Case law

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.

People ex rel. Worth v. Grant

12 N.Y.S. 879 · New York Supreme Court · Dec 29, 1890

The locality of play-houses, circus pavilions, concert halls, and the like, is clearly a matter of public concern. … The relator contends that, if it exists at all, the discretion is qualified by the requirement of good faith.

Slosson v. Lynch

43 Barb. 147 · New York Supreme Court · Nov 7, 1864

In none of these cases were the words “next of kin” used without qualifying words. In Brandon v. Brandon the word nearest may be said to have qualified the words “next of kin;” in Smith v. … Young, but he says that the decision did not interfere with his decision, and it clearly did not. In Drake v.

People v. Babbush

150 Misc. 2d 174 · New York Supreme Court · Jan 18, 1991

Zebersky to work, or that she in fact performed some work in exchange for her salary, are matters of fact which the evidence clearly puts in issue and which are for the jury to resolve. … The court apparently had no doubt, however, that as a matter of statutory interpretation, the Legislature intended that the new procedures in regard to establishing venue be applied to the prosecution of crimes committed

Warfield v. Watkins

30 Barb. 395 · New York Supreme Court · Dec 5, 1859

If it had been, clearly there was no legal claim against the plaintiff for any portion of the costs; if it had not been, he was under no obligation to pay the costs while the action was pending. … The last clause of the' agreement does not qualify the defendant’s obligation “ to use due care and diligence in the collection.”

Charlton v. Montefiore Hospital

45 Misc. 2d 153 · New York Supreme Court · Jan 15, 1965

may be *158 drawn that a further fact is established. … , as an expert for the ■ purpose of establishing the geuerally accepted medical practice in the .community.”

Devito v. Moss

170 Misc. 170 · New York Supreme Court · Feb 7, 1939

Undoubtedly the commissioner may establish cube ice as one of the standard sizes *174 which all ice dealers are permitted to sell, but that is a different matter from allowing one qualified ice dealer to sell merely one standard … The language quoted does not indicate clearly what standard measurements, if any, it intends to prescribe.

Seymour v. Holcomb

7 Misc. 3d 530 · New York Supreme Court · Feb 23, 2005

The City Clerk has a duty to issue marriage licenses to qualified applicants under the general supervision of the DOH. (Domestic Relations Law § 15 [2]; § 23.) … persons of the opposite sex and clearly based on the invidious racial discrimination behind the law.

Koehler v. Koehler

182 Misc. 2d 436 · New York Supreme Court · Sep 22, 1999

At the onset of the trial, the court allowed the plaintiff to submit such proof as would establish the court’s jurisdiction over the parties and their marriage. … In a similar case involving personal property, it has been held that Banking Law § 675 (b) merely creates a presumption as to the ownership whereas here the proof clearly establishes that the contributions to the account

Cooper v. Morin

91 Misc. 2d 302 · New York Supreme Court · Aug 5, 1977

(H) Section 1983 imposes liability only for deprivations or violations of clearly established Federal constitutional rights of a particular plaintiff. … Pierson addressed the good-faith concept as a "defense” but the later cases have discussed it in terms of a qualified "immunity”.

Zaidi v. United Bank Ltd.

194 Misc. 2d 1 · New York Supreme Court · May 2, 2002

Once constitutional malice is proven generally or to defeat a qualified privilege, the plaintiff is entitled to at least nominal compensatory damages only because such proof does not establish the outrage underlying the public … Such unexplainable contradictory statements, by the same person, about the same person, concerning the same period of time, were clearly made with “knowledge that [at least one statement] was false or * * * [with] reckless

Griswold v. Warner

3 N.Y.S. 688 · New York Supreme Court · Jan 11, 1889

We think the defendants’ contention is supported by the current of authorities, and clearly so by the decisions of the courts of this state. … A gift of land by will, with an absolute'power to sell and convey the same by the devisee, without any subsequent provision or words to qualify the power to sell, is a gift in fee-simple.

Faculty-Student Ass'n of State University College at Buffalo, Inc. v. Town of Lyndon

137 Misc. 2d 1057 · New York Supreme Court · Dec 23, 1987

an assessor nor a court may insert qualifying clauses or add conditions not contained in the statute. … A perusal of the forms clearly indicates that they are designed to provide the assessor with sufficient information to determine the eligibility of the applicant for tax-exempt status.

Incorporated Village v. Guardian Federal Savings & Loan Ass'n

87 Misc. 2d 344 · New York Supreme Court · Apr 26, 1976

According to the defendants, the savings clause renders any building which achieved legal nonconforming use status prior to January 1, 1975 immune to the demands of the ordinance. … The Chevron principles establish the propriety of giving nonretroactive effect to the Daly holding as a case of first impression "whose resolution was not clearly foreshadowed.”

Welling v. Fullen

164 Misc. 456 · New York Supreme Court · Oct 8, 1937

The court held the appointment illegal because he had not qualified before his appointment but after. … The court held the appointment invalid even though no rules had been established which could be followed in making the appointment. (People ex rel. Chamberlain v. Knox, 45 App. Div. 518 .)

In re Farley

73 Misc. 555 · New York Supreme Court · Oct 15, 1911

An eligible list was immediately established as a result of this examination, and therefrom vacancies were filled. … The eligible list now in force was established FTovember' 25, 1910, having upon it 122 names, from which six appointments have been made.

Rotundo v. Kennedy

36 Misc. 2d 332 · New York Supreme Court · Sep 25, 1962

Hitzig, an internist and cardiologist rather than a qualified psychiatrist, disagreed with this and other of Dr. Horowitz’ medical findings. … Kennedy, 9 Misc 2d 49 ). *334 Contrary to respondents’ contention, upon the evidence before me, I find that the competent medical proof clearly establishes that petitioner’s disability, “ a traumatic neurosis of a permanent

O'Brien v. People

48 Barb. 274 · New York Supreme Court · Jan 7, 1867

The evidence of the juror established very clearly that he had read a statement in the newspaper of the homicide, but that, although he had an impression that a homicide was committed, he had none as to the guilt or innocence … The homicide was a brutal murder, without any qualifying circumstances, and no injustice has been done by the conviction. The judgment should be affirmed. Leonard, Ingraham and Clerke, Justices,]

Brown v. Town of Canton

4 Lans. 409 · New York Supreme Court · Jun 15, 1871

It clearly appears from this statute, that the certificate in question supersedes the certificate of the board of town auditors, which they are required to make in regard to claims allowed by them, “ specifying the name of … The defendant was cognizant of all the facts, and can claim no immunity from want of notice.

Empire Gen Holdings, Inc. v. Governor of New York

40 Misc. 3d 984 · New York Supreme Court · Jun 25, 2013

Tax Law § 21 (a) (3) establishes such credit and provides, in pertinent part, that it is “allowed for the taxable year in which such qualified tangible property is placed in service on a qualified site with respect to which … The parties agree that the facility constitutes “qualified tangible property” and that the South 40 is a “qualified site,” which received a “certificate of completion.” (Id.)