Case law

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.

Fullerton v. Taylor

6 How. Pr. 259 · New York Supreme Court · Jul 1, 1851

The Code has not declared when such a judgment is proper, and we are therefore referred to the former well established practice to decide that question. … any serious evils resulting from the former practice and rules of procedure in cases like the present which called for so radical a change of the law, or now requires from the courts the construction urged, unless it is clearly

In re the Liquidation of Consolidated Mutual Insurance

114 Misc. 2d 71 · New York Supreme Court · Mar 11, 1982

Insurance Law specifies ‘kinds of insurance’ policies listed in Section 46 of the Insurance Law to which the Security Fund may make payment * * * Specifically omitted was any mention of section 46(15) which therefore, quite clearly … Consolidated and the Superintendent of Insurance recognized Arcade’s liability to The News and the policy obligation to immunize Arcade against The News’ claim as third-party plaintiff.

Plattsburgh College Benevolent & Educational Ass'n v. Board of Assessors

43 Misc. 2d 741 · New York Supreme Court · Jul 20, 1964

No proof has been offered to establish that any service has been rendered to any student or faculty at or below cost. … educational institution does not qualify petitioner for tax exemption of its realty (Plattsburgh State Teachers Coll.

Feierstein v. Moser

124 Misc. 2d 369 · New York Supreme Court · May 2, 1984

Moreover, the Loft Law provides (Multiple Dwelling Law, § 286, subd 11): “Residential occupants qualified for protection pursuant to this article shall be afforded the protections available to residential tenants pursuant … A court should invoke its discretion to deny fees not in circumstances where good faith is demonstrated on the part of the losing party, but *373 rather where bad faith is established on the part of the successful party”

In re Plattsburg Lodge No. 828 F. & A. M.

135 Misc. 275 · New York Supreme Court · Feb 16, 1929

The exemption sought for must clearly appear to have been within the intent of the Legislature and it cannot be included unless expressed in “ clear and unambiguous language,” so as to “ appear to be indisputably within the … The concession that they are fraternal organizations, it seems to me, precludes them from qualifying as having been organized exclusively for one or more of the purposes stated in the statute.

Smith v. Helbraun

38 Misc. 2d 136 · New York Supreme Court · Feb 13, 1963

Defendants have not pointed to any statute which grants them while acting as members of a Board of Education immunity from civil liability that might result from their actions, either singly or collectively. … The statement does not mention plaintiff and standing alone is clearly not defamatory.

Ryan v. Finegan

166 Misc. 548 · New York Supreme Court · Jul 8, 1937

Eligibility counts for little if grades of eligibility may be established without restriction.” … The character of the work in both of the cases clearly suggested the advisability of promulgation of a particular rule respecting the age of applicants.

Dae-Sik Moon v. Plymouth Rock Corp.

180 Misc. 2d 676 · New York Supreme Court · Apr 6, 1999

The Court of Appeals decision clearly and concisely set forth the law in New York concerning choice-of-law principles. … According to section 14-104 (b), the statute clearly lists each vehicle it seeks to regulate.

In re the Final Judicial Settlement of the Accounts of the Executors of the Last Will & Testament of McClure

44 N.Y. St. Rep. 729 · New York Supreme Court · Apr 4, 1892

On the part of the appellants it is insisted that the whole will taken together and read, and construed in the light of surrounding circumstances, clearly establishes the intention of the testator to give to his widow only … But it is insisted that this language and its effects are qualified by the provisions which follow, and that such qualifying language explains the meaning of the preceding part of the instrument, and is not repugnant to it

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

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

Green v. Supreme Council of Royal Arcanum

124 N.Y.S. 398 · New York Supreme Court · Jul 14, 1910

He thereupon commenced this action to enjoin defendant from suspending him and asking a judgment establishing the $3.16 rate as the fixed amount to be paid by him. … But clearly no such agreement was made or contemplated. If that was the plan of the organization, it should have been so stated. Judge Cullen, writing in Beach v. Maccabees, 177 N. Y. 100 , 69 N.

Tormey v. LaGuardia

172 Misc. 1091 · New York Supreme Court · Jan 2, 1940

Clearly, then, on their face, the discretionary power, vested in the board of estimate by this section to fix the compensation of these petitioners, is inconsistent with the mandatory requirement of Local Law No. 26 of 1937 … Under the new charter the first fiscal year was established to “ commence on the first day of July, nineteen hundred thirty-nine.” (Charter, § 952-a.)

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.

People v. Wilson

16 N.Y.S. 583 · New York Supreme Court · Nov 30, 1891

“And for the purposes * * * of executing powers conferred upon the common council, or upon the city, by this act or otherwise, the said* common council shall have full power to make, establish, * * * ordinances.” … Clearly, the witness was qualified to make an approximate estimate; that is to say, he knew something about the weight of that load, and knew more than the inexperienced observer.

Trachter v. Parker 86th Associates

115 Misc. 2d 271 · New York Supreme Court · Aug 23, 1982

Applying the foregoing standard, the documentary proof clearly establishes that plaintiff is a sublessee of the apartment, not a prime tenant by assignment, as alleged in the moving papers. … Clearly, the statutory scheme takes cognizance of the persisting contractual rights of the parties.

People v. Owens

164 Misc. 2d 239 · New York Supreme Court · Oct 17, 1994

"The novel issue, and apparently one of first impression, is whether the sale of a firearm to a police officer working as part of an undercover operation, establishes the completed crime. … In our case, however, the facts are clearly distinguishable. Article 400 of the Penal Law tells us who is authorized pursuant to law (statutory) to possess a firearm.

State v. Colorado State Christian College of the Church of the Inner Power, Inc.

76 Misc. 2d 50 · New York Supreme Court · Jun 5, 1973

But it does not qualify as a college or institution of higher learning. … Defendant, by selling an honorary degree, has clearly violated the provisions of subdivision 2 of section 224 of the Education Law.

In re Central New York Psychiatric Center

196 Misc. 2d 51 · New York Supreme Court · Jun 17, 2003

Julian, J. relief requested: A ruling on whether or not opinions by a *52 nurse practitioner are sufficient to establish a prima facie case for patient retention. holding: The opinions offered in this case establish a prima … Thus, the Legislature has clearly articulated a policy that decisions to hospitalize and retain the mentally ill are medical decisions to be made by physicians.