Case law

IBJ Schroder Bank & Trust Co. v. Bank for Foreign Economic Affairs of the USSR

170 Misc. 2d 294 · New York Supreme Court · Sep 10, 1996

In response to plaintiff’s claim, defendant merely asserts that it is immune by virtue of the Foreign Sovereign Immunities Act of 1976 (FSIA) ( 28 USC § 1602 et seq.). … Weltover, Inc. and the Commercial Activity Exception under the Foreign Sovereign Immunities Act of 1976, 5 Minn J Global Trade 81, 117-118).

Snyder v. Third Department Judicial Screening Committee

4 Misc. 3d 622 · New York Supreme Court · Jun 23, 2004

committees the power to make recommendations to him as to whether the applicants are highly qualified. … However, that is clearly not the case here. The executive order requires the governor to choose from among the candidates recommended by the committee. Thus, it goes far beyond being merely advisory.

In re the Arbitration between Allaire & Allstate Insurance

67 Misc. 2d 712 · New York Supreme Court · Sep 17, 1971

Clearly, then, the issue of ‘ ‘ physical contact ” is a condition precedent to arbitration. … There is no dispute .that the deceased is a qualified person.

Bazinet v. Kluge

196 Misc. 2d 231 · New York Supreme Court · May 29, 2003

dollar amount may be used by participating attorneys as a guide when determining whether the monies are qualified funds.” … Clearly, the conduct alleged here does not approach such standard and thus the claims of gross negligence are dismissed.

People ex rel. Stetzer v. Rawson

61 Barb. 619 · New York Supreme Court · Mar 5, 1872

That question had *630 been determined to the effect that a restricted or qualified jurisdiction, only, could be conferred by the legislature. … This was -clearly a proper conclusion of the warrant.

People v. Mann

102 Misc. 2d 1101 · New York Supreme Court · Feb 22, 1980

After executing a waiver of immunity and in the presence of his attorney, the defendant testified before the Grand Jury that returned the indictments. … On a motion to dismiss, a court may dismiss only if there is insufficient evidence to establish the crime charged or any lesser included offense.

State University v. Syracuse University

206 Misc. 1003 · New York Supreme Court · Oct 1, 1954

As such it has immunity from suit in the Supreme Court. (Breen v. Mortgage Comm. of State of N. Y., 285 N. Y. 425 ; Pauchogue Land Corp. v. Long Island State Park Comm., 243 N. Y. 15 ; Conklin v. … The governmental functions delegated to the corporate instrumentality in that case clearly distinguish it from the one at bar. The motion is granted and the counterclaim is dismissed, without costs. Submit order.

Consolidated Water Co. v. Maltbie

167 Misc. 269 · New York Supreme Court · Apr 19, 1938

This, clearly, is intended, among other things, to authorize relief against confiscation of property in contravention of constitutional immunities, and so it has been frequently construed. … But under a well-established principle of the doctrine of res adjudicata, a party is precluded from litigating again only a question that has been or could have been determined in the prior litigation.

Altman v. Lang

44 Misc. 2d 751 · New York Supreme Court · Jan 4, 1965

The mandate of the Constitution for the selection of qualified civil service candidates, by competitive examinations “ as far as practicable ” (N. Y. … To achieve this desirable end, it must also be deemed within their purpose and intendment that familiar and customary methods of examination need not perpetually control, particularly when other and newer methods clearly

Goodwill Advertising Co. v. State Liquor Authority

40 Misc. 2d 886 · New York Supreme Court · Jul 18, 1962

stating that participation was free and that nothing need be purchased and that all participants should obtain a registration card, that said cards recited that “ participation in Goodwill is free but you must register, then qualify … The fundamental question here is one of law as to whether the undisputed conduct of plaintiff and its licensees, the operators of the retail establishments in question, constituted gambling.

Civic Ass'n of Utopia Estates, Inc. v. City of New York

175 Misc. 2d 779 · New York Supreme Court · Feb 17, 1998

It is well established that a party seeking a preliminary injunction must establish three things: irreparable injury absent the injunction, a likelihood of success on the merits, and that a balancing of the equities favors … DOT argued that the installation of the signal was a Type II action, immune from environmental review.

People v. Martinez

82 Misc. 2d 56 · New York Supreme Court · Apr 29, 1975

In Hopt v Utah ( 110 US 574, 589 , supra), the court noted that Kring’s "judgement of conviction of murder in the second degree was deprived of all force as evidence to establish his absolute immunity thereafter from punishment … And again in Mallet v North Carolina ( 181 US 589, 595 , supra), the court viewed the new statute as depriving Kring’s prior conviction of "all force as evidence to establish his absolute immunity thereafter from punishment

Greens at Half Hollow, LLC v. Town of Huntington

15 Misc. 3d 415 · New York Supreme Court · Sep 18, 2006

[t]he courts” and preempts the establishment of an administrative tribunal. … Clearly, the State Legislature empowered the District Court with the authority and jurisdiction to hear and adjudicate local laws dealing with building and code violations.

City of New York v. DeCosta

176 Misc. 2d 936 · New York Supreme Court · May 26, 1998

PROCEDURAL BACKGROUND The Department of Investigation is a separate 1 agency established by New York City Charter (Charter) chapter 34, with the power and responsibility to investigate the “affairs, functions, accounts, methods … The employee rights provisions would impose significant restrictions on the Department of Investigation’s activities by mandating the automatic immunization (use immunity) to individuals who are investigated, mandating the

In re Plath's Estate

9 N.Y.S. 251 · New York Supreme Court · Mar 28, 1890

The exception is a decision by the prerogative court in New Jersey to the effect that, under the law of that state, a brother has no claim to temporary administration on the ground of kinship, inasmuch as the statute establishing … The class of persons from whom the surrogate may make his selection of a temporary administrator is here clearly and definitely pointed out.

People v. Vizzini

78 Misc. 2d 1040 · New York Supreme Court · May 28, 1974

[vi], § 215.50), had the Legislature wished to create any immunity for strike activity it probably would have done so specifically. … Smith, 56 Misc. 1 ) and is even more firmly established in numerous other Federal, State and foreign jurisdictions. (See collected cases and statutes cited in G.

Dodd v. Warren

132 Misc. 2d 541 · New York Supreme Court · Jul 8, 1986

To grant summary judgment it must clearly appear that no material and triable issue of fact , is presented. This drastic remedy should not be granted where there is any doubt as to the existence of such issues. … This is also consistent with well-established principles limiting municipal liability for breach of a general statutory duty, such as involves the issuance of building permits.

People ex rel. Tiffany v. Campbell

30 N.Y.S. 70 · New York Supreme Court · Jul 14, 1894

We are, therefore, by the very language of the act itself,, required to apply the same rule to a domestic corporation as was applied in the Clock Company Case by the court of appeals, and to hold that the legislature has established … We are clearly of the opinion that the relator, by its dealings with its capital, in not confining its use to manufacturing wholly within this state, has deprived itself, under chapter 353 of the Laws of 1889, of its immunity

Busch Jewelry Co. v. United Retail Employees' Union, Local 830

168 Misc. 224 · New York Supreme Court · Jun 28, 1938

The voluminous proof submitted here conclusively establishes a plethora of acts which clearly protray the atmosphere or setting of this dispute and which focus judicial and public attention upon an important aspect of labor … privileges and immunities and their concomitant obligations and responsibilities.

Taylor v. Dumpson

79 Misc. 2d 379 · New York Supreme Court · Oct 16, 1974

All other nonresponsible relatives would qualify for “ foster care ” assistance. … Clearly, the opposite is indicated.