Case law

State v. Henry T.

54 Misc. 3d 609 · New York Supreme Court · Nov 18, 2016

His convictions for rape first and rape third qualified respondent as a sex offender for which civil management could be ordered (Mental Hygiene Law § 10.03 [g], [p]). … It is well established that this general request may serve as a basis for granting relief not specifically requested in the notice of motion, where the relief “is warranted by the facts plainly appearing in the papers on

Fish v. Weatherwax

2 Johns. Cas. 215 · New York Supreme Court · Jan 15, 1801

But in this they were clearly wrong, if they intended to apply their remarks to defects of substance. … Croix, in the West Indies, without 'having ever qualified himself by law to assume the office of alderman of the said fifth ward. And whereas, the said D.

Manhattan Eye, Ear & Throat Hospital v. Spitzer

186 Misc. 2d 126 · New York Supreme Court · Dec 3, 1999

Shattuck Hammond was to contact “likely not-for-profit hospital entities” and Cushman & Wakefield would seek to qualify “five or six of the most prominent and likely real estate buyers.” … Clearly MEETH, as a functioning acute care, specialty hospital, had value: major medical entities were willing to operate it and keep it open and guarantee the expenditure of substantial sums to do so.

Cohen v. Ellis

16 Abb. N. Cas. 320 · New York Supreme Court · Aug 15, 1885

The supreme court administers equity according to its established rules and principles.. … But the distinction above suggested is clearly recognized by Lord Hardwioke, as it is by chancellors in this State. In Hall v. Perkins ( 3 Wend. 626, 631 ), Savage, Ch.

In re Zornow

31 Misc. 3d 450 · New York Supreme Court · Dec 23, 2010

Further, the grant of immunity to those implementing the decision for ordinary tort liability and accountability reinforces that shift in ethic. … And for over a decade, the law on this, established by numerous court decisions and statutes, has been largely settled.

dMY Sponsor, LLC v. Glatt

New York Supreme Court · Jun 6, 2023

Counterclaimants argue that Glatt "provided services clearly extending beyond the negotiation of a business opportunity" ( Dorfman v Reffkin , 144 AD3d 10, 19 [1st Dept 2016] [plaintiff's causes of action for unjust enrichment … As a preliminary matter, counterclaim defendants have failed to establish entitlement to dismissal of this counterclaim based on "documentary evidence."

County of Sullivan v. Filippo

64 Misc. 2d 533 · New York Supreme Court · Oct 30, 1970

Conduct however, which materially disrupts the lives of others or involves substantial disorder or invasion of the rights of others is not immunized by the constitutional right of free speech. … (c) Part 14 of the Sanitary Code with reference to service food establishments. (d) Part 19 of the Sanitary Code with reference to refuse disposal.

Platt v. Kohler

29 Abb. N. Cas. 366 · New York Supreme Court · Dec 15, 1892

Such views have recently been very clearly put by Judge Freedman in the case first noted below, in connection with which a summary of earlier cases will be useful. … the court was rested, for Chief Justice Denio, in the expression •of his conclusions, without noticing the theory of his learned colleague, adheres to the accepted doctrine, and says, • certain principles are very well established

People v. Watson

25 Misc. 3d 613 · New York Supreme Court · Jul 14, 2009

Observing this, Detective Butkiewicz, who this court qualified “as an expert in the recognition and destruction of fireworks,” testified that in his expert opinion such characteristics are “consistent with the combustion … Clearly then, Penal Law § 405.05 is concerned with protecting the constitutional rights of the criminal defendant (Christopher at 471 ).

Central Trust Co. v. N. Y. City & Northern Railroad

18 Abb. N. Cas. 381 · New York Supreme Court · Apr 15, 1886

The discussions you heard about the Boberts contract themselves clearly exhibited the plan for carrying through this enterprise \ “ A. There was a plan ; that Was part of it. “ Q. … even in equity, to receive anything for the benefits conferred by him upon the railroad company, until he shall have first paid to the company the par value of all the stock received by him ; this claim, however, being qualified

Paddell v. Janes

84 Misc. 212 · New York Supreme Court · Jan 15, 1914

The title of the assignee is not an absolute one as owner, but a qualified one. Real. Prop. Law, §§ 101, 102. … In the one case a contractual relation is established by his acceptance of the assignment. In the other the acceptance of the lease is an official act as assignee and no contractual relation is created.

