Case law

Ordonez v. New Gen, LLC

11 Misc. 3d 531 · New York Supreme Court · Jan 24, 2006

Defendant also argues that plaintiffs may not recover the $1,570 it paid for improvements, as the contract clearly stated that plaintiffs are not entitled to such a refund unless the seller wilfully defaulted on the contract … Plaintiffs could not establish a prima facie entitlement to summary judgment without submitting this extrinsic evidence, which would not be necessary in an action involving an instrument for the payment of money only.

Astor v. Union Insurance

7 Cow. 202 · New York Supreme Court · May 15, 1827

So far, though well qualified to testify to the understanding of insurers, they were clearly not so well skilled as the plaintiffs’ witnesses in the nomenclature of the trade. … It is said the technical meaning should be clearly established. Be it so. Though we may think it clearly established in this case, we do not see enough to prevent a jury from coming to that conclusion.

Sands v. Weingrad

99 Misc. 2d 598 · New York Supreme Court · Apr 3, 1979

. * Since the Federal Government has waived its sovereign immunity from suit only in the District Courts or the Court of Claims, the State would lack jurisdiction to consider these claims. … Clearly some matters pertaining to the enforcement of the Internal Revenue Code are most appropriately resolved in the Federal courts.

Huron Group, Inc. v. Pataki

5 Misc. 3d 648 · New York Supreme Court · Jun 16, 2004

The “Location of Facilities” clause clearly *672 states that the Compact shall authorize the establishment of a class III gaming facility in the City of Buffalo. … The “Location of Facilities” provision of the MOU clearly recites that the Governor and the Seneca Nation agree that the Compact shall authorize the establishment of a class III gaming facility in the City of Buffalo.

Z.T. ex rel. Taylor v. Long Island College Hospital

53 Misc. 3d 313 · New York Supreme Court · Jul 12, 2016

The child therefore qualifies, under Public Health Law § 2999-h, to be provided with all future health care costs, as defined in Public Health Law § 2999-h (3), through the New York State Medical Indemnity Fund (MIF), established … However, the MIF is clearly applicable to qualifying claims presented to the trust.

Brill v. Brandt

176 Misc. 580 · New York Supreme Court · Feb 14, 1941

.” *583 It is not clear, however, whether the quoted language was intended to qualify the assignment or merely to modify the word “ judgment.” … The proof failed to establish plaintiffs’ claim that their testator was an accommodation indorser and the court accordingly holds that plaintiffs' testator was an indorser for value.

Friess v. New York Central & H. R. Railroad

22 N.Y.S. 104 · New York Supreme Court · Feb 15, 1893

This case is clearly distinguishable from the case of Spencer v. Railroad Co., 22 N. Y. … In this case this boy was clearly within the rule charging him with personal care.

Kel Kim Corp. v. Central Markets, Inc.

133 Misc. 2d 529 · New York Supreme Court · Sep 26, 1986

Article 23, the force majeure clause, qualifies the performance of the parties as follows: "If either party to this lease shall be delayed or prevented from the performance of any obligation through no fault of their own … Clearly, article 11 aforesaid is an independent covenant upon which a party may sue for breach thereof without regard to whether or not that party has performed its covenants.

Grace v. Wilson

199 Misc. 738 · New York Supreme Court · Sep 28, 1950

the qualified voters to present to the commissioner a petition for the establishment of a central school. … In any event a reading of the provisions of articles 33 and 37 clearly shows that where the expression “ trustee ” or “ trustees ” is used in connection with a common school district reference is made to the corporate body

Falciglia v. Gallagher

164 Misc. 838 · New York Supreme Court · Nov 16, 1937

The above and other evidence clearly establishes that, although the agreement did not by its express terms obligate the union tc supply workmen only to those contractors certified by the code committee, yet the manner in … Surely there was no intention to give immunity and sanctity to union activities designed not to further the ends of labor but to advance the monopolistic aims of employer groups in their efforts to stifle competition, and

