Case law

Bacon v. Board of Education

205 Misc. 73 · New York Supreme Court · Apr 15, 1953

The other claimed precedents relied upon by the plaintiffs are also clearly distinguishable. The temporary instructor in Dexter v. Board of Higher Educ. of City of New York ( 293 N. … The policy I here deprecate clearly weakens if it does not deprive them of that protection.

People v. Jones

192 Misc. 2d 649 · New York Supreme Court · Aug 30, 2002

Under these circumstances, even more clearly than the defendant in Brady , Miller had waived his right against self-incrimination relating to the robbery, and could not — and did not — refuse to testify on the ground that … testimony in establishing that other portions were intentionally false.

People v. Goetz

135 Misc. 2d 888 · New York Supreme Court · Jun 5, 1987

This evidence clearly would be noncumulative as demonstrated by Allen’s *890 pretrial statements and an interview of him and Troy Canty by the National Enquirer. … Once the defendant establishes a right to the missing witness charge, the burden shifts to the prosecutor to account for the absence of the witness or to demonstrate that the charge would be inappropriate.

Faculty-Student Ass'n of Harpur College, Inc. v. Dawson

57 Misc. 2d 112 · New York Supreme Court · May 11, 1967

Petitioner has established an account to handle Guarneri Quartet moneys. … of incorporation so literally as to defeat the established purpose of fostering education.

Brenner v. City of New York

12 Misc. 2d 311 · New York Supreme Court · Oct 9, 1957

On the present submission it has not been established by the defendant that, with respect to the Brenner group, the suspension had anything to do with pending departmental charges. … On the contrary, insofar as these plaintiffs are concerned, the exhibits clearly demonstrate that the suspension, when made, was with respect to the charges in the Court of Special Sessions — for there were then no other

Beverly Hills Cemetery Corp. v. Rush

201 Misc. 534 · New York Supreme Court · May 18, 1951

It is more specifically alleged that the sole purpose and sole effect of the statute is to deprive plaintiff, and no other cemetery corporation in Hew York State of the privilege and immunity from taxation as conferred by … The evidence adduced clearly established that the plaintiff corporation was organized and was operating for the purpose of realizing pecuniary profit for the corporation, its directors, officers and transferees.

Howard v. Marlin-Rockwell Corp.

156 Misc. 358 · New York Supreme Court · Aug 1, 1935

May 29, 1934, leaving personal property in New York State and a will nominating the plaintiff and the defendant Oscar F, Doering co-executors; that said will was probated in Chemung county, New York, the plaintiff alone qualifying … At page 367 it said: “But even without waiver of immunity, a court of equity took jurisdiction at times over foreign representatives When it was necessary to intervene for the administration of local assets.”

Gonzalez v. Industrial Bank

33 Misc. 2d 283 · New York Supreme Court · Dec 26, 1961

“We give or deny the effect of law to decrees or acts of a foreign governmental establishment in accordance with our own public policy; we open or close our courts to foreign corporations according to our public policy, and … The United States Government does not have an overriding public policy requiring recognition of the lawless act of the Cuban regime which is clearly repugnant to our public policy.

Lentz v. Lentz

117 Misc. 2d 78 · New York Supreme Court · Dec 20, 1982

Under section 402 of the Internal Revenue Code (US Code, tit 26, § 402), a distribution from a qualified plan is taxable to the employee as ordinary income with some exceptions. … Furthermore, the Collins quartet and the Imel decisions are not immune from criticism. Neither line of cases establishes a vested property right in the wife during marriage.

Ramos v. New York City Police Department

127 Misc. 2d 872 · New York Supreme Court · Mar 15, 1985

Upon reexamination, plaintiff was found qualified with regard to his cardiovascular system (heart murmur) but not qualified with respect to his back condition. Plaintiff’s appeal was denied on March 7, 1983. … When a specific limitations period is clearly applicable to a given action, there is no need to ascertain whether another form of proceeding is available for resolution of the dispute.

