [the broker] failed to use the quarterly payments paid by plaintiffs to purchase insurance from the insurers and its subsidiaries which, if true, would clearly … "Materials that clearly qualify as documentary evidence include documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are essentially undeniable" (