Case law

Baty v. City of Binghamton

141 Misc. 127 · New York Supreme Court · Aug 3, 1931

The damages aré clearly not excessive, upon all of the evidence in reference to the injuries sustained by plaintiff. … Reasons for immunity in one case and liability in the other, have been clearly shown not to be satisfactory.

Sobel v. Bogen

21 Misc. 2d 664 · New York Supreme Court · May 27, 1959

from competing, participating, or registering for an examination for or from qualifying for, a position as teacher, or be penalized in a final rating by reason of his or her age. … The employment of the word ‘‘ hereafter ’ ’ in the statute above quoted clearly indicates the legislative intent not to give said statute any retroactive effect; and same is therefore found to be inapplicable here.

People v. Chin Min Foo

144 Misc. 2d 589 · New York Supreme Court · Aug 1, 1989

The court concluded that Steinberg "was clearly ineligible for admission without having passed the Bar examination” (supra, at 113). … In People v Felder ( 47 NY2d 287 [1979]) the Court of Appeals established as a matter of law that "[c]ounsel, as the word is used in the Sixth Amendment can mean nothing less than a licensed attorney at law” ( 47 NY2d, at

Otitigbe v. Rensselaer Polytechnic Inst.

New York Supreme Court · Sep 12, 2019

aside a portion of their pre-tax salary to pay a third party for qualified parking" ( id . … Clearly, RPI accorded its employees the benefit of using pre-tax dollars to pay the discounted cost of parking.

Montanez v. City of New York Department of Buildings

8 Misc. 3d 405 · New York Supreme Court · Apr 27, 2005

Respondents argue that the determination that petitioner was not qualified for a master plumber’s license was not arbitrary because petitioner failed to establish that his experience was gained while he was under the “direct … Section 26-146 of the code, however, clearly contemplates that experience gained anywhere in the country could be deemed acceptable for purposes of obtaining a license.

Regnell v. Page

82 Misc. 2d 506 · New York Supreme Court · May 19, 1975

Where the complaint and affidavits fail to establish a prima facie cause of action, or where they clearly establish that 'the plaintiff must ultimately be defeated’, the attachment must be vacated (American Reserve Ins. … As observed initially, these are not the kind of important interests required by the Supreme Court to be held immune from attachment prior to a hearing on notice.

Curtis v. Keesler

14 Barb. 511 · New York Supreme Court · May 29, 1852

The evidence clearly establishes that the creek, in its natural state, is not capable of bearing up or floating a stick of timber or log upon its surface. … It is not the case of a stream susceptible of use for a common passage, in which the riparian owners hold a qualified property, subject to the public use.

the People v. Ransom.

7 Wend. 417 · New York Supreme Court · Oct 15, 1831

That the doctrine upon this subject is the same in criminal, and even capital cases as in civil is clearly settled. The case of The People v. Douglass, 4 Cowen, 26, was a conviction for murder. … The son was under age, and was not qualified by property to serve as a juror. It was held that this was a mistrial, and a new trial was granted.

First National Bank of New York v. Bankers Trust Co.

151 Misc. 233 · New York Supreme Court · Apr 16, 1934

The doctrine of expressio unius est exclusio alterius clearly is not applicable to this situation. … The duty to protect the plaintiff’s property from any injury arising in connection with the contract is not qualified by considerations of whether the work was done carefully or negligently.

Ingersoll v. Heffernan

188 Misc. 1047 · New York Supreme Court · Jun 28, 1947

established. … He is qualified to be a candidate of his own party; he may seek and secure independent nominations.

Rogan v. Sear-Brown Group

183 Misc. 2d 364 · New York Supreme Court · Jan 19, 2000

The purpose for enacting CPLR 214-d may be clearly ascertained from its legislative history. … expressly incorporated a requirement of a timely lawsuit as an integral part of the waiver of sovereign immunity.

People v. Jackson

148 Misc. 2d 886 · New York Supreme Court · Oct 22, 1990

The jurors should have been reminded that where a person is acting as an aider or abettor to the actual slayer, the People must establish that the accessory possessed the same mental culpability necessary to commit the homicide … While there are no cases that can be found that are in point, it would appear that "official actions and decisions” relate to matters such as deciding whether to call a witness, granting immunity, and the like, and not to

Hart v. Kaplan

28 Misc. 2d 122 · New York Supreme Court · Jul 14, 1961

Since petitioner there had already utilized his veteran’s credit, he could not qualify under this wording. … Clearly, this exception was drafted in the light of the provision of then section 25-a of the Civil Service Law which authorized the fixing of age limitations for positions such as that of “ policeman ”.

Breslin v. New York City Police Pension Fund Board of Trustees

111 Misc. 2d 184 · New York Supreme Court · Oct 5, 1981

Section B18-39.0 of the Administrative Code provides that to qualify for “line of duty” death benefits, an accident must have occurred and that accident must have been service related. … Petitioner has unquestionably sustained its burden of proof by clearly establishing a causal relationship between the death of Gallagher and his performance of police business; to wit, that the cause of Gallagher’s death

In re the Accounting of Bankers Trust Co.

47 Misc. 2d 302 · New York Supreme Court · May 21, 1965

All of the probate estate passes to the widow and qualifies for the Federal estate tax marital deduction. … This contention may well have merit but it would only be necessary to consider this question if the settlor’s intention was not clearly expressed in the trust itself.

Bradshaw v. Silversmith

122 Misc. 2d 544 · New York Supreme Court · Jan 21, 1983

When it was established she had nothing to do with any robbery, she was not released, for she was informed that there was an outstanding warrant for her arrest. … The fourth cause of action, which alleges “wanton” conduct, clearly is tantamount to alleging malice and under those circumstances, must be construed as a cause of action for malicious prosecution, which cannot be sustained

Tel-A-Sign, Inc. v. Weesner

36 Misc. 2d 960 · New York Supreme Court · Oct 3, 1962

It has not qualified in this State. It is essentially a holding company. … Of course, this presumption is rebuttable by evidence clearly establishing that CIO had ceased to do business here prior to August 21.

Lindenmuller v. People

21 How. Pr. 156 · New York Supreme Court · May 15, 1861

Christianity may be conceded to be the established religion, to the qualified extent mentioned, while perfect civil and political equality with freedom of conscience and religious preference, is secured to individuals of … The act is clearly constitutional, as dealing with and having respect to the Sabbath as a civil and political institution, and not affecting to interfere with religious belief or worship, faith or practice.

Kurlander v. Davis

103 Misc. 2d 919 · New York Supreme Court · Apr 24, 1980

The court held that a prosecutor, having found a defendant otherwise qualified for an ACD, could not condition *925 consent on the defendant’s release of his civil claims. … (Ex parte Virginia, 100 US 339, 347 ), and equal protection is clearly denied when the law is applied with "an evil eye and an unequal hand” (Yick Wo v Hopkins, 118 US 356, 373-374 , supra).

Organization to Assure Services for Exceptional Students, Inc. v. Ambach

105 Misc. 2d 269 · New York Supreme Court · Aug 12, 1980

Petitioners contended that the rates they paid their teachers were substantially below that paid by public schools and that with a dwindling supply of qualified teachers available, it was necessary for them to grant their … , but not fatal, in that “Section 4401 of the Education Law clearly *274 gives the commissioner the power to * * * determine tuition costs, with or without regulations” (Dubendorf v New York State Educ.