Case law

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. .

People v. Cunningham

88 Misc. 2d 1065 · New York Supreme Court · Dec 22, 1976

Turning to the issue posed by the resignation, the evidence satisfactorily establishes that Mr. Cunningham requested that Mr. … The service of the subpoena and the charges made in the following litigation clearly linked Mr.

Grumet v. Cuomo

164 Misc. 2d 644 · New York Supreme Court · Mar 8, 1995

Although criticized, the Lemon case provides a sound analytical framework and there is clearly no consensus on a substitute. … The Establishment Clause, and its guarantee, is sacred to our national identity.

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.

Daniels v. Board of Education

122 Misc. 2d 367 · New York Supreme Court · Jan 11, 1984

The clear and obvious intent of the law establishes a system for protecting competent tenured teachers on the basis of seniority. … Petitioner is certified as a science and math teacher, and there are clearly math slots available which are now occupied by teachers with less seniority than petitioner.

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.

Welt v. Board of Education

68 Misc. 2d 1061 · New York Supreme Court · Jan 25, 1972

Clearly a board of education of a union free school district comes within the *1063 terms of that statute. (See Education Law, §§ 1701 and 1709 subds. 8, 8-a, 20, 22 and 26.) … This court does not consider the allegations and denials of personal interest to be material since no evidence has been presented to establish bad faith on the part of petitioner.

Sobel v. Higgins

151 Misc. 2d 876 · New York Supreme Court · Jul 1, 1991

In order to establish a facial challenge plaintiff must establish that there is no set of circumstances under which the Act or regulations would be valid (United States v Salerno, 481 US 739 [1987]), and that its mere enactment … The instant regulations clearly pass this test. As previously noted the Act provides an owner with an option to cease doing business if her earnings fall below an 8V2% return.

People v. Douglas

82 Misc. 2d 971 · New York Supreme Court · Sep 2, 1975

It is well established statutorily that in order to hold elective office an individual must be a "resident of the political subdivision of the state for which he shall be chosen.” … There can be no doubt that the Legislature was definite and strict in its definition of "residence” since, as stated, a proper residence is in fact a vital prerequisite to qualify to run for particular office in a certain

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

People v. Hummel

49 Misc. 136 · New York Supreme Court · Jan 15, 1906

The defendant was entitled to have the law clearly and concisely stated. … It is the duty of the People in a criminal charge to establish all the facts going to make the crime and to fasten it upon the defendant, and the fact that a witness refuses to answer questions because they are likely to

Frycek v. Corning Inc.

171 Misc. 2d 220 · New York Supreme Court · Jan 14, 1997

However, the Appellate Division, Fourth Department has clearly upheld a party’s right to a conditional judgment of indemnification before liability is finally established or a judgment is paid. … As the record does not clearly establish what safety devices were required or were available and what instructions had been given to plaintiff at the time of the accident, plaintiffs’ application for partial summary judgment

Crane v. New York World Telegram Corp.

203 Misc. 916 · New York Supreme Court · Dec 2, 1952

If defendants meant merely that plaintiff had been accused of criminal conduct by various private individuals, they should have so qualified the statement. … , and it is not sufficient to establish the truth of another charge, although of the same general nature, and although distinct only as to subject matter or time and place.”

Aetna Casualty & Surety Co. v. Certain Underwriters at Lloyd's London

176 Misc. 2d 605 · New York Supreme Court · Feb 17, 1998

The New York cases have not clearly extended the common defense exception to civil cases. … Clearly the ECRG members were not expecting this or any other specific litigation when these meetings occurred in 1992 through 1994.

Guerriero v. Board of Contract & Supply

60 Misc. 2d 22 · New York Supreme Court · May 12, 1969

There is evidence that the board was satisfied that the corporation was a qualified party in every respect and that the city’s rights would not be impaired. … This is established by the affidavits of the City Engineer and the Assistant Corporation Counsel and is not seriously disputed by the petitioner.

People v. Fryson

36 Misc. 2d 73 · New York Supreme Court · Sep 19, 1962

There were independent records of the court available to establish the truth of petitioner’s contentions. … Clearly, common mistakes of judgment, of trial tactics, of policy do not constitute grounds for collateral attack. These are made by retained counsel as well as assigned counsel.

Sharp v. Mayor of New York

25 How. Pr. 389 · New York Supreme Court · Aug 15, 1863

The whole frame of the complaint clearly shows what the cause and nature of the action was intended to be. … This is clearly the doctrine of the case in 23d Wendell.

Smithson v. Ilion Housing Authority

134 Misc. 2d 400 · New York Supreme Court · Apr 29, 1986

In this case, petitioner has failed to establish the first part of the test. He relies on Chambers v Baltimore & Ohio R. … The issue is whether the use of the right entitles him to immunity. He is immune if the benefit derived from the use of the court system is to protect or assert a constitutionally protected property interest.

Automobile Club of New York, Inc. v. Karnell

19 Misc. 2d 857 · New York Supreme Court · Aug 25, 1959

All of these stations are qualified to and do engage in towing operations, as it is one of the requirements of their contract with petitioner. … The court is warranted, therefore, in concluding that respondent is clearly using such mark and symbol with intent to deceive the public in contravention of section 964 of the Penal Law.

In re Monroe Chapter, No. 57

132 Misc. 109 · New York Supreme Court · Jun 21, 1927

some uncertainty in Eastern Star circles as to the status and rights of the members of Monroe Chapter, No. 57, as individuals, since the suspension of its charter, then stated: “ I, therefore, feel that I should at once clearly … By the plain language of the statute, only “ dues ” and “ fees ” may be established and regulated.