Case law

People v. Burton

153 Misc. 2d 681 · New York Supreme Court · Mar 27, 1992

Clearly, the courtroom is not an appropriate setting to break ground that has not been broken in the laboratory or in the workplace. Mr. … Clearly — what it doesn’t — it doesn’t refer to people that killed their mother, but it could.” .

Sheils v. Flynn

164 Misc. 302 · New York Supreme Court · Sep 22, 1937

It was established in this action from an actual examination of the voting machines and absentee ballots by the parties, however, that the actual plurality of Slater over Sheils was 106. … In such a case, the failure to state any special circumstances would clearly negative the power of the board to determine the application favorably to the voter on the basis of special circumstances.

Hitchcock & Fitch v. Aicken

1 Cai. Cas. 460 · New York Supreme Court · Nov 15, 1803

But the reason given for this opinion, if the report of the case be correct, is clearly founded in mistake. … But the latter part of the section precludes such understanding, and qualifies the sense in which the former is to be accepted.

Clark v. Delaney

161 Misc. 160 · New York Supreme Court · Sep 23, 1936

In other words, a motorman’s date of “ seniority ” is established to correspond with the date when he is recognized as having become fully qualified for “ road service,” as such term is herein defined. … It is not the function of an order of mandamus to control discretionary powers of administration unless abuse is clearly manifest.

Bones v. Warden

77 Misc. 2d 617 · New York Supreme Court · Jan 8, 1974

Some advice in regard to use immunity should have been given to petitioner. Perhaps if it had been given he would have felt more able to participate fully in the disciplinary hearings. … A reading of the court record indicates that although she may be very well qualified to perform her duties as caseworker, she does not understand the English language sufficiently to allow for her full participation in the

Thurman v. Cameron

24 Wend. 86 · New York Supreme Court · May 15, 1840

The parties could not thus change the established forms of conveyancing. … It was therefore clearly void, as being both against the letter and spirit of the law to prevent maintenance, *un- [ *91 ] *91 less the adverse character of the possession was destroyed or qualified by the defendant’s decl

Hente v. Shercoop Corp.

175 Misc. 321 · New York Supreme Court · Nov 25, 1940

The evidence established that on May 10, 1934, Shercoop leased the entire premises to Bostock. … Shercoop argues that it is immune from statutory liability because it leased the whole of the premises to Bostock to be used by the latter solely for the purposes of its business of manufacturing and selling mirrors.

Board of Education v. Dobson Construction Co.

67 Misc. 2d 1094 · New York Supreme Court · Oct 22, 1971

The court is of the opinion that the language contained in paragraph number one of article 46 clearly establishes the status of the architect as that of the agent for the plaintiff. … While paragraph number 2 of the same article casts the architect in a secondary role of arbiter, the same does not affect his status as agent of the plaintiff, nor does any of the qualifying language of article 47 of the

United Water New Rochelle, Inc. v. City of New York

180 Misc. 2d 241 · New York Supreme Court · Mar 9, 1999

It has been long established that New York City may not deny applications from such entities to “tap-in” to the system, though it may establish reasonable rules and regulations governing the means by which, and the quantity … Clearly, respondents have no contractual obligation to chlorinate to any degree the water which is delivered to Briar-cliff.

Brown v. AMF Inc.

124 Misc. 2d 964 · New York Supreme Court · Dec 23, 1983

No privilege or immunity is asserted by defendants with respect to the requested depositions. … It is noted that defendants do not challenge plaintiff’s right to ascertain other similar claims (of which there are 42), as said right is clearly permissible under applicable case law.

Watervliet Turnpike Co. v. M'Kean

6 Hill & Den. 616 · New York Supreme Court · Jul 15, 1844

a turnpike road “ from the north boundary line of the city of Albany, to the upper ferry - *618 opposite the city of Troy,” and the act declares that “ the said company shall have all the rights, privileges, powers and immunities … Sections fifty-five and thirty-six above set forth, were therefore originally as clearly applicable to this turnpike company as to any other.

Howell v. Globe & Rutgers Fire Insurance

133 Misc. 193 · New York Supreme Court · Oct 19, 1928

It is an established rule that contracts of marine insurance are to be liberally construed in favor of the insured. (Duncan v. China Mut. Ins. Co., 129 N. Y. 237 .) … It will be sufficient upon trial to establish that the damages sustained were sustained either by L. R.

Harwood v. City of Rensselaer

67 Misc. 2d 504 · New York Supreme Court · Aug 18, 1971

A hearing was held in this matter at Chambers and the following chronological data was established: (a) petitioner was born October 3, 1938; (b) a civil service examination for patrolman was given by Rensselaer on November … qualifies him in age as of the date of his appointment on May 27, 1969.

HSBC Bank USA, N.A. v. Cayo

34 Misc. 3d 850 · New York Supreme Court · Dec 12, 2011

Many mortgage lenders have expressed their intention to postpone foreclosure sales on all mortgages that may qualify for the modification in order to allow sufficient time to evaluate the borrower’s eligibility.” … Clearly, it would be inequitable to allow the plaintiff to simultaneously delay the action and to rely upon it as evidence of prejudice.

In re the Final Judicial Settlement of the Account of Proceedings of Frothingham

70 N.Y. Sup. Ct. 430 · New York Supreme Court · Feb 15, 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

Gould v. Gould

126 Misc. 54 · New York Supreme Court · Nov 10, 1925

It is significant in this connection that while the testator grants this immunity to his trustees against losses resulting from the holding of securities, he gives no such immunity with respect to improvident or unauthorized … Brimmer (supra), in order to establish a ratification by a cestui que trust “ the fact must not only be clearly proved but it must be shown that the ratification was made with a full knowledge of all the material particulars

Chenango Bridge Co. v. Binghamton Bridge Co.

30 How. Pr. 346 · New York Supreme Court · Feb 15, 1866

The inquiry then is, has the legislature used language ■ that clearly conveys that intention ? and on this point we entertain no doubt. … and bridges, and so to regulate.them, that no rival ferries or bridges can be, established within certain fixed distances.

McLaughlin v. McCanliss

146 Misc. 518 · New York Supreme Court · Feb 9, 1933

The court is of the opinion that the provision in the State Constitution guaranteeing the writ of habeas corpus was not intended to and does not confer upon a relator any such immunity from his otherwise existing obligation … The evidence establishes, however, that there is no basis in fact for this defense.

Pardee v. Tilton

27 N.Y. Sup. Ct. 76 · New York Supreme Court · Jan 15, 1880

The provisions of the Code of Procedure clearly conferred this right .upon the representative. Section 283 of the Code, as amended in 1866, reads as follows : “ Section 283. … It does not affect any lawful act done or right accrued or established before this act takes effect; but every such act or right remains as valid and effectual as if this act had not been passed. * * * “9.

People v. Morrell

21 Wend. 563 · New York Supreme Court · Oct 15, 1839

The statute declares what would necessarily result as an operation of law, that the new county of Fulton should be entitled to 'and possessed of all the benefits, rights, privileges, and immunities, and be subject to the … Chancellor Sanford said that, by the division, two new corporations were established in the place of one ; and each of the new political bodies had a capacity to hold land within its own limits.