Continental Securities Co. v. Belmont

83 Misc. 340 · New York Supreme Court · Dec 15, 1913

If heretofore the judicial records and published opinions of various state and federal courts tend to establish that said Venner is an artificer of litigation and a menace to corporate society, an added curse will work no … Y. 16, 18 ) there is provided a pretty clearly defined working rule to the end that it may be said as now settled that direct or indirect misappropriation of funds or assets of the corporation to his own use or benefit by

People v. Richardson

4 Cow. 97 · New York Supreme Court · Feb 15, 1825

For privileges and immunities of a public nature which cannot be legally exercised without a legislative grant are franchises, although they never existed in the people, or could be exorcist d by them in their political capacity … In England costs are not given against the defendant, except where the information relates to a corporate office; but this is upon the particular wording of the statute, 9 Ann. ch. 20, which is clearly not sc broad as the

People v. Christensen

21 Misc. 3d 608 · New York Supreme Court · Sep 2, 2008

The first two request a declaration that the Superintendent of State Police exceeded his authority by establishing the policy and that this court declare it null and void because it “effectively and unilaterally circumvents … Indeed, perhaps several towns, in order to. reduce costs, can consider jointly engaging and sharing one or more qualified attorneys to act as a special prosecutor.

Woodcock v. Bennet

1 Cow. 711 · New York Supreme Court · Apr 15, 1823

From this rather obscure statement, it does not clearly appear whether the appellant took with him the originál agreement, when he called alone, or whether it was afterwards taken, when he called with Phinehas Bennet. … So far as the two positions are not in collision, we admit the truth of theirs, and it would be universally true if qualified by ours : that the defendant must prove his affirmation, unless it be a direct and proper reply

Associated Transport, Inc. v. City of Syracuse

196 Misc. 1031 · New York Supreme Court · Nov 21, 1949

Kavanaugh, the traffic engineer of Syracuse, who was called by and qualified as an expert for Syracuse, testified that Charles Avenue was not an adequate, safe route for travel by through trucks and trailer trucks operated … Instead, as pointed out, Syracuse chose to establish a so-called truck route.

Farmers' Loan & Trust Co. v. Mayor of New-York

7 Hill & Den. 261 · New York Supreme Court · Dec 15, 1843

amount of capital paid in or secured to be paid in, without reference to the amount possessed, as the rule for the taxation of corporations, (except when special and positive provisions are otherwise expressly made,) is clearly … The 1st section of the 4th title, which creates the liability of stock corporations to taxation, is qualified, limited and defined by all the succeeding sections in the same title.

Farrar v. Kingsley

126 N.Y.S. 584 · New York Supreme Court · Dec 15, 1910

It is only upon the theory that the allegation 'in the answer is incorrect that it becomes important for Williams to establish that he exercised due care and caution in seeing that the money was actually paid to Smith. … With this situation in mind, it is clearly apparent that Williams intentionally permitted Crosby to carry out his scheme to defraud by the performance at Harper & Tucker Lumber Company’s office and at the residence of Smith

State v. Enrique T.

34 Misc. 3d 319 · New York Supreme Court · Aug 4, 2011

Katrina Colistra, a licensed psychologist, who was qualified by the court as an expert in the field of psychology, testified on behalf of petitioner. Respondent presented no witnesses. … Such a result clearly would be contrary to the Legislature’s stated intent to protect the public by ensuring that individuals convicted of sex offenses receive supervision and treatment necessary to protect the public against

In re Port Authority Trans-Hudson Corp.

48 Misc. 2d 485 · New York Supreme Court · Dec 10, 1965

Morris’ estimate clearly exceeds the actual expenditure by more than $200,000. How he attempts to account for it, is remarkable and unacceptable. … It clearly is not located in the .same or adjoining street or within the same business center.