Case law

Woods v. Srinivasan

34 Misc. 3d 632 · New York Supreme Court · Sep 29, 2011

about December 11, 2006, petitioner filed for administrative appeal with the BSA. 6 He requested that the BSA clarify the correct interpretation of NY City Zoning Resolution § 23-49 regarding whether the subject building qualified … At these variance hearings, petitioner claimed that the architect followed established procedures for the approval of the building plans. (Id. at Rl.)

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.

Drake v. Hudson River Railroad

7 Barb. 508 · New York Supreme Court · Dec 18, 1849

upon and along the centre of Hudson-street, from Canal to Chambers-street, for the double track of said railroad, enclosing within the rails so laid 16 feet in width of the middle of said streets; but which allegation they qualify … It was clearly raised by the demurrer of *553 the plaintiff to the defendants’ plea. The plaintiff declared in trespass quare clausum fregit.

Cortes v. Mujica

55 Misc. 3d 914 · New York Supreme Court · Dec 28, 2016

Petitioners also maintain that the interests they are asserting clearly fall within the zone of interests sought to be promoted by the appropriation legislation since the legislation is intended to improve education programs … on a *934 school’s “persistently failing” designation throughout the grant period, they should not have approved a spending plan that provided for an award of the full two-year transformation grant allocation without any qualifying

Commandeer Realty Associates, Inc. v. Allegro

49 Misc. 3d 891 · New York Supreme Court · Aug 18, 2015

It is well-established that “prohibition does not lie against strictly administrative action, but only against judicial and quasi-judicial action. … Here, the petitioners’ first cause of action alleging that the prior jurisdiction rule deprives the respondent municipalities of taking action on the BG/SBG petitions clearly relates to a matter of jurisdiction.

In re the Rehabilitation of the Bond & Mortgage Guarantee Co.

157 Misc. 240 · New York Supreme Court · Nov 12, 1935

Legislature set forth its purpose to confer “ power upon a new state agency to act promptly and to encourage, promote and facilitate self-organization by the holders of mortgage investments until such time as there may be established … When the language of a statute clearly requires a retroactive construction it must be so construed though thereby it is held to be unconstitutional. (Westervelt v. Gregg, 12 N. Y. 202 .)

Borek v. Golder

190 Misc. 366 · New York Supreme Court · Sep 19, 1947

properties not deemed to be or legally held for a public purpose or use, for the purchase of other properties at a price in excess of the true and actual value of same as shown through appraisals heretofore made by competent and qualified … Section 33.00 of the Local Finance Law so provides but clearly indicates that its purpose is to regulate the issuance of bonds and notes of a municipality. Mo such obligation is provided for by this Contract.

People ex rel. New York & Harlem Railroad v. Havemeyer

47 How. Pr. 494 · New York Supreme Court · Jul 1, 1874

ascertained by a tribunal specially organized and created for that purpose, and which, composed as it was of men of conceded integrity, ability'and learning, acting under the sanctities of an oath, was infinitely *501 better qualified … Y., 419 ), wherein it is most clearly stated and explained, has been well recognized in this state, and repeatedly followed since. Sixth.

Braddock v. Shwarts

New York Supreme Court · Oct 6, 2023

Palmetto Partners, L.P. v AJW Qualified Partners, LLC , 83 AD3d 804, 808 [2d Dept 2011] [where documentary evidence conclusively establishes a defense to the claim, such as lack of damages, dismissal is warranted]). … Accordingly, the Financial Advisory Agreement clearly establishes that Zaycon was unilaterally responsible for its own decision-making, and that Vertical was not legally responsible for any business decision Zaycon elected

National Park Bank v. Ninth National Bank

55 Barb. 87 · New York Supreme Court · Jun 7, 1869

The rule, as claimed by the defendant, has never been established by decisions in this State. … That he has made an admission which is clearly inconsistent with the evidence he proposes to give; 2d. That the other party has acted upon the admission; and 3d.

Dennis v. Tishman

141 Misc. 847 · New York Supreme Court · Aug 12, 1931

, or that the facts sought to be established by such testimony, if proven, would not warrant a recovery, or constitute a defense, as the case may be.” … It was clearly irregular in the two jurors to separate from their fellows. But this does not affect the merits of the case, as between the parties.

Andrews v. Herriot

4 Cow. 508 · New York Supreme Court · Aug 15, 1825

Rep. 693,) shows how far the rule is to be qualified by the law of the foreign country. … If he had recovered it in an adverse suit with the assignees, he would clearly not be liable.

State of New York v. Oren-Pines

New York Supreme Court · Mar 28, 2023

"By qualifying its response to the [Proposal] with pages of material additional terms ( i.e. , Appendix A and Appendix B), the State did not accept Oren-Pines's offer; rather, it rejected it and made a counteroffer" ( id … Itoh , 552 F2d at 1236), "[c]onduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract" (

Kavanaugh v. Cohoes Power & Light Corp.

114 Misc. 590 · New York Supreme Court · Mar 15, 1921

Adams, named as one of the executors and trustees, alone qualified as such and continued to be and act as such executor and trustee until after the sale of the premises in question to the plaintiff herein. … On the contrary the situation which had existed between those parties would justify the conclusion that an intent to include the additional eight and leighty-two one-hundredths mill- *627 power should have been clearly expressed

Neilson v. Ella Realty Co.

117 Misc. 213 · New York Supreme Court · Dec 15, 1921

denial of the allegations of the complaint that it was the duty of the defendant company to keep the buildings upon said premises insured against loss by fire for the benefit of the plaintiff, and such denial is no way qualified … As I am clearly of the opinion, from a consideration of the whole case, that plaintiff has not established any cause of action against either the defendant company or the defendant executors, it will not be necessary ■ for

Stuart's LLC v. Edelman

New York Supreme Court · Apr 9, 2018

Moon said that Kim "clearly mentioned profit sharing, but I just heard sharing" (pp 1831 - 1836). … Testimony of Howard Fielstein Howard Fielstein, a partner in Citrin Cooperman and Company, is an accounting expert designated by Plaintiffs and qualified by the court (pp 2021 - 2026).

Offshore Exploration & Prod., LLC v. De Jong Capital, LLC

New York Supreme Court · May 24, 2023

DJC is bringing a unique 20 year skill set/track record . . . and clearly helping create the investment opportunity here" (NYSCEF 41). Plaintiff wrote back, "I am not prepared to go any higher on the cap . . . … [FN1] Under certain circumstances, lost profits may qualify as general damages ( Biotronik A.G. v Conor Medsystems Ireland, Ltd. 22 NY3d 799, 805 [2014]).

Findley Lake Property Owners, Inc. v. Town of Mina

31 Misc. 2d 356 · New York Supreme Court · Jun 26, 1956

On him who asserts a public nuisance *378 rests the burden of establishing it beyond a reasonable doubt. … The rule of unrestricted use so clearly enunciated in the Cromwell case (supra) in 1850 has been cited through the years.

Mercein v. People ex rel. Barry

25 Wend. 63 · New York Supreme Court · Dec 15, 1840

But it is enough that this is clearly an illegal covenant. *61 The next question relates to the conclusive effect of the prior proceedings before the recorder and the chancellor. … On the establishment of civil societies, the power of the chief of a family as sovereign, passes to the chief or government of the nation.

Board of Education v. Nyquist

94 Misc. 2d 466 · New York Supreme Court · Jun 23, 1978

Other regulations limit the case loads of teachers who service not only children with severe speech impairment but others with speech impairments who do not qualify as being severely speech impaired. … The findings of fact as revised are set forth in a separate document clearly showing matter eliminated, retained or modified which is being filed simultaneously with this decision.