Case law

Colbee 52nd Street Corp. v. Madison 52nd Corp.

8 Misc. 2d 175 · New York Supreme Court · Oct 1, 1957

S. with respect to the provisions of plaintiff’s lease was not established upon the trial. Nothing in its own lease made it incumbent upon C. B. … The evidence adduced upon the trial established no cause of action against Schraffts.

Southern Steel Co. v. County of Suffolk

51 Misc. 2d 198 · New York Supreme Court · Aug 19, 1966

The issue is important because although Southern Steel and another, Decatur Iron & Steel Co., Inc., qualify as both manufacturers and installers, Herrick does not manufacture. … Clearly, bids may be rejected for their failure to comply literally with specifications (Matter of Rockland Haulage v. Village of Upper Nyack, 13 A D 2d 819).

People v. Van Zandt

43 Misc. 3d 563 · New York Supreme Court · Feb 13, 2014

Whether or not the shares qualified as “stocks” protected by the Martin Act, the grand jury minutes sufficiently establish that they are nonetheless “securities” within the meaning of the act. … Finally, even if they are not the kind of “stock” that qualifies them per se as “securities,” the R.S.

Law v. Alexander Smith & Sons Carpet Co.

189 Misc. 200 · New York Supreme Court · Sep 30, 1946

Law ” and that the executor, who is not a party plaintiff or defendant, has actual legal title, she nevertheless claims that she is the “ equitable and beneficial ’.’ owner of the stock and that this interest establishes … Nothing in this section indicates specifically any intention on the part of the Legislature to change the rules already laid down by our courts as to what type of ownership was necessary to qualify a person as a stockholder

White v. White

197 Misc. 322 · New York Supreme Court · Nov 21, 1949

Poole, alone, qualified. He was, however, not a resident of this country, but was domiciled in England. … It is thus clearly evident that the testatrix has not placed a mandatory obligation upon her fiduciaries to sell the real estate.

People v. Colon

128 Misc. 2d 356 · New York Supreme Court · May 21, 1985

At issue here is whether the minimum showing necessary to establish probable cause has been met. … In order for a white packet to acquire the same significance as other common drug packaging materials, there must be some further evidentiary fact or combination of facts which clearly bespeaks the presence of a drug transaction

Reyes v. Sanchez-Pena

191 Misc. 2d 600 · New York Supreme Court · Apr 30, 2002

1 In that regard, has plaintiff established: *603 “A. … Although this conduct might not pass muster with a conservative application under the first prong of this clause (i.e., “regularly solicits business in New York”) it clearly qualifies as a “persistent course of conduct in

O'Connor v. Power

24 Misc. 2d 918 · New York Supreme Court · Oct 26, 1959

Michael Stern, did not properly state his name on said petition and is otherwise not properly qualified to appear as a candidate for District Attorney. … Where many signatures appear clearly to be in the same handwriting, the issue must be determined from the original petition filed. (Matter of Goldbas, 43 N. Y. S. 2d 352.)

Wilson v. Corestaff Servs. L.P.

28 Misc. 3d 425 · New York Supreme Court · May 14, 2010

However, long established precedent under Frye as well as long established principles of jurisprudence provide the court with ample precedent and guidelines. … Since credibility is a matter solely for the jury and is clearly within the ken of the jury, plaintiff has failed to meet this key prong of the Frye test and no other inquiry is required.

Sterling Factors Corp. v. Sad Sam's Furnitureland of Binghamton, Inc.

21 Misc. 2d 837 · New York Supreme Court · Jan 14, 1960

Y. 8 , 2d 307,) Defendant’s moving affidavit sets forth facts which clearly place defendant’s business and residence in Broome County. Accordingly, this motion may be made by defendant in Broome County. … Plaintiff therefore, cannot rely on its own residence to establish venue.

Security Trust Co. v. Valley Cadillac Corp.

91 Misc. 2d 511 · New York Supreme Court · Mar 29, 1977

The regulation of the commissioner clearly places a duty upon the dealer who sells a vehicle and forwards to the department an application for certificate of title. … Y., 396 ) holds that a memorandum upon a note made contemporaneously with and delivered with it, and intended as part of the contract, is a substantive part of the note, and qualifies it the same as if inserted in the body

Bates v. County of Steuben

113 Misc. 2d 68 · New York Supreme Court · Mar 5, 1982

The latter provision establishes a minimum below which the District Attorney may not be paid. … There is no *73 contention before this court that section 183-a of the Judiciary Law qualifies as a validly enacted special law.

Rizzo v. Moseley

30 Misc. 3d 773 · New York Supreme Court · Dec 21, 2010

Thus, there are clearly common questions of law and fact and intervention will not delay the action (Fasso v Doerr, 12 NY3d 80, 85 [2009]). … reject Empire’s argument that in view of the collateral source rule of CPLR 4545 (c), the effect of our decision [holding the insurance company lacked standing to bring an action under General Business law § 349] is to immunize

Sayres v. Johannes

116 Misc. 497 · New York Supreme Court · Sep 15, 1921

Following and qualifying this gift of the residue, the will contained the following clauses: “ * * # upon the condition precedent, however, that my said son, George H. … As Clara Johannes was thus clearly the beneficiary of the charge, her administratrix is now the person primarily entitled to maintain an action upon it.

Peters v. Moses

171 Misc. 441 · New York Supreme Court · Jun 8, 1939

No doubt, as the learned writer concludes: “ It is not the clearly unavoidable kind of noise that bothers most people most. It is the seemingly inconsiderate human participation in it that irritates.” … For each party must be made to yield some part of its right — the full enjoyment of which it could, exercise only in the absence of any right in the other, and the result is an approximation of the right of each as qualified

Blakelee v. Buchanan

44 How. Pr. 97 · New York Supreme Court · Oct 18, 1872

But the complaint sets out the circular or libel, and by inspection its words and language are as clearly before the court as though they had been repeated in the affidavit. … S., 9, was cited by the defendant’s counsel to establish that the circular alleged in the complaint in this action is not libelous.

Potter v. Tallman

35 Barb. 182 · New York Supreme Court · Sep 9, 1861

The contract reserved ten per cent interest for the use of the money, and if it was a New York contract then it was clearly usurious, and prohibited by the *186 laws of the state. … Upon these authorities, the judge at the trial was clearly right in excluding the evidence offered for the purpose of varying the terms of the written contract.

Grygas v. New York State Ethics Commission

147 Misc. 2d 312 · New York Supreme Court · Apr 6, 1990

Compared to other guidelines approved by the courts, the term "policy-making” is clearly constitutionally precise. … These safety-valve procedures, ostensibly a part of a constitutional immune system, then lose the ability to immunize a statute impacting upon privacy rights from constitutional attack.

Tenuto v. Lederle Laboratories

181 Misc. 2d 367 · New York Supreme Court · Jun 30, 1999

LaRue to immunize her infant daughter with the live polio virus vaccine at that time. Instead, she might have waited until she (Mrs. … Clearly this information was available at the time plaintiffs daughter was vaccinated.

Ticon Corp. v. Emerson Radio & Phonograph Corp.

206 Misc. 727 · New York Supreme Court · Nov 1, 1954

How can the Army rely for armaments upon the presently established system of private contracting and subcontracting if because of security reasons one may with complete immunity ignore his contractual obligations? … There will be time and logic and justice enough for that if and when it clearly appears that the national defense demands it.