Case law

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.

People ex rel. Beck v. Board of Aldermen

18 Misc. 533 · New York Supreme Court · Nov 15, 1896

The relator is clearly a “ practical ” mechanic, because he has devoted himself for several years to the actual drawing of plans for, and the construction of, buildings of various kinds.- I am of the opinion that it is possible … So that the question whether the relator is legally qualified to fill the position he occupies or not is not open for Consideration by the board of aldermen.

Trustees of Columbia University v. Town of Orangetown

93 Misc. 2d 261 · New York Supreme Court · Nov 17, 1976

In the particular area of study at the observatory, it is requisite for those who seek the degrees above referred to to establish by research the basis of a dissertation which in turn must be defended by the applicant before … Clearly, the research done by the students as well as the research done by other nonstudent members, the results of which are made available to the students, are clearly within the educational field.

Empire State Chapter of Associated Builders & Contractors, Inc. v. Smith

30 Misc. 3d 455 · New York Supreme Court · Nov 19, 2010

To set higher dollar thresholds downstate was clearly within the Legislature’s discretion and that act by the Legislature in implementing the 2008 amendments will not be interfered with by this court. … Turning then to the remaining 20 causes of action set forth in plaintiffs’ complaint, although they find a multiplicity of denominations (privileges and immunities [2, 3], Dormant Commerce Clause [4, 5], taxpayer [6], equal

Herlihy v. Metropolitan Museum of Art

160 Misc. 2d 279 · New York Supreme Court · Jan 10, 1994

The claim that there would be a chilling effect on the making of discrimination complaints unless they were absolutely privileged, and the complainants given immunity under all circumstances must yield to accommodate the … Thus, communications made during the course of an investigation into sexual harassment or other improprieties are protected by the qualified privilege.

DeLuca v. New York News, Inc.

109 Misc. 2d 341 · New York Supreme Court · Apr 14, 1981

The text of the article clearly states that plaintiff ceased teaching after receiving injuries from a student assault. … If applicable and operative, any one of these privileges imbues the defendants with total immunity from defamation liability arising out of the article’s publication.

People v. Ass'n of Contracting Plumbers of City of New York, Inc.

57 Misc. 2d 256 · New York Supreme Court · May 23, 1968

Defendants claim immunity because of bona fide labor union exemption in the Donnelly Act. As to this contention, Falciglia v. … Gallagher ( 164 Misc. 838 ) clearly states the rule. *263 That case held that the Legislature had no intention of giving immunity and sanctity to union activities designed not to further the ends of labor, but to advance

Giannicos v. Bellevue Hospital Medical Center

7 Misc. 3d 403 · New York Supreme Court · Feb 1, 2005

Giannicos pending the determination of whether he qualified for an insanity toll to the statute of limitations under CPLR 208. (Id.) The basis of the toll was to ascertain Mr. … construed; and its application must be consistent with the purposes underlying the immunity.”

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 .)

Johnson v. Rich

9 Barb. 680 · New York Supreme Court · Dec 2, 1851

To hold that the legislature may enact laws but shall not prescribe the time, or.event, or condition, upon which they shall *685 take effect, would be to qualify and abridge powers clearly and necessarily vested in them. … By one of the sections of that act it was submitted to the qualified electors of the county to determine the question of retrocession.

Metal Goods & Manufacturers Insurance Trust Fund v. Advent Tool & Mold, Inc.

19 Misc. 3d 608 · New York Supreme Court · Feb 5, 2008

due to failure to make the required contributions or [in] any way ceases to qualify as an eligible Employer. … The Trustees’ authority to issue assessments to the members in the event it is required, is not currently clearly addressed in the trust document.

Consolidated Edison Co. of New York, Inc. v. State Board of Equalization & Assessment

98 Misc. 2d 491 · New York Supreme Court · Feb 28, 1979

While the conclusion reached by this court leaves the equalization rate established by the State Board effectively immune to attack by the owner of a special franchise for incorrectness or inaccuracy, however great, the potential … It was there held that the State Board’s assessment of a special franchise is immune to attack by a municipality.

Gavish v. Rapp

127 Misc. 2d 255 · New York Supreme Court · Sep 6, 1984

What items qualify as “improvements” shall have to be defined with some precision. Under traditional concepts of law, the term “improvements” to the realty is well understood. … Some items would clearly be removable personalty and not qualify as improvements under any definition.

OSJ, Inc. v. Work

180 Misc. 2d 804 · New York Supreme Court · Apr 12, 1999

Defendant Work testified in exchange for immunity against prosecution in criminal proceedings against plaintiff Koen. … The State Legislature clearly recognized the problems presented by false identification as evidenced by their inclusion of such provisions in Alcoholic Beverage Control Law §§ 65 and 65-b.

Doe v. Daily News, L.P.

167 Misc. 2d 1 · New York Supreme Court · Aug 1, 1995

Justices Black, Douglas and Goldberg favored absolute immunity for criticism of public officials. … While absolute immunity protects the press from suit even when the publication is in error, it is equally true that qualified immunity will inhibit the free debate that leads to the truth. (Areopagitica, op. cit.)

King v. Barnes

4 N.Y.S. 247 · New York Supreme Court · Feb 11, 1889

They can claim no immunity under that organization. … Such conduct and refusal was-clearly contumacious. While the order was in force it was the duty of the defendant to obey it, and not to avoid it by subterfuges.

Elite Funding Corp. v. Mid-Hudson Better Business Bureau

165 Misc. 2d 497 · New York Supreme Court · Mar 31, 1995

There is nothing, however, before this court to establish the requisite state of mind. … Moreover, even if said to be a qualified one, to overcome the privilege of fair comment, the plaintiff must *503 again produce evidentiary facts establishing malice on the part of the defendant (Wehringer v Newman, supra,

Silberman v. Katz

54 Misc. 2d 956 · New York Supreme Court · Oct 17, 1967

Clearly the pertinent portion of the San Francisco Charter above quoted is much broader than the analogous provisions of the New York City Charter. … The device sought to be utilized by petitioners — creation of a new office to perform functions clearly beyond the ambit and ability of the city to implement- — -is an obvious attempt to avoid the impact of well-established

People ex rel. National Surety Co. v. Feitner

31 Misc. 433 · New York Supreme Court · May 15, 1900

If it can be shown that it does not impair the actual value of capital stock *436 and surplus, clearly then it is not entitled to immunity from taxation. … Taxation is the rule, exemption the exception, and must be clearly established. No person or property is impliedly exempt, and the statute is to be strictly construed against the claimant. People ex rel.

Maloney v. Nassau County Civil Service Commission

91 Misc. 2d 581 · New York Supreme Court · Jun 24, 1977

This list, established on June 8, 1972, was extended pursuant to section 56 of the Civil Service Law, expired on June 7, 1976. … In the matter before this court, the petitioner is seeking to qualify for an open competitive position.