Case law

Mark v. Lang

52 Misc. 2d 469 · New York Supreme Court · Jan 5, 1967

Petitioners’ expert witness’ testimony conclusively established the propriety and necessity of excluding respondents’ key answers A3 and B6 inasmuch as it was clearly demonstrated that it would be impossible to create the … However, petitioners’ expert witnesses and their cited documentary authority for this answer clearly establish that the 11 machinery ’ ’ contemplated in this response is not the existing formal procedures of the Police Department

Theroux v. Reilly

187 Misc. 2d 723 · New York Supreme Court · Feb 7, 2001

The issue is thus framed rather clearly. … a heightened level of work within the particular group to qualify for section 207-c benefits.

In re the City of New York

51 Misc. 2d 1008 · New York Supreme Court · Oct 27, 1966

Considering, first, the water tower, generally attached to a base affixed to the roof, it seems clearly to fall within the boundaries of the middle category. … Certain Props., etc. ( 344 F. 2d 142 , supra), the court was applying New York law, while indicating clearly that it would independently have arrived at the same conclusion.

Haynes v. Brennan

16 Misc. 2d 13 · New York Supreme Court · May 26, 1954

The record clearly establishes that petitioner signed releases for an investigator to obtain access to draft and social security records and that petitioner went to Baltimore, Maryland, by plane in an effort to expedite the … The determination that the petitioner is not qualified is annulled and the respondents are directed to restore and reinstate him as a probationary patrolman, as prayed for in the petition.

McLoughlin v. Naugle

34 Misc. 385 · New York Supreme Court · Mar 15, 1901

Such evidence is clearly incompetent, and would not be received in this form upon the trial of the action. … In short he wholly fails to qualify himself as an expert as to the value of such services. Unless he is an expert his opinion upon the subject is valueless.

People v. Thurston

2 Park. Cr. 49 · New York Supreme Court · Jul 15, 1852

not heard all the evidence, tending to establish insanity, which the prisoner had adduced. … The form of the question above given, clearly indicates that the medical witness must hear the whole evidence, in order to qualify him to give an opinion. So in Rex vs.

Leventhal v. Gillmore

123 Misc. 703 · New York Supreme Court · Sep 22, 1924

Lewis, Jr., and Spencer Kellogg, who duly qualified under said act and are acting as such commission. … Lewis, Jr., were *709 each eligible therefor, and that at all times since their said appointment, acceptance and qualifying as such members of said board or commission, each said commissioner has been duly qualified, vested

Morgan v. H. P. Drewry S. A. R. L.

3 Misc. 2d 440 · New York Supreme Court · Mar 7, 1956

Such a requirement “ would be granting a special immunity to nonresident litigants, a doctrine to which our courts could not subscribe.” (Morgan v. Drewry, S. A. R. L., 285 App. Div. 1, 5 .) In Robinson v. … Accordingly, I find that the plaintiffs have established their lien against the defendants, Drewry and Onassis.

DeLury v. City of New York

83 Misc. 2d 202 · New York Supreme Court · Jul 28, 1975

paragraph of section 1 of article III of the agreement (said article being captioned "Salaries”) the union’s members are guaranteed job security for the two-year period from July 1, 1974 to June 30, 1976 which renders them immune … The absence of such specific provision in the sanitationmen’s agreements seem clearly to indicate that job security was not intended to be given to the sanitationmen.

Johnson v. Space Saver Corp.

172 Misc. 2d 147 · New York Supreme Court · Feb 27, 1997

After the date upon which this statutory immunity to employers is effective, no third-party actions against employers may be brought unless the source of the employer’s obligation to contribute to or indemnify the third party … Clearly, by providing for an audit to determine the reduction in reserves that will result by virtue of the amendment to the Alternative Remedy provision and its effective date as established by Section 90 (L 1996, ch 635

City of New York v. J & J Tummy Yummies Inc.

179 Misc. 2d 527 · New York Supreme Court · Oct 23, 1998

There are no signs posted inside or outside that food is served and the limited bill of fare hardly qualifies as a restaurant. … so the premises clearly constitutes an adult establishment within the meaning of the Zoning Resolution.

Rubenstein v. Mueller

47 Misc. 2d 830 · New York Supreme Court · Aug 25, 1965

Her surviving husband, Conrad Mueller, qualified as sole executor and as her sole beneficiary received her entire net estate. … The language of the will itself clearly indicates the agreement of the parties to dispose of their property. It is captioned “ JOINT LAST WILL AND TESTAMENT OF CONRAD MUELLER and BERTHA mueller ”.

Des Pres v. Niagara County Board of Supervisors

37 Misc. 2d 1087 · New York Supreme Court · Jan 17, 1963

Y. 54 [1934]), which was decided three years after the *1089 decision rendered by the Appellate Division in the Daioson case, clearly held that a county attorney is a public officer and referred specifically to the said Appellate … Y., Book 11), definitely establishes that a county attorney is a public officer and, therefore, the county attorney is within the confines of section 5 of the Public Officers Law, and holds over until his successor has been

Finigan v. Zuber

156 Misc. 479 · New York Supreme Court · Dec 31, 1934

Certain general rules applying to the proceedings are well established. … Naturally an experienced chief of the fire department would be desirous of procuring such apparatus, and it is reasonable to assume would be better qualified than an inexperienced individual in preparing specifications for

Croft v. McGinnis

24 Misc. 2d 235 · New York Supreme Court · Nov 16, 1959

her subordinates than to “ lead ” them, when she should be more considerate of others; (9) she is overzealous in attempting to maintain order and obedience when she should be more tactful; (10 she does not appear to be qualified … Indeed, it is *239 a well-established principle that even if, in any given case, the court may be of the opinion that a petitioner should not have lost his position, that is of no consequence, unless the dismissal be arbitrary

Earl v. Van Alstine

8 Barb. 630 · New York Supreme Court · Jun 4, 1850

It is unnecessary to enter into any examination of the cases *632 which establish one branch of the proposition contended for, to wit, that in order to make the owner of a domestic animal liable for any violent injury done … Upon the whole, therefore, I am clearly of the opinion that the owner of bees is not liable at all events for any accidental injury they may do. .

Brown v. Lavine

76 Misc. 2d 733 · New York Supreme Court · Nov 16, 1973

The agency established his need by budgeting his allowance at $107.75 semimonthly— against this sum it deducted the income of $130 he received monthly from the VA or $65 semimonthly. … It does not require that every inhabitant of this State normally qualified for such aid, is entitled to be supported regardless of his actions and conduct.

Grumet v. New York State Education Department

151 Misc. 2d 60 · New York Supreme Court · Jan 22, 1992

Such a law clearly violates the Establishment of Religion Clause of both the State and Federal Constitutions. … The establishment of a governmental unit, in this case, a school district, constitutes a most direct affront to the Establishment Clause.

Ecker v. Town of West Seneca

87 Misc. 2d 322 · New York Supreme Court · Mar 12, 1976

In addition, the manner of conducting the election is challenged as is the procedure for determining a qualified elector. … Subdivision 2 of section 84 of Town Law provides that the town board may use personal registration of voters for a town election — clearly permissive language.

People ex rel. Carillo v. Basilone

183 Misc. 2d 707 · New York Supreme Court · Jan 13, 2000

Inmates with short sentences will not be able to enroll in programs that permit them to qualify for “merit time” sentence reductions. 3. … That burden clearly rests on and must be carried out by City DOC and State DOCS. The Legal Aid Society does not exist to perform those functions the government is obligated to do.