Bubar v. Brodman

30 Misc. 3d 324 · New York Supreme Court · Oct 5, 2010

At the abortive EBT, it was established that Dr. Boersma received the operative report of Dr. Brodman; that it was important to Dr. … It is a rare case where the medical witness can successfully argue that standards of practice in a related specialty are either wholly unknown to him, totally irrelevant to his own care and treatment of a patient, or clearly

Van Vechten v. Van Vechten

20 N.Y.S. 140 · New York Supreme Court · Sep 14, 1892

A fact that cannot be proved directly by the witness cannot be established inferentially by his testimony. Grey v. Grey, 47 N. Y. 552 ; Johnson v. Spies, 5 Hun, 468 ; Jacques v. Elmore, 7 Hun, 675 ; Viall v. … If the deceased could contradict, explain, or qualify the testimony, if living, it comes within the rule. Tooley v. Bacon, 70 N. Y. 34 ; Koehler v. Adler, 91 N. Y. 657 ; Holcomb v. Holcomb, 95 N. Y. 316 ; Clift v.

Freiburger v. Sobol

146 Misc. 2d 585 · New York Supreme Court · Feb 13, 1990

On August 21, 1989, the Assistant Commissioner of Education for Libraries sent a letter to petitioner denying her application on the grounds that she had failed to establish that she had taken the equivalent of course work … The denial letter further stated that the alternative qualifying standards containea in the rules and regulations had only been utilized four times since the inception of the certification program in 1950 and "in each case

In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Jerman

32 Misc. 2d 946 · New York Supreme Court · Feb 15, 1962

Y. 243, 248 ): “ Clearly the reason for the exclusion from coverage of an assault committed by or at the direction of the assured is that it would not be in accord with public policy to indemnify a person for losses incurred … C. is entitled under the indorsement in insured cases, and under section 616 of the Insurance Law in qualified person cases, to proceed against the wrongdoer to recover any sums it may have been called upon to pay because

Bruno v. Kern

174 Misc. 958 · New York Supreme Court · Sep 12, 1940

of authorities relied upon by petitioners for the proposition that the sentence was incorrectly punctuated with a period, and that the only correct punctuation would have been a question mark, the commission’s effort to establish … As will presently be pointed out, the illustrations used by the author to support the text are clearly distinguishable, for they manifestly expect action rather than a yes or no answer.

New York Society for the Suppression of Vice v. Macfadden Publications, Inc.

133 Misc. 686 · New York Supreme Court · Jan 17, 1929

Even with the rule of law in mind that such pleadings are to be liberally construed, the defense here under consideration is clearly insufficient. … There is, therefore, so far as the publication is concerned, no full or qualified privilege founded upon " public importance or interest,” and this defense is thus insufficient.

People v. Thomas

160 Misc. 2d 39 · New York Supreme Court · Jan 10, 1994

Defendant elected to testify before the Grand Jury and a witness, who also waived immunity, testified on behalf of Hargrove. … An analysis of CPL 190.50 (5) establishes that a defendant has a right to appear and testify on his own behalf.

Smith v. McNamara

22 N.Y. Sup. Ct. 447 · New York Supreme Court · Oct 15, 1878

Lathrop was appointed by the chancellor of New Jersey receiver of the Central Railroad Company of New Jersey, and qualified as such receiver, and assumed control of the assets and affairs of such company. … Whether the learned judge at Special Term intended to deny the application, on the ground that he had not the power to grant it consistently with established legal principles, or was deterred *449 from making the order out

State v. J.R.C.

47 Misc. 3d 969 · New York Supreme Court · Feb 25, 2015

In Hambsch , the Court said only that “[i]n order to qualify for the ‘professional reliability’ exception, there must be evidence establishing the reliability of the out-of-court material” ( 63 NY2d at 726 ). … , there must be evidence establishing the reliability of the out-of-court material’ ” (id. at 89).

In re Cohen

168 Misc. 2d 91 · New York Supreme Court · Dec 29, 1995

He said in The Report (at 2): "Unlike most cases heard by courts the law does not clearly establish which party has the burden of proof and what is 'ground zero’, the presumptive point before evidence is presented * * * There … As in the New York scheme, it is the court that has the obligation to establish fair value in an appraisal.