Case law

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.

Newsday, Inc. v. State of New York Commission on Quality of Care for the Mentally Disabled

158 Misc. 2d 65 · New York Supreme Court · Dec 22, 1992

In addition, there must be a showing of a clear legislative intent to establish and preserve the confidentiality asserted by the agency (supra; see also, Matter of Scott, Sardano & Pomeranz v Records Access Officer of City … Social Services Law § 422 (4) (A) (h) clearly evinces an intent to make reports and investigative files of respondent Commission confidential.

Landau v. Columbia Broadcasting System, Inc.

205 Misc. 357 · New York Supreme Court · Feb 20, 1954

This situation clearly distinguishes the plaintiff from identity with his claimed counterpart. … In fine, it is determined that the plaintiff has failed to establish that the fictitious Sam Henderson was or was likely to be identified as or with him and has therefore failed to establish that the alleged defamation is

People v. Cohen

54 Misc. 2d 873 · New York Supreme Court · Aug 31, 1967

The challenged legislation must be manifestly, undoubtedly, clearly, plainly, substantially and palpably inconsistent with constitutional standards. … When the testimony and the exhibits are viewed in their entirety, they seem to establish beyond peradventure of doubt that no such deliberate, willful and planned discrimination and exclusion, as charged by the defendant,

City of Poughkeepsie v. Town of Poughkeepsie

52 Misc. 2d 721 · New York Supreme Court · Jan 12, 1967

By the 1899 enactment (ch. 563) the Legislature clearly extended an exemption to all city property regardless of its location. … The court is not unmindful of the rule of construction that exemption statutes are not favored and that the language of a statute conferring immunity must be clear and unambiguous and that the legislative purpose to exempt

Rezucha v. Garlock Mechanical Packing Co.

159 Misc. 2d 855 · New York Supreme Court · Dec 23, 1993

Relying on CPLR article 14-A regulating the apportionment of comparative culpability, defendant argues that it needs to show the State’s fault in order to establish its own limited fault and what were the proximate causes … "Clearly the statute was designed to protect potential defendants * * * [with] 'deep pockets’. It essentially forces a plaintiff to sue all alleged tort-feasors.

People v. Hathaway

173 Misc. 2d 701 · New York Supreme Court · Jul 22, 1997

Of course the newly enacted statutes were not immune to the ongoing, even routine process of legislative amendment and/or judicial interpretation. … Thus, the guilty pleas entered and accepted herein clearly comported with the fundamental legislative purpose in enacting CPL 220.10.

Subpoena Duces Tecum to Ayala v. Soto

162 Misc. 2d 108 · New York Supreme Court · Aug 18, 1994

In the case at bar, the journalistic product sought to be protected derived from a clearly nonconfidential source, i.e., Police Officer Thomas Ross. … Clearly, the "30 second” segment broadcast by Court TV on August 7, 1994 no longer qualifies as unpublished news and is no longer afforded statutory or constitutional protection. .

Seligman v. Allstate Insurance

195 Misc. 2d 553 · New York Supreme Court · Feb 10, 2003

The courts also recognize the principle of arbitral immunity in dismissing actions against arbitrators and arbitration panels (see e.g. John St. Leasehold v Brunjes, 234 AD2d 26 [1996]; Austern v Chicago Bd. … Schwartz was found qualified to serve as an arbitrator and was appointed effective January 1, 2002.

Rhema Christian Fellowship v. Common Council of Buffalo

114 Misc. 2d 710 · New York Supreme Court · Jun 11, 1982

That is not to say, however, that a religious use is totally immune from municipal proscription. … Its ultimate success is clearly dependent, however, upon an immediate curtailment of the continuing deterioration of the neighborhood’s established business district.

McMahon v. 42nd St. Development Project, Inc.

188 Misc. 2d 25 · New York Supreme Court · Jan 9, 2001

Plaintiff has clearly provided prima facie proof that he was exposed to and injured as a result of a “specific gravity related hazard” (falling from a height) as described in Ross (supra). … What is not expressly articulated, but is implied, in Kyle is that a “scaffold” which is in the process of being constructed or dismantled also clearly qualifies as a “structure” within the purview of section 240 (1), and

City of Corning v. Corning Police Department

81 Misc. 2d 294 · New York Supreme Court · Dec 17, 1974

Section 1 of the article is entitled "Bill of rights for local governments” and grants specific "rights, powers, privileges and immunities” in addition to those granted elsewhere. … Applying these tests to the case at bar, we are of the opinion that the so-called office rent control law is clearly constitutional, and may not be invalidated by these proceedings.”

People v. Fanshawe

19 N.Y.S. 865 · New York Supreme Court · Jul 7, 1892

With respect to this contention, we think there are two answers which make perfectly consistent and reconcilable the legislation, and save us from assuming that the legislature was guilty of so unwise an act as to give immunity … If, however, we examine the testimony, we do not think that Whiting by any means qualified himself to act as a juror; and the challenge was properly sustained.

Terry v. Wiggins

2 Lans. 272 · New York Supreme Court · Sep 15, 1869

This will appear pretty clearly by comparing the two devises. The first is a gift of a lot “for her absolute use and disposal.” … Such also is the rule established by the statutes of this State, when the first devisee takes an,estate for life only, although such devisee is at the same time vested with a general and beneficial .power to sell the lands

State v. Daryl W.

50 Misc. 3d 498 · New York Supreme Court · Oct 13, 2015

Sincavage has failed to clearly define the parameters of this condition. Sexual preoccupation is also known as “hypersexuality,” which is a mental condition that is recognized and defined in the glossary of DSM-5. … To the extent that State v Ronald S. can be read as suggesting that any psychiatric or psychological theory is immune from a Frye inquiry because psychiatry and psychology are established fields, this court does not-paint

Militrano v. Lederle Laboratories

3 Misc. 3d 523 · New York Supreme Court · Nov 3, 2003

schedules (see Centers for Disease Control and Prevention, Combination vaccines for childhood immunization: recommendations of the Advisory Committee on Immunization Practice, the American Academy of Pediatric, and the American … warnings submitted along with Lederle’s vaccine stated that a causal connection between injuries *542 such as those suffered by plaintiff and the administration of a whole cell pertussis vaccine had not been shown, they clearly

Romanello v. Willig

198 Misc. 354 · New York Supreme Court · May 10, 1950

The statute specifies four areas or classifications of service under which a teacher may qualify for a promotional increment. … Clearly, under the statute, the local board could indicate which one or more of the “ special contributions ” was or were to be considered locally in granting the promotional increment.

People v. Epperson

137 Misc. 2d 146 · New York Supreme Court · Sep 22, 1987

It noted the statutory exemption had historically conferred a broad immunity upon police officers for all per se weapons violations. … But, as noted earlier, even if I determined the defendant was not the ostensible maker of the shield, the People have failed to establish the second requisite element.

Grant-Howard Associates v. General Housewares Corp.

115 Misc. 2d 704 · New York Supreme Court · Sep 17, 1982

It received all the advantages of an established going concern, continuing substantially unchanged, including reputation, and established customers. … It is clearly the same business with a different name on the door.