Case law

Johnson v. New York City Board of Education

177 Misc. 2d 310 · New York Supreme Court · Jun 11, 1998

Generally, a public entity is immune from negligence claims arising out of the performance of its governmental functions (Kircher v City of Jamestown, 74 NY2d 251, 255 ; Bonner v City of New York, 73 NY2d 930, 932 ; Blanc … Plaintiff has failed to establish that the actions of defendants constituted an affirmative assumption of a duty to protect her.

Teytelman v. Wing

2 Misc. 3d 608 · New York Supreme Court · Dec 8, 2003

In establishing this program, New York choose to restrict the group of immigrants who could apply for FAP benefits to lawful permanent residents or qualified aliens who are either elderly, disabled, under 18 years of age … In view of the threat of such irreparable injury, a balance of the equities clearly weighs in favor of the plaintiffs.

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.

Vetter v. Gross

187 Misc. 496 · New York Supreme Court · Aug 7, 1946

The constitutional amendment and the statutes adopted by the Legislature as directed therein and in conformity thereto while they do not expressly settle the issue nevertheless contain provisions which clearly indicate both … If, during the emergency of war provisional employees only were to be appointed and no positions permanently filled, any such intention would have to be clearly expressed.

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.

Sloan v. Implement Dealers Manufacturing Co.

25 Misc. 451 · New York Supreme Court · Dec 15, 1898

This contention, however, seems to be clearly not well founded. … It does not require that the affiant shall establish by direct proof why the chattels are withheld, but simply that according to his best knowledge he shall give an explanation of why they are so withheld.

Palmer v. New York & Lake Champlain Transportation Co.

27 N.Y.S. 561 · New York Supreme Court · Feb 13, 1894

With the testimony as to the local custom above referred to in the case, however, if such custom was controlling, the negligence of the appellant was clearly shown. … We understand it to be well settled that a rule of law cannot be qualified or changed by a local custom. Wright v. Boller, 42 Hun, 77 ; West v. Kiersted, 15 Wkly. Dig. 549 ; Walker v.

Schrader v. Cuevas

179 Misc. 2d 11 · New York Supreme Court · Oct 9, 1998

to qualified candidates). … Its eight references to a voluntary system of campaign finance reform are all carefully qualified to refer to a system as established by any local law.

People v. Echavarry

79 Misc. 2d 509 · New York Supreme Court · Oct 7, 1974

Historically, the Grand Jury came down to us as part of the common law, its object was to secure to the subject the right to appeal to his peers under the immunity of secrecy before having to stand trial, and arose out of … Clearly, we cannot ignore as arbitrary the efforts and study of the Judicial Council nor those of the Grand Jury Association.

Kelly v. Pratt

41 Misc. 31 · New York Supreme Court · Jun 15, 1903

Herring, was appointed and duly qualified as administrator with the will annexed. Plaintiffs are the descendants of the surviving alien sisters of the intestate Honora V. … Herring, deceased,” and known as chapter 191, Laws of 1864, is'relied upon to establish this contention. This act is clearly a private and local act, and if valid its purpose must be expressed in its title (§16, art.

Felder v. Foster

107 Misc. 2d 782 · New York Supreme Court · Feb 11, 1981

The regulations issued under the statute establish an administrative procedure for enforcing compliance with the restraints imposed by the act. … While it is true that defendants legislators are personally immune from money damage claims for actions taken in their legislative capacity (Felder v Foster, 71 AD2d 71, 76 , opp dsmd 49 NY2d 800 , supra), that immunity,

People ex rel. Niles v. Smith

24 Barb. 16 · New York Supreme Court · Feb 23, 1857

Randolph was a constable, duly qualified to execute the precept and summon the jury. … A trial and decision could only show which party is to remain in possession during the pendency of the action which is to establish the title to the lot.

Andrews v. Steinberg

122 Misc. 2d 468 · New York Supreme Court · Dec 23, 1983

In fact, it had been a well-established common-law principle that an action on the case will lie for maliciously giving false information. … Once abuse of the privilege has been established by a criminal conviction of peijury there is no further need to immunize the witness from civil suit or to deny an injured person a remedy.

Wholesale Laundry Board of Trade, Inc. v. City of New York

43 Misc. 2d 816 · New York Supreme Court · Aug 25, 1964

[d], par. [1]), because “ the Industrial Commissioner is authorized to establish a different minimum wage rate for different localities in respect to particular industries.” … The statute is clearly not a “special law”, which is defined in paragraph (4) (§ 3, subd.

County of Oneida v. Berle

91 Misc. 2d 694 · New York Supreme Court · Aug 30, 1977

date to establish the reimbursement rates. … Any change in the detail of the purpose for the particular appropriation shall be set forth in a bill by the Governor showing clearly what the changes are. (State Finance Law, § 25.)

In re the Conservatorship of Moretti

159 Misc. 2d 654 · New York Supreme Court · Oct 26, 1993

Petitioner, as Michael Moretti’s mother and guardian, seeks to establish this trust for his benefit. … The drafters of EPTL 7-1.12, however, clearly were of the belief that only third-party trusts and not self-settled trusts could qualify as supplemental needs trusts.

Lotzman v. Oxyness Shipping Co.

93 Misc. 2d 461 · New York Supreme Court · Mar 9, 1978

While it may be said the plaintiff qualifies under numbers *463 (1) and (3) he fails as to number (2). … Clearly the plaintiffs connection was temporary or transitory. Therefore, a jury could not with reason reach the conclusion that the plaintiff was a seaman under the Jones Act. (Offshore Co. v Robison, supra, p 780.)

Seitzman v. Hudson River Associates

143 Misc. 2d 1068 · New York Supreme Court · Apr 26, 1989

Plaintiffs allege that when one of the partners in Hudson River Associates learned that plaintiff Peter Seitzman treats patients with Acquired Immune Deficiency Syndrome (AIDS), defendant refused to take the necessary steps … Clearly, the elimination of discrimination in the provision of basic opportunities is the predominant purpose of this legislation”.

Ogden v. Allen

40 Misc. 2d 752 · New York Supreme Court · Aug 23, 1963

Clearly, the procedure outlined under section 1524 was followed and said section, rather than 1526, applies here. … But no facts are pleaded which would establish, if proved on a hearing, that no reasonable man would have laid out this territory as a central school district.

O'Brien v. Mayor of New York

113 Misc. 2d 388 · New York Supreme Court · Mar 12, 1982

It is the general rule that a candidate aggrieved by the establishment of a civil service list must commence an article 78 proceeding within four months of the establishment of the eligible list. … However, the determination is not final until the person seeking review has been clearly aggrieved by it.