Burns Jackson v. Lindner

108 Misc. 2d 458 · New York Supreme Court · Mar 31, 1981

Clearly, the policy of noninterference established for the private sector does not apply to the public sector, and strikes by government employees are illegal. *461 The issue here is whether such illegal strikes may also … Defendants seek to immunize illegal means by pointing to the desirability of the end they hope to gain. This they may not do.

Overseers of Poor v. Lunt

15 Wend. 565 · New York Supreme Court · Jul 15, 1836

The cases referred to seem to establish the general rule that a new trial will not be granted in a penal action merely because the verdict is against evidence, if there has been no irregularity, nor tampering with the jury … Day, 2 Strange, 899, the action was for the penalty in killing a hare, not being qualified.

In re Kenney

129 Misc. 708 · New York Supreme Court · Jun 8, 1927

But as regards third persons, the amendment confirmed the right of the Attorney-General in his power of investigation as an administrative official, to establish the breadth and . scope of the judicial proceeding and perhaps … rights of third parties are invaded by requiring them for the public good to submit to examinations; and whether or not an action has been commenced against other persons is of no consequence to them; and the statute has now clearly

In re Grand Jury Subpoenas Served on National Broadcasting Co.

178 Misc. 2d 1052 · New York Supreme Court · Nov 2, 1998

This legislation established the qualified privilege in both civil and criminal cases by requiring disclosure of nonconfidential material only as a last resort. … Clearly, the approach embodied in our statute is not shared by those Federal courts (see, Branzburg v Hayes, 408 US 665 [1972]; Gonzales v National Broadcasting Co., 155 F3d 618 [2d Cir 1998]). .

People v. Lucas

106 Misc. 2d 672 · New York Supreme Court · Dec 4, 1980

The intent of Congress and the court was clearly to limit the scope of immunity protection to the minimum required by the Fifth Amendment. … Kastigar clearly intended no such result.

Greene v. New York City Housing Authority

192 Misc. 293 · New York Supreme Court · Apr 12, 1948

Respondent’s Exhibit B, which is a transcript of the payroll roster record, clearly states the position to be a provisional appointment, and respondent’s Exhibit C, which is petitioner’s application for employment, contains … I think it is clearly established that the appointment was provisional and not permanent and that petitioner accepted it as such.

Posner v. Levitt

67 Misc. 2d 565 · New York Supreme Court · Aug 23, 1971

Clearly, the duty and obligation of the Comptroller under the Constitution and statutory law is to enforce, not to challenge, the law. … So far as the Laws of 1971 established the budgetary scheme he is obligated to obey them. The 1971 budget has been challenged on constitutional grounds (Hidley v.

Celler v. Larkin

71 Misc. 2d 17 · New York Supreme Court · Aug 29, 1972

Petitioner has the burden of establishing that the “ irregularities are sufficiently large in number to establish the probability that the result would be changed by a shift in, or invalidation of, the questioned votes.” … It is the opinion of the court on the basis of all of the foregoing, that petitioner has failed to establish that the irregularities proven by him in this proceeding were of such a nature so as to establish the probability

Agosh v. Town of Cicero Board of Assessment Review

150 Misc. 2d 756 · New York Supreme Court · Apr 4, 1991

outset that the process provided by the small claims assessment review title is unique, and is intended to make possible a residential homeowner’s prompt procurement of correction of an unequal or excessive assessment by a qualified … voluntary reduction of challenged assessments on grievance day to an 8% rate, and because information of assessments of comparable properties was impaired "because serious sampling problems exist”, the RAR issued by SBEA — immune

Brinckerhoff v. Starkins

11 Barb. 248 · New York Supreme Court · Jun 14, 1851

The questions which were raised by the parties, on the trial, do not very clearly appear from the error book. … waters beyond those of the public, for it is well settled that he has not, (ubi sup.) but as an item of evidence tending to establish a qualified property, it is most important.