Case law

Sidnam v. Town of Lewisboro

129 Misc. 2d 622 · New York Supreme Court · Aug 28, 1985

On the facts in this case, the court finds that the petitioner has established entitlement to the agricultural value assessment for the 19.221 acres of his property devoted to hay fields. … The statute, in this court’s opinion, clearly indicates that where the agricultural value assessment has been granted by the assessor and a conversion of the property from agricultural to other uses follows, then the penalties

In re the Incorporation of Village of Purchase

54 Misc. 2d 1049 · New York Supreme Court · Oct 5, 1967

The papers presented do not establish, however, that any voter was actually intimidated, and it does not appear that any qualified voter was prevented from voting or that any person who was not a qualified voter was permitted … Clearly, also, such property owners need not be listed in the town register, or in the registration poll records for the last preceding general election.

Merced v. City of New York

142 Misc. 2d 442 · New York Supreme Court · Feb 6, 1987

De Long (supra) clearly intimates that local governments will be held liable if they either fail to establish reasonable procedures for 911 apparatus or if such procedures are established, they are ignored or departed from … The plaintiff, in the present case, clearly falls within the exceptions that Judge Wachtler and Judge Keating envision.

Paduano v. City of New York

45 Misc. 2d 718 · New York Supreme Court · Feb 15, 1965

Y. 93, 97 ) the court stated: “ Clearly section 558 of the New York City Charter endows the Board of Health with a broad discretion in the selection of measures hy which public health may be protected within the field of … The testimony is summarized in affidavits submitted to the court by highly qualified experts, researchers and engineers.

State v. J.R.C.

47 Misc. 3d 969 · New York Supreme Court · Feb 25, 2015

In Hambsch , the Court said only that “[i]n order to qualify for the ‘professional reliability’ exception, there must be evidence establishing the reliability of the out-of-court material” ( 63 NY2d at 726 ). … , there must be evidence establishing the reliability of the out-of-court material’ ” (id. at 89).

People ex rel. Flaxman v. Hennessy

74 Misc. 166 · New York Supreme Court · Nov 15, 1911

subject-matter should be harmonized and effect given to all, so far as practicable; but the difficulty, if any, here is, that the right to damages for a change of" grade is given solely by section 951, and that section clearly … Statutes which are plain and explicit are not to be qualified by construction on the mere ground that the court deem the legislation unwise or indiscreet. Hyatt v. Taylor, 42 N.

Kerns v. Whiting

187 Misc. 656 · New York Supreme Court · Sep 25, 1946

Section 137 provides that signers shall be qualified voters, i.e., qualified to vote “ on the day of election.” The only provision regarding registration is found in subdivision 4 of the section. … Y. ( 169 Misc. 589 ), to the contrary, clearly represents a minority viewpoint. It was proven at the hearing that six signatures were not genuine. Those are ordered stricken out.

People v. Harris

173 Misc. 2d 248 · New York Supreme Court · May 28, 1997

The evidence submitted must be competent, admissible and legally sufficient to establish that a crime was committed and that the accused committed it (CPL 190.65 [1]). … Instead, he clearly stated his intention to restrict his testimony to self-serving mitigating evidence about his background and character, irrelevant to the Grand Jury investigation.

People v. Linick

105 Misc. 2d 942 · New York Supreme Court · Jun 23, 1980

ground that they are time barred by the applicable Statute of Limitations, pursuant to GPL 210.20 (subd 1, par [f]); inspect and dismiss as to the perjury count on the grounds that the evidence was not legally sufficient to establish … The statutory provisions cited above are clear that the conferring of immunity in a proceeding other than a Grand Jury in the State of New York involves a clearly defined three-step procedure.

Shawmut Engineering Co. v. Public Service Commission

135 Misc. 2d 345 · New York Supreme Court · Apr 28, 1987

PURPA requires utilities to purchase electric energy from qualifying facilities. … "Avoided costs” are defined as "the incremental costs to an *347 electric utility of electric energy or capacity or both which, but for the purchase from such qualifying facility or qualifying facilities, such utility would

People ex rel. Kaminstein v. Brooklyn State Hospital

49 Misc. 2d 57 · New York Supreme Court · Jan 19, 1966

The case would be the same if a newly enacted statute were to grant immunity to all witnesses in a criminal trial who involuntarily testify against an accomplice but deny immunity to those who voluntarily do so and, by the … language of the same statute, a Trial Judge were to be enjoined to induce witnesses to testify voluntarily so that they be denied immunity.

Mabee v. White Plains Publishing Co.

180 Misc. 8 · New York Supreme Court · Apr 27, 1943

only when he qualifies under A, and also under any one of the subdivisions of B numbered (1), (2), (3), or (4) of section 541.2 as amended; and in a bona fide professional capacity only when he qualifies under subdivisions … The law is clearly established that in the absence of contract or definite arrangement the “ regular rate at which he (an employee) is employed ” is determined by dividing his weekly salary by the actual hours worked each

Eldre Components, Inc. v. Kliman

47 Misc. 2d 463 · New York Supreme Court · Sep 1, 1965

Apprehensions will not qualify as irreparable injury or justify the issuance of a preliminary injunction. … established in the affidavits as to authorize this court to restore and continue the injunction pendente lite.”

Hacker v. City of New York

46 Misc. 2d 1003 · New York Supreme Court · May 26, 1965

City of New York , 6 A D 2d 30). “ The State and every political subdivision have unconditionally surrendered their sovereign immunity. … It cannot be gainsaid that in the performance of a police officer’s duty, the quick use of his firearm is clearly a possible necessity.

Welles v. New York Central Railroad

26 Barb. 641 · New York Supreme Court · Mar 1, 1858

King, (16 id. 477,) and 5 Indiana, (Porter,) 340, fully^establish the rule that the common law liability of a carrier applies in such cases to all injuries resulting from negligence. … But in the last case Judge Gardiner says, “ Although the law will not suffer a man to claim immunity by contract against his own fraud, I know of no reason why this may not be done in reference to fraud or felony committed

In re Allen

178 Misc. 541 · New York Supreme Court · Apr 23, 1942

Assuming the validity of such exculpatory clauses, their effect may be to afford the trustees immunity from personal responsibility, but certainly the exculpatory clauses could not bar the removal of trustees if it should … be established that they violated their trust or are unfit persons to remain as trustees.

Luce v. Carley

24 Wend. 450 · New York Supreme Court · Oct 15, 1840

Clearly the court below could not do otherwise than held the Smiths bound by that arrangement. … A lease to his [ *455 ] grantor is a lease to him, and so of a license ; so of every *thing by which the grantor has encumbered or qualified his estate.

Goldstein v. Mills

185 Misc. 851 · New York Supreme Court · Sep 13, 1945

of the statute itself it is clear that petitioner is in error in his contention that an educational corporation which holds itself out to the public to be nonsectarian is not entitled to a tax exemption until it is first established … In the court’s opinion, a fair construction of the statute is that it clearly sets forth a legislative policy to the effect that no' tax-exempt nonsectarian educational institution shall discriminate against an individual

People v. Brigante

131 Misc. 2d 708 · New York Supreme Court · Apr 11, 1986

He selected defendant’s establishment from among several in the Preston Court area after he checked police reports and ascertained that the premises had not been inspected recently by any other team. … Vague suspicions of criminality should not confer immunity from regulatory inspections upon the subject premises.

Bonesteel v. Flack

41 Barb. 435 · New York Supreme Court · Jan 5, 1864

Does- the written bill establish a contract of sale? … The bill of sale is unambiguous, and even if it fails to state the whole contract or transaction, it clearly declares a sale.