Case law

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.

Barnes v. Allen

30 Barb. 663 · New York Supreme Court · Feb 13, 1860

The evidence offered by the defendant, of a general report that the plaintiff ill treated his wife, was clearly inadmissible; and as the exception is not noticed in the points of his counsel on this appeal, we assume it to … exists are not sufficient; and if they will not justify her in violating her obligations, she cannot, by representing to others that cause exists, by which they encourage, advise and assist her in such violation, extend immunity

Juman v. Louise Wise Services

159 Misc. 2d 314 · New York Supreme Court · Feb 9, 1994

To qualify for these subsidies, most programs require the prospective parents to apply before the adoption is finalized. … Under the circumstances of this case, granting plaintiffs’ application will not contravene that policy, which does not consider immunizing an adoption agency from tortious conduct a reason to seal adoption records.

Doe v. Roe

139 Misc. 2d 209 · New York Supreme Court · Mar 14, 1988

Before this question can be addressed, the present level of knowledge concerning AIDS and AIDS testing, as well as special problems such testing raises, relevant case law and clearly expressed public policy must all be reviewed … AIDS is the clinical manifestation of a dysfunction of the *211 human immune system caused or at least widely thought to be caused by a recently discovered virus.

Kulesa v. Office of Court Administration

158 Misc. 2d 194 · New York Supreme Court · May 28, 1993

The evidence adduced at the hearing established that the experience restriction placed against a qualifying test candidate’s name was capable of being removed by Mr. … Palmer-Schmitt, finds them clearly qualified for the position sought, it was this hearing and the court’s inquiries that established their qualifications and not some formal mechanism or process adopted by the Office of Court

Diamond v. Martin-Deichsel Leather Co.

67 Misc. 2d 341 · New York Supreme Court · Jul 12, 1971

Clearly, the alleged defense set forth in paragraphs “ 5 ” and “ 6 ” of the answer and the alleged counterclaim, contained in paragraph “ 7th ” thereof, are without merit and are not valid legal defenses as a matter of law … It is now well established that “ The abatement and prevention of water pollution is a matter of state concern, and legislation designed to regulate and control such pollution is within the scope of the state’s police power

Levin v. Schickler

155 Misc. 372 · New York Supreme Court · Mar 18, 1935

The defendant insists that this testimony does not have “ the effect of qualifying, altering or * * * inverting the relative liabilities which the law-merchant would otherwise assign to them.” (Macdonald v. … One fact established may impel another fact or a conclusion. Facts beget facts. Reasonable inferences which proceed from established facts constitute evidence. A fact cannot be removed from its setting.

Dort v. Aylmer

176 Misc. 2d 620 · New York Supreme Court · Mar 27, 1998

The first two conditions have clearly been satisfied in this case. … Wylie’s papers in opposition to the cross motion include an assertion that the discharge in bankruptcy makes him immune from suit on the claim but his motion to dismiss is based on the Statute of Limitations and not discharge

Newton v. Lewis

118 Misc. 382 · New York Supreme Court · Apr 15, 1922

He is the protector of all its rights, privileges and immunities and is in the very place and stead of its founder to supervise and take care that all the statutes made by the founder or other legal authority be duly kept … As visitor he derived his being, power and authority from the founder; and if he gave him authority in some things and cases and not in others, and qualified and limited such power the visitor could not exceed the power and

Sgambelluri v. Recinos

192 Misc. 2d 777 · New York Supreme Court · Sep 4, 2002

The burden of demonstrating that particular items are exempt or immune from disclosure is on the party asserting such immunity. (Salzer v Farm Family Life Ins. Co., 280 AD2d 844 [3d Dept 2001].) … When one party seeks to discover personal items of another party, the relevancy of the discovery request must be established.

Brooklyn Central Rail Road v. Brooklyn City Rail Road

32 Barb. 358 · New York Supreme Court · Sep 10, 1860

The burden of establishing the existence of this contract rests upon the Central Company. … For the legal idea of a franchise is an immunity, a privilege, a legal right to the enjoyment of something beneficial to the grantee which is withheld from others.

Lincoln First Bank v. Spaulding Bakeries Inc.

117 Misc. 2d 892 · New York Supreme Court · Feb 8, 1983

Immunity of public lands from such foreclosure has a long history and should not now be changed without direction from the Legislature. … Section 22 of the Lien Law would clearly subordinate interests in realty only to valid subsequent liens.

Friedman v. Delaney

147 Misc. 154 · New York Supreme Court · Mar 28, 1933

The evidence establishes clearly that bis dismissal was due to the fact that his position, along with many others, was “ abolished for reasons of economy.” (Civ. Serv. Law, § 22.) … It is not enough that the petitioner may be as well qualified *156 to fill a vacancy as one provisionally appointed to fill it.

People v. Smays

156 Misc. 2d 621 · New York Supreme Court · Jan 6, 1993

Presumably in an attempt to establish that the defendant possessed intent to sell cocaine, the Assistant District Attorney asked the defendant how he obtained money. … The question clearly called for the defendant to reveal the substance of his communication with counsel in the Grand Jury room. *630 The Assistant District Attorney’s conduct undermined the integrity of the Grand Jury proceeding

Pocket Books, Inc. v. Meyers

178 Misc. 59 · New York Supreme Court · Jan 17, 1942

Nothing created by man is immune from competition, either fair or foul. … The identification of the publisher on the cover is clearly distinguishable.

Beach v. Child

13 Wend. 343 · New York Supreme Court · Jan 15, 1835

After describing the privileges granted and restrictions imposed, he adds: “ It being hereby intended to convey the said mill site number seven, with the same privileges and immunities, and subject to the same limitations … Under this maxim, the remedy on the case would be appropriate, if the injury was established, and is the only one at law to which the plaintiff can resort, Carroll owning the fee, and being tenant in common with the defendant

Schmid v. De Grauw, Aymar & Co.

27 Misc. 693 · New York Supreme Court · Jun 15, 1899

The motion papers show clearly that confusion has already arisen ■ through the similarity of names, and it seems to be inevitable that it will continue to arise. … All of the material facts which, under the case above cited, entitle the plaintiff to an injunction, are either admitted, or so clearly proven, that it seems quite improbable that a different state of facts will be established

Town of Hempstead v. Goldblatt

19 Misc. 2d 176 · New York Supreme Court · Jul 13, 1959

However, it is firmly established that a prior nonconforming use, whether judicially declared or not, does not make it immune against laws, ordinances and regulations of a police nature such as the one now in issue (Queenside … Even without the benefit of the presumption of validity the provisions of the ordinance are clearly suited for the curtailment of the obvious dangers.

Del Broccolo v. Torres

4 Misc. 3d 510 · New York Supreme Court · Jun 16, 2004

Further, to grant summary judgment, it must clearly appear that no material triable issue of fact is presented. … Nonetheless, regarding the qualified personal residence trust, to this court’s satisfaction, the reasoning of the Court of Appeals in the above two-noted decisions is not present as it relates to the qualified personal residence

Gannon Personnel Agency, Inc. v. City of New York

103 Misc. 2d 60 · New York Supreme Court · Sep 26, 1979

Clearly the gas piping installation which the city inspector approved did not comply with the rules and regulations. … Nevertheless, there are certain principles which seem to be established in utterance, if not in consistent application. (1) The State or municipal government, having waived sovereign immunity, may be liable on the same general