Case law

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.

Clews v. Reilly

6 N.Y.S. 640 · New York Supreme Court · Jul 9, 1889

The evidence clearly established. *641 that defendant had paid plaintiffs in full for the screenings according to the weights and prices rendered by plaintiffs’ agent, De Betts. … Assuming that the dispute between the parties afforded a good consideration for the settlement and for the defendant’s promise to pay a stipulated sum, it appears that the agreement was only a qualified one.

Schieffelin v. Komfort

86 Misc. 678 · New York Supreme Court · Aug 15, 1914

If the act of the legislature under which the special election was held attempted to make the election returns, rather than the majority of votes, the determining factor, the act would be clearly unconstitutional and void … The fact that it has been successful gives no immunity, but on the contrary furnishes an additional reason why through the orderly instrumentalities of justice it should be overthrown and the Constitution upheld and the will

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.

Maloff v. Board of Education

1 Misc. 2d 300 · New York Supreme Court · Jun 2, 1955

This language clearly implies that it is not entirely practicable to fully determine them in that way. … A legislative classification of a position in the noncompetitive class will not be overruled in the absence of proof that same was clearly arbitrary and unreasonable * * *.

Blass v. Cuomo

145 Misc. 2d 670 · New York Supreme Court · Nov 1, 1989

The Appellate Division’s affirmance of the preliminary injunction does not automatically establish that plaintiffs’ lawsuit has merit. … Article IX, § 2 (a) provides that, "[t]he legislature shall provide for the creation and organization of local governments in such manner as shall secure to them the rights, powers, privileges and immunities granted to them

Curtin v. People

33 N.Y. Sup. Ct. 564 · New York Supreme Court · Mar 15, 1882

established all the circumstances required to present a, violation by him of this act, and the other proof offered and rejected would in no manner have affected the result if it had been received by the court. … To that extent it was a proper exercise of legislative power, and it clearly included the case as it was made out against the defendant.

Gallas v. Greek Orthodox Archdiocese of North & South America

154 Misc. 2d 494 · New York Supreme Court · Jul 3, 1991

These facts clearly fall within the scope of Fashion Page v Zurich Ins. Co. ( 50 NY2d 265 [1980]). … Church, 44 AD2d 648 .) *499 Nevertheless, there is no constitutional immunity arising from the issues raised in this case.

Baumgarten v. Koch

97 Misc. 2d 449 · New York Supreme Court · Oct 24, 1978

Petitioner’s contention that respondents have a legal (and moral) duty to allow petitioner or any other person to examine and copy any and all official records of the committee is clearly without merit. … The committee, as it presently exists, was established by Mayor Koch by executive order. Previous administrations have established committees by less formal means. .

Board of Managers v. Rios

166 Misc. 2d 381 · New York Supreme Court · Jun 27, 1995

To prevail on an application for preliminary injunctive relief the plaintiff has the burden of clearly establishing the likelihood of ultimate success on the merits, irreparable injury absent granting of preliminary injunction … The court having found that the plaintiff cannot clearly establish the likelihood of success on the merits as to the enforceability of the restrictive covenant; that a community residential facility for the disabled was to

Noah v. L. Daitch & Co.

22 Misc. 2d 649 · New York Supreme Court · Sep 28, 1959

(herein “Shopwell”) from interfering with the continuance of plaintiffs’ business as an agency store and from establishing a similar business within a radius of five blocks from plaintiffs’ store. … Clearly, it is a provision so connected with the transaction that the parties would be expected to embody it in their written agreement.

Addiss v. Selig

147 Misc. 731 · New York Supreme Court · May 17, 1933

The right of the creditor, expectant merely and qualified by the contingencies above enumerated, was qualified also by the contingency that section 52 of the Domestic Relations Law might be repealed before the time to invoke … The cases cited by plaintiffs are clearly distinguishable from the instant case. In United States Mortgage & Trust Co. v.

Fourth National Bank v. Spinney

54 N.Y. Sup. Ct. 293 · New York Supreme Court · Jan 15, 1888

The defendants claimed immunity from the fact which they alleged, of the advancement of their principal in the bant to a position of more responsibility and graver duties in reference to which they did not contract. … As we have seen, this is not precisely the rule established by the case to which reference has been made.

In re Sposato

180 Misc. 933 · New York Supreme Court · Jul 31, 1943

He urges that as he is qualified as to age to become a candidate for President of the United States, he is likewise qualified to become a candidate for the office of District Attorney. … The court held the act constitutional; that although the Legislature may not arbitrarily establish exclusion from office, it may prescribe proper rules and regulations to insure that an officer is reasonably qualified to

Schuster v. City of New York

25 Misc. 2d 916 · New York Supreme Court · May 9, 1960

The rules with respect to the granting of discovery and inspection are well established. … Applying these rules to the instant application, the conclusion is reached that the items designated Nos. 1, 3, 5, 7 and 8 clearly fail to meet the tests established by the foregoing rules.

People v. Cox

127 Misc. 2d 336 · New York Supreme Court · Feb 20, 1985

Clearly, defendant’s conduct in Florida, if successful, would undermine the integrity of governmental processes in New York County and would be harmful to the community of this county as a whole. … It dealt, inter alla, with immunity and competency of witnesses.

Board of Education v. Helsby

64 Misc. 2d 473 · New York Supreme Court · Oct 22, 1970

Clearly, in enacting section 3020-a of the Education Law, the Legislature expressly provided the remedies and penalties available to probationary teachers; nothing has been left to inference. … When a probationary teacher joins or participates in an employee organization, he is not immune from discharge before his period has expired.

People v. Gallman

152 Misc. 2d 1033 · New York Supreme Court · Nov 19, 1991

Credibility evidence, on the *1038 other hand, is broader in scope, circumstantial in nature, and therefore may be established in numerous ways. … This clearly would have constituted a manner of deception.

People v. Norman

6 Misc. 3d 317 · New York Supreme Court · Sep 1, 2004

Stewart each testified, each was adequately qualified to answer the questions put to them. … However, contrary to the defendant’s contentions, public officers and officials are not per se immune to grand jury inquiry or formal *347 prosecution, and the Constitution and statutory law clearly permit a district attorney