Case law

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.

Antell v. Board of Education

21 Misc. 2d 119 · New York Supreme Court · Dec 10, 1959

sworn statement of the Superintendent that the amendment was not recommended for that purpose, (3) the board’s explanation of the purpose of the amendment, and (4) petitioners’ failure to submit any evidence even tending to establish … The cases relied upon by petitioners (and in the brief of New York Teachers Guild, as amicus curias, submitted on a companion motion) are clearly distinguishable.

In re Guldenstern

14 Misc. 456 · New York Supreme Court · Apr 15, 1920

No Polish government had yet been established. Amidst this scene of confusion it was hard to select the lawful sovereign. William II was the only potentate in Poland at that time. … Clearly not. The Kaiser was no longer monarch of East Africa and the natives no longer his subjects. That colony, by the fortunes of *459 war, passed from the sceptre of William II to that of his cousin, George V.

Reidy v. City of Syracuse

164 Misc. 656 · New York Supreme Court · Sep 22, 1937

The allegations of his complaint with respect to his ' qualifications as enumerated in and required by said section 51, it seems to me, show him to be qualified to bring the action. … That the Court declare that the polling place for the said registration and election should be established at Washington Irving School in the City of Syracuse. “ 4.

Devine v. New York Convention Center Operating Corp.

167 Misc. 2d 372 · New York Supreme Court · Feb 27, 1996

Accordingly, the plaintiffs are unable to qualify for preliminary injunctive relief under the tripartite test of Chrysler Corp. v Fedders Corp. ( 63 AD2d 567 ) and Albini v Solork Assocs. ( 37 AD2d 835 ). … They have not established a likelihood of success on the merits.

People v. Hale

173 Misc. 2d 140 · New York Supreme Court · Jun 6, 1997

The court cannot say that this decision was clearly wrong. … The defendant relies on statistical data and studies which purport to establish that a jury that is death qualified is more *190 likely to convict and more likely to believe the prosecution’s evidence than the defendant’s

Steak Bit of Westbury, Inc. v. Newsday, Inc.

70 Misc. 2d 437 · New York Supreme Court · Jun 22, 1972

It must overcome the qualified privilege of fair comment which protects criticism of institutions serving the public. (Dolcin Corp. v. Reader’s Digest Assn., 7 A D 2d 449, 456.) A. … Even if it were, it would be constitutionally protected by the shield of fair comment, since malice or recklessness is in no way established or to be reasonably inferred from the facts presented.

Abrams v. New York State & Local Employees' Retirement System

175 Misc. 2d 257 · New York Supreme Court · Jan 14, 1998

An employer shall establish a review process which shall afford a member an opportunity to appear in person or in writing. … person would recognize as an explanation or request requiring a formal decision by him or her to join a public retirement system” (Retirement and Social Security Law § 803 [b] [3] [emphasis supplied]), the Legislature very clearly

Beck v. City of New York

23 Misc. 2d 1036 · New York Supreme Court · Mar 16, 1960

Plaintiffs’ expert witness, a qualified sanitary engineer, testified that this 90th Avenue sewer had a capacity of 50 cubic feet per second, and was inadequate to service the area which he estimated at 314 acres; that the … Div. 364, 365-366 ), to-wit: “Different conditions require the application of different principles in these so-called sewer cases, and the following propositions may be stated as firmly established by authority: The duty

Elmendorf v. Lansing

5 Cow. 468 · New York Supreme Court · May 15, 1826

Unless, therefore, the expressions in the conclusion of the bond, shew clearly and distinctly that something more is provided for than the order directs, I think the construction ought to be controlled by the decretal order … After the specification of what is to be done, the whole is qualified, “ according to the true intent and meaning of the said recited decretal order.”

Held v. Hall

191 Misc. 2d 427 · New York Supreme Court · Mar 18, 2002

In addition, the court established a schedule for the filing of further papers in the CPLR article 78 proceeding. … Clearly, there is no inconsistency or repugnancy between the two positions respondent seeks to retain in this case.

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).

Merriam v. Wolcott

61 How. Pr. 377 · New York Supreme Court · Aug 15, 1881

His intention in this particular clearly must prevail, unless it is inconsistent with the rules of law. … He knew also that she had removed to another state to gain a residence which would enable and qualify her to procure a divorce from such husband.

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.)

First United Fund Ltd. v. American Banker, Inc.

127 Misc. 2d 247 · New York Supreme Court · Feb 6, 1985

It thus appears that even though libel plaintiffs are entitled to extensive disclosure, they must abide by established rules. … The Appellate Division, First Department, has, in haec verba, created a constitutional qualified editorial privilege of sorts.

Volgenau v. Finegan

163 Misc. 554 · New York Supreme Court · Jan 17, 1937

In that case the statute clearly provided (§ 13, subd. 2) that the secretary of each municipal board was in the exempt class. … It was so qualified in Chittenden v. Wurster ( 152 N.

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.

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

People v. Quinones

11 Misc. 3d 582 · New York Supreme Court · Dec 16, 2005

Furthermore, the use of the permissive word “may” in the first sentence of subparagraph (iv) is inconsistent with the establishment of an eligibility requirement. … Subparagraph (v) establishes the effective dates of the law, and is not relevant to this discussion. .

Girard National Bank v. Brody

122 Misc. 790 · New York Supreme Court · Mar 15, 1924

According to a bill of particulars which he was required to serve, the arrangement for immunity from liability as an indorser was verbally agreed to between defendant and plaintiff’s vice-president. … Moreover, in those cases and others of similar character it can be said the description or title added to the name was found to establish ambiguity.