Case law

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.

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

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

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.

Berkshire Knitting Mills v. City of New York

1 Misc. 2d 189 · New York Supreme Court · Dec 20, 1955

The indication of duress in that case is clearly, therefore, referable to the peculiar facts of that C3/S6. In Guzy Realty Co., v. City of New York ( 175 Misc. 1070, 1071-1072 , affd. 262 App. … Div. 1008 ) the court stated: “ The rule is well established that a taxpayer may not recover pay *193 ments made by him, unless when the payments were made he called into question the legality of the demand for payment by

Greenwald v. Frank

70 Misc. 2d 632 · New York Supreme Court · Jun 29, 1972

Though one of the important functions of a policeman is to protect the constitutional rights of others, it is ironical that in the proper performance of his job certain rights must be, of necessity, qualified or *636 restrained … The private interest here, that of a policeman in uniform to determine his own personal appearance, is clearly offset by the “powerful countervailing interest” of the police department and the general public.

Verbeck v. Verbeck

187 Misc. 750 · New York Supreme Court · Jul 15, 1946

The Pennsylvania decree was an adjudication that the parties were no longer husband and wife and established their status as to the future. (Pearson v. Pearson, 230 N. Y. 141 .) … Although the debt may not be extinguished by the tender of the checks, clearly, no proceeding for contempt is warranted under such circumstances. The defendant’s motion to punish the plaintiff for contempt is denied.

People ex rel. Patterson v. Flynn

44 Misc. 20 · New York Supreme Court · Jun 15, 1904

act of another by criminal means, or has committed suicide, he must go to the place where the person is and forthwith inquire into the cause of death or wounding, * summon not less than nine nor more than fifteen persons, qualified … It was clearly a case of suicide or homicide. The position of the wound and the revolver seems to me to establish, within the meaning of the statute, probable cause to believe that it was homicide, and not suicide.

Heyward v. Mayor of New-York

8 Barb. 486 · New York Supreme Court · May 6, 1850

And there can be no doubt that an act of the legislature passed anterior to the constitution of the year 1821, delegating the power to take private property, for a use clearly and avowedly private, would be held void upon … A turnpike road is a highway in which the public have a qualified easement; that is, the right to pass and repass upon the payment of a certain toll established by law.

People v. Victor R.

186 Misc. 2d 28 · New York Supreme Court · Sep 5, 2000

As the court noted at the hearing, even if these disputed 30 points were excluded entirely, defendant would still qualify as a level three risk. … By clear and convincing evidence, the People have established that defendant is a level three risk sexual offender.

People ex rel. Wogan v. Rafferty

77 Misc. 258 · New York Supreme Court · Jun 15, 1912

As it would have been an impossibility for all the people of the state to meet from time to time in the persons of their qualified electors for the purpose of establishing laws, the representative form of government was adopted … of English government on Long Island, nor even at the time of the establishment of state government under the Constitution of 1777 and the ordinance adopted by the convention for organizing and establishing the same.

People v. Bein

114 Misc. 2d 1021 · New York Supreme Court · Jul 22, 1982

reliability of the voiceprint process had not been established. … Thus, we should be most careful in admitting into evidence the results of such tests unless their reasonable accuracy and general scientific acceptance are clearly recognized.”

Arnold v. Hudson River Railroad

49 Barb. 108 · New York Supreme Court · May 13, 1867

And certainly the plaintiffs cannot be deemed to have acquired the easement in question otherwise than as qualified by the legal effect of these acts of their devisor. … This case is clearly within the principle stated. What property of the plaintiffs has been taken or appropriated by or for the use of the defendants ? ¡None whatever.

Village of Camden v. National Fire Insurance Co. of Hartford

155 Misc. 2d 607 · New York Supreme Court · Oct 2, 1992

Meagher was clearly unintended. Moreover, the court finds that issuing Mr. … Since the Village’s obligation was not discretionary, it was not entitled to automatic immunity, and Mr.

Vilas v. Vilas

205 Misc. 988 · New York Supreme Court · Mar 31, 1954

The applicable principle was clearly enunciated in Korn v. Lipman ( 201 N. … Div. 434 ), service by a deputy United States marshal without the State (at a time when section 233 included “United States marshal” but not “deputy United States marshal” among those qualified to serve without the State)

Danihie v. Hyatt

22 N.Y.S. 995 · New York Supreme Court · Apr 13, 1893

But that fact, if it was such, was never communicated to the plaintiff, and, as affecting his right, cannot serve to qualify the acts and accompanying declarations of the defendant himself. … That is the fact which is charged in the complaint as the ground of the plaintiff’s action, and which we think is clearly established by the undisputed evidence, from which the facts above recited are drawn.

People ex rel. Stemmler v. McGuire

4 Thomp. & Cook 658 · New York Supreme Court · Oct 15, 1874

The policy of the law, on the other hand, is to sustain them, unless the injustice of doing so is clearly made to appear. … Iniquity of this nature is entitled to no such immunity.

Mendez v. New York & Presbyterian Hospital

34 Misc. 3d 735 · New York Supreme Court · Nov 14, 2011

Hopefully, as more courts apply the allocation process to settlements, certain general parameters will be established to deal with differing fact patterns. … “Where words of a statute are free from ambiguity and express plainly, clearly and distinctly the legislative intent, resort may not be had to other means of interpretation” (McKinney’s Cons Laws of NY, Book 1, Statutes §

Prooth v. Wallsh

105 Misc. 2d 653 · New York Supreme Court · Apr 2, 1980

The New York locality rule, as clearly stated in Pike v Honsinger ( 155 NY 201 ) and restated in Toth v Community Hosp. at Glen Cove ( 22 NY2d 255 ) does not appear to have been rejected by any of our appellate authorities … Since New York City is a major world center, with generally the most advanced medical facilities and a repository of highly trained, experienced well-qualified medical practioners, it is difficult to perceive how a patient

America Press, Inc. v. Lewisohn

74 Misc. 2d 562 · New York Supreme Court · Jun 13, 1973

The testimony does not establish any diversion to public or other use. … for exemption.” *571 This petitioner qualifies as such new entity.