Case 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.

People ex rel. Barney v. Whalen

56 Misc. 278 · New York Supreme Court · Jan 15, 1907

As originally passed, the Stock Corporation Law contained no provision for the sale, of practically the entire property of a corporation but, by chapter’638 of the Laws of 1893, a qualified permission was given a stock corporation … They are given certain privileges and immunities by the State entirely opposed to the theory that as to this State they can so speedily practically terminate their own existence at their own volition.

Adolph v. Department of Personnel

71 Misc. 2d 68 · New York Supreme Court · Aug 4, 1972

Promotions to district superintendent from the eligible list for the examination established by the Department of Personnel have been stayed by the court pending the resolution of this proceeding. … Finally, the members of the Board Avere clearly qualified for their task.

Wormsen v. Moss

177 Misc. 19 · New York Supreme Court · Aug 26, 1941

and that they complied with all provisions of law and with all rules and regulations relating to such applications; that the petitioners were graduates of the Swedish' Institute for the study and practice of massage and qualified … merchandise; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting themselves to the laws, decrees, and usages, there established

People v. Heller

126 Misc. 2d 575 · New York Supreme Court · Nov 28, 1984

The cases cited by the United States in support of its motion to quash do not establish an inviolate right of the Department of Justice to refuse disclosure. … The jury is clearly entitled to hear and evaluate the agreement made by Lader with the Federal authorities so that it may make an informed evaluation of Lader as a witness.

Stout v. People

4 Park. Cr. 71 · New York Supreme Court · Sep 15, 1858

R., 47), as well as others which might be referred to, establish clearly, as I think, that the evidence in question was properly admitted. … This is clearly so, and I agree with that point entirely.

German American Coffee Co. v. Diehl

86 Misc. 547 · New York Supreme Court · Jul 15, 1914

Diehl, it is alleged in the complaint has been a duly elected and qualified director of the plaintiff and its treasurer from about July 6, 1903, continuously until January 22, 1913. … It has been clearly established by the Court of Appeals that sections 90 and 91 of the General Corporation Law, formerly sections 1781 and 1782, Code of Civil Procedure, apply as well to foreign as to domestic corporations

People ex rel. Hoban v. Bates

81 Misc. 12 · New York Supreme Court · May 15, 1913

*14 The distinction between a term of office and a vacancy in office is clearly pointed out in The People ex rel. Joyce v. Brundage, 78 N. … That is established by law.

Melworm v. Encompass Indemnity Co.

37 Misc. 3d 389 · New York Supreme Court · Jul 16, 2012

Defendants’ claim that the internal discovery conducted by retained counsel, such as the examination under oath of the insured, is protected by the attorney-client privilege is clearly misplaced. … Co. v Beau Rivage Rest. at 101) are not immune from discovery.

People ex rel. Vogelstein v. Warden of the County Jail

150 Misc. 714 · New York Supreme Court · Mar 7, 1934

A review of the decisions clearly indicates that it was not the purpose of the privilege to shield guilt. … A prisoner’s person may be examined for marks and bruises, and then they may be proved upon his trial to establish his guilt; and it would be *720 stretching the constitutional inhibition too far to make it cover such cases

Pacheco v. City of New York

11 Misc. 2d 80 · New York Supreme Court · Nov 18, 1954

It has been judicially accepted that the sovereign, meaning the State or the city, has agreed to waive its immunity from liability for the acts of its employees while engaged in governmental functions. … Quite clearly, and there can be no dispute, in the presence of violation of law it is a policeman’s duty to take steps to suppress the offense and to apprehend the offender.

Potter v. Traders' National Bank

23 N.Y.S. 1079 · New York Supreme Court · Jun 23, 1893

One ground, at least, of the motion, namely, that the action was brought against the wrong person, was clearly not tenable, because the case shows that it was agreed that the person who purchased the property at the sale … title, founded upon the chattel mortgage, and to fairly support the finding upon it in the afirmative; and such fact, having been so *1081 found by the jury, must, for the purposes of this motion, be deemed effectually established

People ex rel. Woods v. Flynn

81 Misc. 279 · New York Supreme Court · Jun 15, 1913

necessary for relator to prove why the chairman of the Democratic county committee submitted his name a second and third time, for it must be assumed that the chairman properly represented his organization, and the situation established … It is of course unfortunate that the chairman of the county committee did not see fit to submit another name after the board of supervisors had refused to appoint the relator, but he was clearly within his rights in re-submitting

People v. Steele

134 Misc. 2d 629 · New York Supreme Court · Feb 10, 1987

It has also held that the Grand Jury can indict on a lesser charge even though the greater charge has been legally established. (People v Sullivan, 68 NY2d 495 .) … Clearly, had the Legislature intended jurors and public servants to be one and the same, separate bribery provisions for each group would not have been enacted.

Welles v. Thornton

45 Barb. 390 · New York Supreme Court · Dec 4, 1865

But the rule as there stated in respect to void judgments must be qualified in respect to ministerial officers acting in the execution of the process, valid upon its face and issued out of a court of general jurisdiction, … Such is clearly the rule Avhen the proof presented to a judicial officer to make out the preliminary jurisdictional facts essential to be established as the basis of an order or process which he is. authorized to grant or

Schoening v. Board of Education

8 Misc. 2d 957 · New York Supreme Court · Nov 29, 1957

An examination of the various resolutions and hy-laws adopted by the respondent clearly establishes that the only position in the area of swimming instructions which respondent created was the one which it created in 1936 … In fact, the exhibits clearly establish the contrary, and demonstrate that considerable thought had been given to the compromise.

Schulman v. New York City Health & Hospitals Corp.

70 Misc. 2d 1093 · New York Supreme Court · Aug 1, 1972

The issue presented is novel and turns essentially upon the reasonableness of the requirement for patient identification as established by the rules of the respondent agencies. … The State must clearly refrain from any discriminatory practice. (See, e.g., Griffin v. Illinois, 351 U. S. 12 .)

Morano v. St. Francis Hospital

100 Misc. 2d 621 · New York Supreme Court · Jul 5, 1979

Malpractice, therefore, qualifies as a "wrongful act, neglect or default” as set forth in EPTL 5-4.1, and which may form the basis of an action for wrongful death. … Francis Hosp. ( 44 NY2d 604 ) has clearly established that a common-law cause of action for wrongful death does not exist in this State.

Henry v. New York State Commission of Investigation

141 Misc. 2d 849 · New York Supreme Court · Jun 20, 1988

In Hannah , the United States Supreme *857 Court was required to pass upon the validity of certain procedural rules adopted by the Commission on Civil Rights, which was established by Congress in 1957. … Clearly, the S.I.C.’s function is investigative and fact finding. It does not adjudicate. It cannot indict. It is not a Grand Jury. (See, Matter of Di Brizzi [Proskauer], 303 NY 206, 216 .)

Ajello v. Murphy

26 Misc. 2d 1026 · New York Supreme Court · Mar 9, 1961

The second, that the subject matter set forth in the paragraphs of the petition fails to establish a proper cause for the intervention of this court in the proceedings of the voluntary association, which proceedings were … These cards clearly indicate the following: “Membership card not valid unless signed by Treasurer.” It can reasonably be inferred that, if certain individuals claim membership by reason of the cards signed by Mr.