Case law

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.

Russo v. New York City Housing Authority

44 Misc. 3d 401 · New York Supreme Court · May 19, 2014

HPD issued the certificate of eviction because petitioner could not establish that he qualified for succession rights. … Russo to introduce evidence in her favor, she clearly had a duty to ensure that the hearing comported with due process, particularly in light of NYCHA’s finding that Ms.

Blaustein v. Pan American Petroleum & Transport Co.

174 Misc. 601 · New York Supreme Court · Jun 8, 1940

Both Pan Production and SO&G were qualified to do business under article 1302. … Even more clearly in this principle expressed in Martin v. Martin Co. ( 10 Del.

Kallista, S.A. v. White & Williams LLP

51 Misc. 3d 401 · New York Supreme Court · Jan 7, 2016

This statutory construction dates back to the 1884 decision of the Court of Appeals in Looff v Lawton ( 97 NY 478, 482 [1884]), where in construing the predecessor statute, the Court stated: “The ‘party’ referred to is clearly … Further, it is not always necessary for a person who represents a party before an agency to be an attorney; indeed, admission to practice as an attorney may not itself be sufficient to qualify a person to represent a party

Verizon New York Inc. v. New York State Public Service Commission

46 Misc. 3d 858 · New York Supreme Court · Jul 31, 2014

At the outset, the statute clearly delineates three types of information to be protected: (1) “trade secrets”; (2) records “submitted to an agency by a commercial enterprise”; and (3) records “derived from information obtained … Fontana, Mun Liab L & Prac § 19.27 [2014] [Trade Secrets/Substantial Injury] (P.O.L. section [2] [D]): “(e)ven if the requested records do not qualify as trade secrets, they may qualify for the exception based on the ‘substantial

Hill v. International Products Co.

129 Misc. 25 · New York Supreme Court · Nov 10, 1925

Moreover, many of his statements along this fine were clearly of a promissory character. … to my mind clearly that the cattle were not free and unincumbered, but on the contrary from early 1918 had been pledged to the National City Bank as “ guarantee ” for the repayment of overdrafts.

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

10 N.Y. Sup. Ct. 97 · New York Supreme Court · Dec 15, 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 better qualified … Mayor of Brooklyn, § wherein it is most clearly stated and explained, has been well recognized in this State, and repeatedly followed. Sixth.

Loubat v. Le Roy

15 Abb. N. Cas. 1 · New York Supreme Court · Sep 15, 1884

It is possible that the voters made a mistake in qualifying their ballots as they did ; upon the trial I suggested that the words might be regarded as surplusage. … But in such deduction he was clearly in error.

Moulton v. Beecher

1 Abb. N. Cas. 193 · New York Supreme Court · Sep 15, 1876

The reference to the not. pros, only indicates the manner of the termination, but does not qualify the fact of the termination. I. … If tMs proceeding does not prevent such actions from being brought, then the public interest clearly demands that some form of proceeding should be invented for that purpose, for, at the present day, the unwillingness of

People v. Livingston

8 Barb. 253 · New York Supreme Court · Apr 8, 1850

, the difficulty of correctly locating the patent of 1685 will be perceived ; and before it can be urged with force that the government was deceived as to the extent off the tract granted by the patent of 1686, it ought clearly … To have, hold, exercise, occupy, possess and enjoy all their and every of their former rights, customs, prerogatives, privileges, pre-eminences, practices, immunities, liberties, franchises, royalties and usages whatsoever

State v. Gary C.

56 Misc. 3d 1017 · New York Supreme Court · Jun 5, 2017

The 2011 *1022 conviction is the qualifying offense for purposes of article 10. … On appeal, the Court held that respondent’s confinement was based upon legally insufficient evidence and held that the Mental Hygiene Law “clearly envisages a distinction between sex offenders who have difficulty controlling

Molson's Bank v. Boardman

54 N.Y. Sup. Ct. 135 · New York Supreme Court · Jan 15, 1888

That although the directors who made the call might not have been all duly qualified, they nevertheless acted bona fide, and their acts were not, consequently, null. (4.) … Held, that the company, having become insolvent and its stock worthless, S. was not bound to sell it, and F. was clearly liable for one-half of the price paid for the stock.

People v. Livingston

8 Barb. 253 · New York Supreme Court · Apr 8, 1850

, the difficulty of correctly locating the patent of 1685 will be perceived ; and before it can be urged with force that the government was deceived as to the extent off the tract granted by the patent of 1686, it ought clearly … To have, hold, exercise, occupy, possess and enjoy all their and every of their former rights, customs, prerogatives, privileges, pre-eminences, practices, immunities, liberties, franchises, royalties and usages whatsoever

Freedman v. Montague Associates, Inc.

18 Misc. 2d 1 · New York Supreme Court · May 19, 1959

rule 113 of the Rules of Civil Practice for summary judgment dismissing the amended complaint herein on the ground that the affirmative defense pleaded thereto is sufficient as a matter of law and is founded upon facts established … , was his desire to regain the friendship of the defendants and to induce them to *10 resume doing business with him, which they had refused to do during the pendency of the action, said purpose, however, could scarcely qualify

SCE Envtl. Group, Inc. v. Murnane Bldg. Contrs., Inc.

New York Supreme Court · Dec 4, 2023

In suggesting that the Subcontract was terminated for other reasons, SCE relies on language in MBC's August 9, 2017 termination letter ( see NYSCEF Doc No. 431 at 6) referring to SCE's "poor project management, lack of qualified … Article 8 is directed at "claims for extras or other adjustments" (Subcontract, art 8, § 1), and nothing in its text clearly obliged SCE to file a claim to challenge the termination of the Subcontract.

Fluchtwanger v. Dessar

1 Silv. Sup. 1 · New York Supreme Court · Mar 29, 1889

P. 32, to obtain an order for the examination of a defendant before trial, alleged that the plaintiff’s attorney wished to ascertain whether certain facts existed, and it was held that it clearly enough indicated what he … But in case these matters are incidentally referred to in the affidavit, it does not necessarily qualify the substantial and legitimate purpose of the examination. Id. It was held in Spero v.

Youlu Zheng v. Icahn

New York Supreme Court · Oct 28, 2016

Knauss, the head of the Special Committees, was extremely well qualified. … At trial, it was established that no one did. In view of XO's low stock price, a market check carried risk.

ABN AMRO Bank N.V. v. Dinallo

40 Misc. 3d 180 · New York Supreme Court · Mar 4, 2013

This subsection shall not apply to the purchase or sale of directors’ qualifying shares.” … However, it has already been established that CPLR *211 7803 (4) is not at issue here because an administrative hearing was never held, nor was one required under the Insurance Law.

State v. Ralph P.

53 Misc. 3d 496 · New York Supreme Court · Aug 9, 2016

They don’t qualify for any existing diagnosis. What do we do here, so we come up with some new diagnosis that will fit this need in the system” *531 (Calkins tr at 155). … But the evidence at the hearing clearly demonstrated that the sub-work group was not representative of the broader sex offender psychiatric community.