Case law

Libertella v. Maenza

21 Misc. 2d 317 · New York Supreme Court · Aug 24, 1959

police and fire protection goes to its citizens and residents as a whole and a duty running to the public generally does not inure to a member of the public individually, save only in such instance where the Legislature clearly … The waiver of sovereign immunity by section 8 (formerly § 12-a) of the Court of Claims Act simply subjects the State and its subdivisions to the same liability as individuals or corporations.

Angelora v. Kern

177 Misc. 803 · New York Supreme Court · Mar 24, 1941

Subsequently they were required to take a qualifying examination. … containing the names of those thus marked qualified.

City of New York v. New Saint Mark's Baths

130 Misc. 2d 911 · New York Supreme Court · Jan 6, 1986

Mark’s) as a step to limit the spread of the disease known as AIDS (Acquired Immune Deficiency Syndrome). … Clearly, plaintiff Department of Health had discretion to pursue the remedy of civil injunctive relief.

Steger v. Farrell

35 Misc. 2d 614 · New York Supreme Court · Aug 15, 1962

They would be qualifying examinations, so called, and not deter *617 minative, but, would qualify the successful ones to go before the appointing authority for appointment to the position in “ the discretion of the appropriate … An attempted radical departure from the firmly established policy declared in section 75 to be successful, must be expressed in clear and unequivocal language (Bayonne Textile Corp. v. Am.

Stevens v. Phœnix Insurance Co. of Hartford

24 How. Pr. 517 · New York Supreme Court · Mar 15, 1863

When they avail themselves of this comity and of the privileges thus conferred, and transfer their business, or any part of it, to another state, and establish agencies within such state, although they remain inhabitants … I think the case is clearly within the qualification of the rule plainly implied in the Louisville, &c. R. R. Co. agt. Letson.

Watchtower Bible & Tract Society, Inc. v. Metropolitan Life Insurance

188 Misc. 978 · New York Supreme Court · Mar 12, 1947

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights and liberties of citizens.” … In the opinion of this court, the answer to those questions is clearly “ No This answer is fortified by the case of Brendlin v. Beers ( 144 App. Div. 403 [1st Dept.]).

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.

In re the Director of the Assigned Counsel Plan

159 Misc. 2d 142 · New York Supreme Court · Jul 27, 1993

Bodek as a social worker was qualified to conduct such a review[.]” … Clearly, they are not reviewable by the Director.

People v. Williams

129 Misc. 2d 501 · New York Supreme Court · Sep 3, 1985

The purpose of section 190.50, as clearly defined by Judge Bellacosa in his Practice Commentary (McKinney’s Cons Laws of NY, Book 11A, p 279), is "designed to prevent a district attorney from depriving a defendant of the … The question of irregularity raised by the defendant would be academic if even now he states his desire to testify and waive immunity.

Whitbeck v. New York Central Rail Road

36 Barb. 644 · New York Supreme Court · Jun 2, 1862

It was objected, by the defendant’s counsel, that the witness had no knowledge of these particular trees, and was therefore incompetent, even if opinion was competent evidence by which to establish value. … The witness was shown, I think, to be qualified to express an opinion on the subject.

Board of Supervisors v. State Department of Social Services

58 Misc. 2d 45 · New York Supreme Court · Jun 29, 1968

The documentary evidence submitted to the court upon the oral arguments of the parties tends to establish, contrary to the contention of the respondents, that Mr. … Dombrowski, was the exclusive instrumentality for approving and certifying candidates as qualified for the position of County Commissioner of Social Services.

Richard's Service Station, Inc. v. Town of Huntington

79 Misc. 2d 834 · New York Supreme Court · Oct 26, 1974

The tow truck operator seeking to qualify for the approved list who does not own, lease or operate an automobile body establishment must execute an affidavit to the effect that he (1) is the owner of a licensed tow truck … Clearly, the motoring public is at a disadvantage in such circumstances and it is then that the unscrupulous take unfair advantage.

Vinnie Montes Waste System, Inc. v. Town of Oyster Bay

150 Misc. 2d 109 · New York Supreme Court · Jan 10, 1991

Plaintiffs’ interests are clearly in the nature of a "unilateral expectation” (Presidents’ Council of Trade Waste Assns. v City of New York, supra). … Essential to a claim under 42 USC § 1983 is conduct which deprives a person of rights, privileges or immunities secured by the Federal Constitution (Parratt v Taylor, 451 US 527, 535 ).

Clark v. Lynch

46 Barb. 68 · New York Supreme Court · Jun 26, 1866

I now proceed to state several propositions which I thinlr *81 may be gathered, from and held to be fairly established by adjudged cases. I. … This rule is nowhere better or more clearly expressed than by Chief Justice Shaw in Daggett v.

East River Realty Co. LLC v. New York State Department of Environmental Conservation

22 Misc. 3d 404 · New York Supreme Court · Oct 21, 2008

Here, this court need not choose between these two cases as there were clearly more than de minimis problems on the sites. … To address the problem in New York State, in 1994 DEC established the VCP for brownfield sites not included in the Superfund programs.

People v. Rand

136 Misc. 2d 1034 · New York Supreme Court · Sep 8, 1987

that this court quash the Grand Jury subpoena duces tecum, the petitioners have wisely eschewed reliance upon the "absolute privilege” accorded to reporters by New York’s Shield Law (Civil Rights Law § 79-h), as it is well established … Clearly, no such showing is possible here.

Town of Fenton v. Tedino

78 Misc. 2d 319 · New York Supreme Court · Feb 22, 1974

While this argument does have a certain logical appeal, the law in this State is clearly to the contrary. Section 123 was promulgated specifically to prevent illegal traffic in alcoholic beverages. (Matter of J. R. … This is not to say that the town has no power to enact zoning ordinances which infringe on the right to sell alcoholic beverages or that an individual licensed by the State can violate such local rules with immunity.

Mastrangelo v. State Council of Parks

42 Misc. 2d 650 · New York Supreme Court · Mar 24, 1964

Respondents contend that petitioners are barred from obtaining relief by the long-established rule of Doolittle v. Supervisors of Broome County ( 18 N. … Y. 516 ) where the court stated: “ From the reported decisions it clearly appears to be the established law of this State that an individual taxpayer is without capacity to maintain an action for a declaratory judgment to

Connolly v. Stand

192 Misc. 872 · New York Supreme Court · Oct 1, 1948

It is qualified by this language: ‘ ‘ but no such amendment shall repeal or change any limitations contained in this charter on any power.” … Section 30 of the City Home Rule Law establishes clearly that no action can be taken under it which would conflict with the existing Rapid Transit Law.

Winsman v. Lyons

196 Misc. 1010 · New York Supreme Court · Jun 3, 1949

Consequently he claims no eligible list has been established. … Writing for the court he said: ‘ ‘ The appointment in the first instance was clearly ‘ temporary ’ as that term is employed in the Civil Service Law.