Case law

People v. Moss

80 Misc. 2d 633 · New York Supreme Court · Feb 3, 1975

Following the examination of the jurors, the statistics show that more men are qualified than women. Clearly, this is because of the women’s exemption. … Clearly, the same impact must, exist in this case.

City of New York v. City Civil Service Commission

141 Misc. 2d 276 · New York Supreme Court · Jul 25, 1988

It has been clearly established that due process requires a hearing when a provisional employee is terminated for reasons affecting the individual’s good name and character. … Gariti clearly stated that she demanded a hearing for the purpose of clearing her name after the DOP disqualified her from her position on the basis of "bad character.”

Pool v. Ellison

9 N.Y.S. 171 · New York Supreme Court · Feb 14, 1890

The evidence offered upon the part of the plaintiff tending to prove value was exceedingly unsatisfactory, and the witnesses were not shown to be qualified to speak upon that point. … Most of the rulings of the court in respect to the exclu *173 sion of evidence which are criticised by the appellant were clearly correct.

Vatore v. Commissioner of Consumer Affairs

154 Misc. 2d 149 · New York Supreme Court · Mar 30, 1992

The definition of "taverns” includes an establishment where service of food is only an incidental portion, not to exceed 40% of annual business. … The logical extension of such an argument would render any tavern immune from a municipality’s legitimate right to control conduct or disturbances likely to occur in establishments serving alcoholic beverages.

In re McClure's Estate

18 N.Y.S. 695 · New York Supreme Court · Apr 4, 1892

On the part of the appellants it is insisted that the whole will, taken together, and read, and construed in the light of surrounding circumstances, clearly establishes the intention of the testator to give to his widow only … But it is insisted that this language and its effects are qualified by the provisions which follow, and that such qualifying language explains the meaning of the preceding part of the instrument, •and is not repugnant to

Frazer v. City of New York

161 Misc. 2d 38 · New York Supreme Court · Apr 14, 1994

It is well settled in New York that generally the waiver of sovereign immunity against suit does not include a waiver of immunity for punitive damages (Sharapata v Town of Islip, 56 NY2d 332, 335-337 ). … That statute was clearly necessary to prevent punitive damages in those States where the local law permitted it.

State v. Rashid

25 Misc. 3d 318 · New York Supreme Court · Jul 1, 2009

That reference clearly does not include the New York City Department of Correction. … That is, article 10, quite rationally, establishes a cut-off, after which an offender can no longer be brought into the civil management system.

People ex rel Duntz v. Coon

22 N.Y.S. 865 · New York Supreme Court · Feb 15, 1893

Clearly, the magistrate has no authority to try the defendant on the charge of ‘being a common prostitute,’ or to convict her as such. There is no such offense as ‘being a common prostitute.’ … The statute makes the qualifying words an' essential part of the crime.

Jordan v. Bates Advertising Holdings, Inc.

11 Misc. 3d 764 · New York Supreme Court · Feb 7, 2006

In the present case, although plaintiff has clearly established her claims under the more restrictive state and federal standards, when possible, the court will conduct its analysis under the New York City Human Rights Law … As the statute clearly and logically states, the procedure must be “meaningful.”

Gamble v. Lavine

82 Misc. 2d 444 · New York Supreme Court · Feb 27, 1975

She also asked for a grant with which to purchase furniture, but this was denied on the ground that she did not qualify under 18 NYCRR 352.7 (d). … In the proceeding at bar, the petitioner’s own testimony clearly eliminated the possibility of the damage being caused by flooding when she specifically stated that there was no water accumulation, but that the damage was

Marine Midland Bank-Eastern National Ass'n v. Conerty Pontiac-Buick, Inc.

77 Misc. 2d 311 · New York Supreme Court · Feb 11, 1974

Next, before the adequacy of collateral description can ‘be tested it must first be established whether the security interest of the plaintiff is enforceable. … Clearly, since A did not commit itself to the second or future advance in its agreement with B, it has a secured interest to the extent of $5,000 only.

Riker v. City of New York

204 Misc. 878 · New York Supreme Court · Nov 24, 1953

The legislative fiat contained in section 1848 of the Penal Law, adequately encompasses the factual proof established at this trial. … The injury that plaintiff suffered resulted from his response to the command of officer Lawrence and causal relationship was clearly established.

Price v. New York City Board of Education

16 Misc. 3d 543 · New York Supreme Court · May 7, 2007

established, Seip could claim a qualified immunity. … Court opinions, their application to the unique circumstances of this case cannot be said to have been clearly established.”

People v. Hunts

168 Misc. 2d 466 · New York Supreme Court · Dec 14, 1995

Clearly, he did not do so deliberately; the transcript is replete with references to Bonner’s assertion of his privilege. Nor did he do so by inadvertence. … He violated his cooperation agreement almost immediately, and the District Attorney indicated that he would no longer afford Donner immunity.

People v. Carleton

41 Misc. 523 · New York Supreme Court · Oct 15, 1903

If it is material there as testing qualification by tending to establish residence, it is difficult to see why it is not equally material in a preliminary application having the same end in view. … The fear expressed that permitting such a question would lead to others is not justified, first, because the scope of an inquiry of this kind is clearly indicated and limited by legislative enactment, and secondly, because

55th Management Corp. v. Goldman

1 Misc. 3d 239 · New York Supreme Court · Apr 9, 2003

The threat that a court evaluator might become the target of a defamation action, or even be drawn into a defamation action as a nonparty witness, would *246 clearly have a detrimental effect on the diligent collection and … Once pertinent speech in court or to a recognized participant in an ongoing judicial proceeding is established, virtually every speaker whose speech is connected with the litigation has standing to assert this immunity from

Wegmans Food Markets, Inc. v. Department of Taxation & Finance

126 Misc. 2d 144 · New York Supreme Court · Nov 2, 1984

IDEs are issued by local Industrial Development Agencies (IDAs) established under the authority of article 18-A of the General Municipal Law. … The court held the property to be immune from foreclosure of mechanics’ liens, stating: “The court recognizes that in other circumstances the type of leasing arranged here may be deemed nothing more than a secured sale of

Spahn v. Julian Messner, Inc.

43 Misc. 2d 219 · New York Supreme Court · May 28, 1964

Society’s ‘ ‘ immunity granted in respect to informative matter does not extend to dramatized or fictionalized versions of the event reported” (Stetjer, J., concurring in Youssoupoff v. … Plaintiff thus clearly established that the heroics attributed to him constituted a gross nonfactual and embarrassing distortion as did the description of the circumstances surrounding his being wounded.

Nance v. Town of Oyster Bay

41 Misc. 2d 446 · New York Supreme Court · Nov 18, 1963

Y. 443 .) ” Clearly, therefore, the dredging company has failed to establish that these underwater lands belong to private owners. Huntington claims title to all the underwater land of the inner Harbor. … These cases clearly fail to establish, factually or in legal principle, the position for which they are cited.

People v. Morrell

21 Wend. 563 · New York Supreme Court · Oct 15, 1839

The statute declares what would necessarily result as an operation of law, that the new county of Fulton should be entitled to 'and possessed of all the benefits, rights, privileges, and immunities, and be subject to the … Chancellor Sanford said that, by the division, two new corporations were established in the place of one ; and each of the new political bodies had a capacity to hold land within its own limits.