Case law

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.

Hebrew Home & Hospital for Chronic Sick, Inc. v. Davis

38 Misc. 2d 173 · New York Supreme Court · Nov 27, 1962

It is also charged that the defendant union established a mass picket line in front of plaintiff’s entrances, day and night, increasing in numbers at visiting hours to as many as 40 in number, thereby having the effect of … Perhaps recognizing this statutory and decisional impasse, defendants’ attorneys argue that the plaintiff has waived the immunity granted to it by the statute.

City of Syracuse v. Penny

59 Misc. 2d 818 · New York Supreme Court · Apr 14, 1969

This it has the power to do and if any such part of the National Electrical Code were to be in conflict either with the ordinances of the City of Syracuse or the laws of the State of New York it would clearly have the power … To that end the plaintiff city may exact a certain degree of skill and knowledge and require examinations, training and/or experience to qualify one to pursue such calling. (9 N. Y. Jur. Constitutional Law, § 198.)

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 .)

Tompkins v. Wadley

3 Thomp. & Cook 424 · New York Supreme Court · Apr 15, 1874

From this short interview it is claimed that the witness was qualified to express an opinion as- to the state of her affection toward the defendant. … The jury would have given the evidence a proper consideration, and may have reduced the damages if the fact had been clearly established.

City of New York v. Wiggles

178 Misc. 2d 1007 · New York Supreme Court · Nov 19, 1998

Crane in City of New York v Show World ( 178 Misc 2d 812 [Sup Ct, NY County]), the court concluded that an establishment with less than 10,000 square feet devoted to adult uses does not qualify as an “adult establishment” … Clearly, that is not now the case.

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,]

Gaines v. City of New York

8 Misc. 3d 968 · New York Supreme Court · Jun 27, 2005

Plaintiff argues that the City has not established lack of ownership of the bus. … from liability due to diplomatic immunity.

Helbig v. City of New York

157 Misc. 2d 487 · New York Supreme Court · Mar 30, 1993

This is clearly impermissible under Donohue, Hoffman, and their progeny. … At bar, plaintiff clearly alleged, at paragraph 28, that she relied upon the information concerning the test results provided to her.

Thayer v. Erie County Savings Bank

81 Misc. 493 · New York Supreme Court · Jul 15, 1913

having rendered any account of the $87,653.33 with which he had been charged in the decree of March 6, 1890', and it was sought to charge the surety company, the surety on the second bond, with the balance of the amount established … It was clearly an undertaking for the future, and did not cover and was not intended to cover past transactions or defaults. But that is not this case. Here the undertaking did not relate simply to the future.

Holland v. Superintendent of Highways

73 Misc. 2d 851 · New York Supreme Court · Apr 3, 1973

The statute does not specify any procedures to be followed in town ascertainment of an abandoned highway, in contrast to the notice and hearing required for a ‘ ‘ qualified abandonment ” finding. … Holland’s fee interest, clearly established by his surveyor’s title search of deeds going back over one hundred years, is not disturbed by the State’s order which relates solely to maintenance and care of the discontinued

In re Nadel

188 Misc. 2d 427 · New York Supreme Court · Feb 22, 2001

The case summary states that the three photographs respondent had transmitted over the Internet contained images of children under the age of 12. 2 Thus, the Board concluded, “the facts of [respondent’s] case clearly entail … SORA established a notification and registration scheme for individuals convicted of certain enumerated sex offenses.

Marsh v. La Marco

75 Misc. 2d 139 · New York Supreme Court · Sep 7, 1973

Therefore, it is time to construe the statute in the hope that appellate review will establish a consistency in judicial policy. … And it was not until 1936 (L. 1936, ch. 463) that infant’s funds were granted the immunity against recovery of assistance by a welfare department.

Bennett v. Cupins

132 Misc. 556 · New York Supreme Court · Jul 15, 1928

She is clearly entitled to the diminished rental value caused by the defendant during the time the nuisance has continued. (Jutte v. Hughes, supra.) … It seems to me, however, that this amount has not been clearly established. Included in this amount which she seeks to recover is the cost of the concrete to replace rotted sills and floors in her barn.

People ex rel. Dunn v. Board of Police of the Metropolitan Police District

35 Barb. 544 · New York Supreme Court · Nov 18, 1861

It was the intention of the legislature, in the enactment of the act of April 15, 1857, to establish a Metropolitan Police District, that the existing police force, as it was on the day when that act went into effect, should … When the office is full by appointment clearly made without authority, the writ will be granted, though generally a plenarty is an objection to such a proceeding. (Id. 183.)

Lewis v. Individual Practice Ass'n of Western New York, Inc.

187 Misc. 2d 812 · New York Supreme Court · Mar 30, 2001

IHA is a health maintenance organization (HMO) established pursuant to article 44 of the Public Health Law. IPA was established to coordinate and provide health care services to IHA’s enrollees. … These activities clearly constitute the type of patient advocacy sought to be protected under Public Health Law § 4406-d (5).

In re New York City Asbestos Litigation

175 Misc. 2d 819 · New York Supreme Court · Feb 24, 1998

Rather, the percentage is required to be increased should a plaintiff establish that jurisdiction could not be obtained over any of the entities to whom the jury attributed fault. … 1993]), it was held that CPLR 1601 does not preclude apportionment of the State’s culpability in a Supreme Court action even though the State can only be sued *824 for a tort in the Court of Claims, noting that the State’s immunity

Dawson v. Chisholm

1 N.Y.S. 171 · New York Supreme Court · May 18, 1888

There is another view of this ease, which seems to be established beyond all question; and that is that Bliven made false representations in regard to the value of the boat. … It is true that the findings of fact by the court or referee will not be disturbed upon appeal, unless entirely unsupported by evidence, or very clearly against the weight of evidence, and that every presumption is in favor

People v. Ruiz

126 Misc. 2d 389 · New York Supreme Court · Nov 13, 1984

The idea that groups of citizens should be automatically excluded from jury participation is clearly repugnant to our democratic system. … It is a democratic institution, representative of all qualified classes of people” (Fay v New York, 332 US 261, 299-300 ). It is therefore abundantly clear that there is no reason in law to exclude Mr.

Board of Supervisors v. People ex rel. McMaster & Harvey

7 Hill & Den. 504 · New York Supreme Court · Dec 15, 1844

Beers , established one if not two propositions exactly antagonistical to those of the supreme court. … To receive and enjoy in common, grants of privileges and immunities.”