Case law

Davier v. Reavy

179 Misc. 425 · New York Supreme Court · Jan 6, 1943

It clearly stated all the conditions and requirements necessary to attain passing grade, and also the method which would be followed in making and grading the candidate. The examination was held July 18,1942. … Petitioners have not established any right to such an order, and for the reasons stated herein their motion is denied with' costs. Submit order.

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.

In re McCarthy's Will

8 N.Y.S. 578 · New York Supreme Court · Dec 30, 1889

We think the question and answer were clearly incompetent. The witness was a layman, and, as bis evidence discloses, his education was quite limited. … claimed by the executor, who offered the will for probate, that he, as one of the personal representatives of the testator named in the will, released the witness from any restraints imposed upon him by the statute, and thus qualified

Fitzgerald v. 667 Hotel Corp.

103 Misc. 2d 80 · New York Supreme Court · Jan 17, 1980

The testimony clearly established that the hotel was a multiple dwelling and this fact is conceded by the owners, Matilda Edwards and Gertrude Latham. … The building was clearly a trap for its inhabitants and anyone else who came near the premises.

O'Riley v. McChesney

3 Lans. 278 · New York Supreme Court · Oct 15, 1870

Clearly not; and it is enough to maintain his action, that to this extent, his property is diminished in value. … The. right of the owner of lands to the enjoyment thereof is qualified by the rights of others; and while he is authorized- to pursue any lawful trade thereon, he cannot create a nuisance to the premises of another, and is

Jane P. v. John P.

135 Misc. 2d 400 · New York Supreme Court · Jan 15, 1987

Only two of these witnesses were qualified as experts. Dr. … On cross-examination, it was established that Dr.

Hogle v. Stewart

8 Johns. 104 · New York Supreme Court · May 15, 1811

I think it clearly does not. It is true that the state is bound to defend the purchasers of forfeited estates, against all claims whatsoever. … I cannot perceive, neither, why we should do away the obvious meaning of the legislature, which was to establish a short statute of limitation, in favour of a claim so stale as is the present.

Birkeland v. State

116 Misc. 2d 1 · New York Supreme Court · Aug 31, 1982

their training and experience in their positions have acquired invaluable expert knowledge and skill in the performance of [their] duties * * * it is essential that means be provided to continue as permanent appointees qualified … particular state of facts * * * but they may not be concerned with questions as to the ‘reasonableness, wisdom and propriety’ * * * expediency * * * or ‘desirability’ thereof * * * and ‘[w]here the question of what the facts establish

Oties v. Cowles Electric Smelting & Aluminum Co.

7 N.Y.S. 251 · New York Supreme Court · Oct 19, 1889

The question whether more •than three guys were necessary for the safe and proper erection and support of the derrick was clearly presented by the evidence, and, we must assume, since the charge of the court is not contained … It was competent to show by the evidence of experts what was a safe and°proper mode of erecting and supporting the mast; and the question whether a witness is qualified to testify as an expert is usually a question of fact

Ledgebrook Corp. v. Lefkowitz

77 Misc. 2d 867 · New York Supreme Court · Mar 12, 1974

The passage of the New York Condominium Act in 1964 further establishes the advance in popularity of this form of land development and the consequential interest by the Legislature in enacting laws to stimulate and regulate … By its terms, the statute is clearly limited to condominiums erected on property located in the State. The legislative memorandum on the original bill fortifies this limited application (N. Y. Legis.

People v. Brooks

125 Misc. 2d 992 · New York Supreme Court · Oct 10, 1984

The evidence presented at the hearing clearly shows that defendant’s contention that she was coerced to testify before the Grand Jury is without merit. … two statements under oath which are inconsistent to the degree that one of them is necessarily false, where the circumstances are such that each statement, if false, is perjuriously so * * * the inability of the people to establish

Cuyler v. McCartney

33 Barb. 165 · New York Supreme Court · Jun 4, 1860

Cuyler were admissible if a fraudulent combination was established. … Clearly, it will not do to prove the declarations and acts of the party, to establish the conspiracy, for this would be to assume the existence of a fact, and then say it existed, because it had been assumed.

Spindel v. New York City Housing Authority

41 Misc. 2d 363 · New York Supreme Court · Jan 3, 1964

After a finding at Special Term that issues of fact were raised by the affidavits “as to whether petitioner qualified for permanent promotion in March, 1959, and as to the exact nature of the promotion he did receive at that … The record establishes that petitioner has been employed by respondent Housing Authority since September, 1951.

Chesebro v. Hicks

66 How. Pr. 194 · New York Supreme Court · Oct 15, 1883

Very clearly, if the testimony of the plaintiff, his daughter and counsel, had been given, in open court, their general statements as to the result of interviews and correspondence would not have been received as evidence … Under such circumstances, while unwilling to admit the validity of a claim grima facie *199 barred, he facilitates a suit, by voluntary appearance, brought to establish the demand.

People ex rel. Ostwald v. Craver

188 Misc. 5 · New York Supreme Court · Nov 14, 1946

Established legal precedents, both Federal and State, the Code of Criminal Procedure, the Judiciary Law, logic and reason dictate and compel the conclusion he has been put in jeojardy for the same offense by a previous trial … Such pro *10 cedure would place a premium upon the neglect to ascertain whether a juror is qualified, for few men would challenge a juror if by their failure to do so they could gain a chance for a new trial in case of defeat

M.K.D. Capital Corp. v. Miller

170 Misc. 2d 1002 · New York Supreme Court · Sep 20, 1996

General Obligations Law § 5-701 (a) (10) does not specify when during the process of a real estate transaction a broker must be licensed in order to qualify for an exception to the written-agreement requirement, nor does … Clearly the Legislature established licensing requirements to assure the public of services competently, skillfully and ethically rendered by real estate brokers, and it follows that the time when a real estate broker must

Beggs v. Kern

172 Misc. 556 · New York Supreme Court · Nov 8, 1939

In certain respects the action of the commission is clearly illegal. … and the other cases cited, that, if the first incumbent had actually been appointed as an exempt employee and the position had thereafter been put in the competitive class, a resolution keeping him from the benefits and immunities

Brooks v. Schultz

3 Abb. Pr. 124 · New York Supreme Court · Jan 15, 1867

circumstances, although entirely within the knowledge of the same witnesses, or establishing them ignoranee or prejudice, would remain unabated ; in other words, that the pleasure of the witness, not the authority of law … This would clearly not be done, if the duties of the Commissioners appointed under such provision were confined to simply swearing a witness to a prepared affidavit, or taking down his answers to questions on one side and

Boiko v. Hults

25 Misc. 2d 995 · New York Supreme Court · Jul 1, 1960

The Legislature clearly could have done so had it so intended. … If this is so, the petitioner’s application has been judged upon an assumption of facts the truth of which has not been established, and he was not advised that such *1001 assumption had entered into the Commissioner’s determination

Posner v. United States Fidelity & Guaranty Co.

33 Misc. 2d 653 · New York Supreme Court · Feb 14, 1962

Div. 872 ; Tripp, Motion Practice, 1949-55 Supp., p. 237), if it is claimed that defendant for some reason by virtue of its legal entity is immune from suit. … The party seeking summary judgment in an action which turns on the construction of a contract has the burden to establish that the construction which it seeks to put upon the words of the contract is the only construction