Case law

Rosboro v. Peck

48 Barb. 92 · New York Supreme Court · Sep 17, 1866

The proof of the promise was given without objection, and tended to establish the mistake upon which the action was founded, which was the main feature of the plaintiff's case. … This clearly qualifies and restricts the release to the copartnership claims, and does not affect the claim of the defendant arising out of the mistake alleged.

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.

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.

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.

Waterfront Commission of New York Harbor v. Marchitto

26 Misc. 2d 767 · New York Supreme Court · Aug 15, 1960

In that section, the New York Legislature, desirous of establishing a New York Waterfront Commission if the creation of a bi-State agency was delayed or if a bi-State agency would not be created at all, provided: 11 The New … Clearly, pretrial discovery proceedings are incompatible with the purposes of the Legislature in providing for a speedy and expeditious enforcement of commission subpoenas.

People v. O'Neill

85 Misc. 2d 130 · New York Supreme Court · Dec 13, 1975

Defendant has utterly failed to establish why his case should be treated differently from the mass of other drug prosecutions now confronting the courts. … Absent a showing that a statute is clearly unconstitutional (Garcia v Pan Amer.

Frances B. v. Mark B.

78 Misc. 2d 112 · New York Supreme Court · Apr 23, 1974

fact defendant’s name was Marsha B-; that at the time of the marriage defendant fraudulently, with intent to deceive plaintiff and the authorities, represented 1 ‘ that defendant was and is a Male person and capable and qualified … At present hormonal and surgical sex reassignment is the only known treatment for adults *115 since gender identity differentiation once established seems unsuitable and immune to analytic effort at alteration (Charles L.

Brennan v. Trussell

38 Misc. 2d 380 · New York Supreme Court · Feb 26, 1963

Most of the relevant facts are not in dispute and were established upon the trial by concession of all parties. … The testimony of respondents’ expert witness clearly substantiates the appropriateness of the common promotion examination given for the positions of motor vehicle dispatcher and garage foreman.

Van Hook v. Whitlock

26 Wend. 43 · New York Supreme Court · Jul 1, 1841

Jis to the discharge: As all the debts of the complainants accrued before the act of 1814, under which the discharge was granted, the act is clearly inoperative according to the doctrine of Sturges v. … Justice Johnson, and have since regarded the principles there established as the settled law of the court. 6 Peters, 349 and 635. Mr.

Perrine v. Hotchkiss

58 Barb. 77 · New York Supreme Court · Sep 5, 1870

But we are clearly of the opinion that a surety cannot recover for the use of his credit by the principal, unless there is some specific, contract fixing the price to be paid. … This may be proved by the opinions of witnesses who are qualified to judge of their value.

Keery v. Dimon

72 N.Y. St. Rep. 125 · New York Supreme Court · Dec 18, 1895

But the statute also requires that the provisions of a will should be clearly and distinctly proved by at least two credible witnesses. I have no doubt as to the credibility of Mr. … necessaay to entitle her to a judgment against the estate, when the lips of the testator are closed by death, and hence unahle to contradict or qualify the statements that she has made.

Salk v. Salk

89 Misc. 2d 883 · New York Supreme Court · Oct 28, 1975

D. in psychology, and was in the early stages of establishing his practice and reputation as a child psychologist. … However, from all the evidence before the court, it has been clearly established that the best interests of the children would be served if permanent custody is awarded to the one parent that appears to more adequately satisfy

People v. Colon

5 Misc. 3d 365 · New York Supreme Court · Aug 6, 2004

, a defendant is uniquely qualified to establish. … In those cases, the Court of Appeals clearly placed the burden of proof of other material issues at a Huntley hearing on the defendant.

In re the City of New York

161 Misc. 169 · New York Supreme Court · Nov 23, 1936

Halpern refused to sign a waiver of immunity at the hearing. … His testimony as well as that of Haas and Kreymborg shows very clearly that the conveyance from Halpern to his wife, from his wife to the 170th Street Bealty Corporation, and from this corporation to the Straightway Building

People v. Patterson

169 Misc. 2d 787 · New York Supreme Court · Jun 28, 1996

This self-reporting statute is clearly one which invokes the regulation of a lawful activity. The purpose of the regulation is not to incriminate. … At trial, it was never established what the argument was about and why it led to violence and shooting. .

Cappelli v. Sweeney

167 Misc. 2d 220 · New York Supreme Court · Jun 29, 1995

While not approved by the electorate in 1915, the language and format of today’s section 4 of article V clearly originated in the 1915 debates. … Whether respondents enjoy qualified immunity for their actions need not therefore be determined, however, it was clearly within respondents’ ken, in light of New York Constitution, article I, § 6 and the language of Labor

Labor Relations Section of the Northern New York Builders Exchange, Inc. v. Gordon

71 Misc. 2d 130 · New York Supreme Court · May 17, 1972

His contention was that he had no authority to modify under CPLE 7511 because the parties clearly understood each other’s position, and he was sustaining that of the union. … A labor union would qualify as would membership in an anti-labor lobby or similar group.

Grossman v. Sendor

89 Misc. 2d 952 · New York Supreme Court · Mar 17, 1977

29, 33 ) they do qualify as wages for section 630 purposes, and the union has standing to bring an action under the statute. … Since this was clearly before October 29, plaintiffs gave timely notice of their claim for the month of July.

People v. Ferguson

55 Misc. 2d 711 · New York Supreme Court · Jan 2, 1968

Parenthetically, the memorandum submitted is utterly devoid of any showing of fact tending to establish that the grand jurors who returned this indictment were “ unconstitutionally selected.” … Swain involved a claim of the deliberate and systematic exclusion of Negroes from jury service, and the Supreme Court found that the claim had not been established.

In re Kersburg

101 Misc. 241 · New York Supreme Court · Sep 15, 1917

Not only do the moving papers fail to establish facts from which a reasonable inference of fraud or misconduct on the part of the commissioners can be drawn, but the answering affidavits clearly show that the commissioners … The common-law writ will issue to review only the decisions of inferior judicial or quasi judicial tribunals, and will not lie except where the question to be reviewed is clearly of a judicial character. People ex rel.