Case law

People v. Trammell

50 Misc. 2d 179 · New York Supreme Court · Feb 15, 1966

The result might be that the defendant would escape all punishment, although clearly guilty of the crime of conspiracy.” (People v. Tavormina, 257 N. Y. 84, 92-93 .) … It has long been well established that the State has the power to impose conditions with which there must be acceptance if one is to be, or subsequently desires to be, a public officer.

Merber v. 37 West 72nd Street, Inc.

29 Misc. 3d 415 · New York Supreme Court · Jul 9, 2010

The Appellate Division *419 determined that the “trial evidence established, and it [was] not disputed, that the . . . evidence . . . clearly established] that [the] landlord’s expenditures for ‘improvements’ vis-a-vis repairs … The Appellate Division determined that the “trial evidence established, and it [was] not disputed, that the . . . evidence . . . clearly established] that [the] landlord’s expenditures for ‘improvements’ vis-a-vis repairs

Long Island Land Research Bureau Inc. v. Town of Hempstead

203 Misc. 619 · New York Supreme Court · Oct 29, 1952

R. 1324), a Texas case, a missing deed was established by circumstantial evidence. The comment. (67 A. L. … Adverse possession is clearly established by plaintiff. The town attorney concedes the possession but questions its legal effect when applied to a municipality.

Thompson v. Hickey

59 How. Pr. 434 · New York Supreme Court · Jun 15, 1880

The Greenwood Cemetery Association was incorporated for the purpose of establishing a burial ground, and for this purpose it was authorized to acquire a tract of land within the limits of the city of Brooklyn. … By the incorporation of cemeteries, and their preservation as such, it has secured an immunity from disturbance for the dead which could not be obtained through burials in church-yards, which were liable to be unsettled by

Everson v. Carpenter

17 Wend. 419 · New York Supreme Court · Jul 15, 1837

True, his mother, who was eminently qualified to speak to his age, concurred with the father as he had fixed the age on the trial. … The judge was clearly correct in charging, that the note was merely voidable and not void, and that, therefore, it could be made available by a new promise.

O'Brien v. People

3 Abb. Pr. 368 · New York Supreme Court · Mar 15, 1867

Most clearly the prisoner has no cause of complaint as regards this branch of the case. … The evidence is clearly to the contrary.

Heffer v. Spaulding

196 Misc. 583 · New York Supreme Court · Jul 14, 1949

Under said section 181 it was necessary that fifteen persons unite in a request for a meeting U determine whether a central *586 school was to he established. … It clearly seems to me that the provisions of said section 1802 were substantially complied with.

Naphtali v. Lafazan

7 Misc. 2d 1057 · New York Supreme Court · Jun 29, 1957

to the same immunities as his principal.” … or death suffered by a person while riding in another’s automobile to establish that such person was a paying passenger rather than a guest”.

Harpending v. Shoemaker

37 Barb. 270 · New York Supreme Court · Sep 1, 1862

This has long been established. … I am clearly of the opinion, therefore, that the answer to the question was improperly excluded.

Farrell v. Sunderland

173 Misc. 2d 787 · New York Supreme Court · Aug 5, 1997

A review of these documents clearly reflects this deficiency. … In the instant case, the filed petitions clearly reflect the intention of the requisite number of qualified voters to designate the petitioners as their candidates for elective office.

Nimbler v. Felber

111 Misc. 2d 867 · New York Supreme Court · Dec 2, 1981

CPLR 3001 also provides that the court “may render” a declaratory judgment, thereby clearly indicating that the jurisdiction to render a declaratory judgment is discretionary in character. … Orthodox Rabbis of the United States and Canada and the Dutch Board of Chief Rabbis affirmed the principle of rabbinic tenure and indicated that any dispute between a community and its spiritual leader must be submitted to a qualified

V. G. Pfluke Co. v. Papulias

42 Misc. 15 · New York Supreme Court · Nov 15, 1903

This arrangement clearly malees the mortgage fraudulent and void as to creditors. Edgell v. Hart, 9 N. Y. 213 ; Potts v. Hart, 99 id. 168; Boshart v. Kirley, 34 Misc. Rep. 241 . … Actual fraud is not to be presumed, and before found must be established by facts showing such intent. Kibbe v. Herman, 51 Hun, 438 .

Evyan Perfumes, Inc. v. Hamilton

22 Misc. 2d 616 · New York Supreme Court · Oct 23, 1959

It may well be that the attorneys advised that the corporation should not qualify. … The mere fact that reference is made by defendant in one of his affidavits to the terminated action does not ipso facto establish its relevance to the instant proceeding.

National Variety Artists, Inc. v. Mosconi

169 Misc. 982 · New York Supreme Court · Feb 1, 1939

Hence, the alleged libel can only be established by proof of extrinsic facts. Under such circumstances, it is required that the plaintiff allege special damages. (O’Connell v. Press Pub. Co., 214 N. Y. 352 .) … Qualified privilege is a defense where there is no allegation or proof of malice. The complaint sufficiently charges malice to meet a claim of qualified privilege. (Mellen v. Athens Hotel, 153 App. Div. 891 .)

People v. Scala

128 Misc. 2d 831 · New York Supreme Court · Jun 20, 1985

The legislation contemplates the option of reimbursement for the services of such social workers when these services would have been reimbursable if provided by a psychiatrist or certified psycholgist. 11 Clearly, the diagnosis … (1) Status as a nonphysician It has been established that a properly qualified person, although not a physician, may be sworn as a medical expert.

Lush v. Commissioner of Education

16 Misc. 2d 137 · New York Supreme Court · Oct 8, 1957

He questioned the establishment of personal registration. … Moreover, the petitioner’s Exhibit D mailed to the voters before the election clearly stated ‘ If carried, you will have an opportunity to vote for an auditorium to this building ”.

Board of Cooperative Educational Services v. Gaynor

60 Misc. 2d 316 · New York Supreme Court · Aug 20, 1969

The petitioner, Board of Cooperative Educational Services of Nassau County (hereinafter referred to as “BOCES ”) is a duly constituted and established! … When authorized by the qualified voters of the board, to purchase or otherwise acquire buildings, sites or additions thereto, to purchase or otherwise acquire real property for any lawful purpose and to construct buildings

Lindenmuller v. People

33 Barb. 548 · New York Supreme Court · Feb 4, 1861

Christianity is not the legal religion of the state, as established by law. … Christianity may be conceded to be the established religion, to the qualified extent mentioned, while perfect civil and political equality, with freedom of conscience and religious preference, is secured to individuals of

People ex rel. Barnet v. College of Physicians & Surgeons

7 How. Pr. 290 · New York Supreme Court · Aug 15, 1852

. *291 The relator’s rights, and the wrong done to them by the defendants, being thus clearly established in the record, the only question presented to me is, whether a remedy can be afforded by means of a writ of mandamus … And if there is such power of visitation, it ought, clearly, to be applied to before resort be had to the common law courts.

Landby v. New York, New Haven & Hartford Railroad

199 Misc. 73 · New York Supreme Court · Dec 11, 1950

Giving plaintiff the benefit of every favorable inference, under the proven facts, she has failed to establish actionable negligence on the part of either defendant. … It clearly appeared that the decedent ' gratuitously and voluntarily undertook to remedy a dangerous condition well known to him.