Case law

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.

McCabe v. Kenney

5 N.Y.S. 678 · New York Supreme Court · May 24, 1889

The executors never qualified. He left him surviving two children and a widow, both of which children died in infancy, leaving their mother surviving, who died in the year 1850 or 1851. … What the nature of his claim was from this evidence it is impossible to determine, and it is clearly not that distinct claim of title which is required by the act in order to establish an adverse possession.

Piesco v. di Francesca

72 Misc. 2d 128 · New York Supreme Court · Nov 21, 1972

However, since the areas of plaintiffs’ lots do not comply with the minimum bulk regulations contained in the ordinance, the lots do not qualify for a special permit for any of the enumerated special uses. … Notwithstanding the clearly framed gravamen of the first cause of action, there was no factual showing whatever permitting a determination of whether the plaintiffs have suffered any significant economic injury by the application

Pearse v. Pettis

47 Barb. 276 · New York Supreme Court · Oct 2, 1866

This rule, if not general, clearly applies, between the vendor and the fraudulent holder under a fraudulent vendee; which is this case. The vendor has nothing to restore to him ; he has paid nothing. … rescisión of a contract tainted with fraud, should stand upon rational principles, and I know of no reason why a basis of justice and equity should be repudiated, or why the perpetrator of a fraud should be entitled to immunity

Chen v. City of New York

18 Misc. 3d 161 · New York Supreme Court · Oct 1, 2007

It is clearly established in the Second Circuit that an award of legal fees in a nominal damages case will be rare, being appropriate only in cases where the plaintiff “prevailed on a novel issue of law” “resulting] in ground-breaking … Moreover, the instant case would not qualify for an award of attorney’s fees even under the broader standard applied by the Court of Appeals to state legal fee provisions.

Sainer v. Affiliated Dress Manufacturers Inc.

168 Misc. 319 · New York Supreme Court · Jul 7, 1938

Thus, since the terms of the agreement prevent him from contracting with persons who, apparently, are able and willing to employ him, the wilful conduct of the Administrative Board has, it is claimed, virtually established … The language of this exhibit indicates clearly that the jobber shall make written application for the contractor to the Administrative Board.

State v. J.A.

21 Misc. 3d 806 · New York Supreme Court · Sep 26, 2008

Twilley has any medical expertise or qualifies as an expert herself. … Here, the records were made some 6 years or 30 years after the events surrounding the 1961 convictions, which is clearly not a reasonable time after the occurrence.

In re the Arbitration between Steinitz & Motor Vehicle Accident Indemnification Corp.

33 Misc. 2d 228 · New York Supreme Court · Mar 5, 1962

A “ qualified person” is a New York State resident who does not own an insured vehicle or who does not qualify as an insured under the omnibus clause. … Accordingly, he should not be enjoined from collecting his award in the absence of a statute clearly permitting the courts to grant a stay.

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.

Marine Bank v. Butler Colliery Co.

5 N.Y.S. 291 · New York Supreme Court · Mar 15, 1889

time the actual manager of the business of the defendant, and, with the nominal treasurer of the corporation, owned all its stock, except a few shares held by persons employed in the office of the defendant, sufficient to qualify … The authority of Dinninny to write the letter, and to bind the defendant thereby, is clearly established by the undisputed evidence of the manner in which the business of the corporation was conducted.

People v. Keller

176 Misc. 2d 466 · New York Supreme Court · Apr 8, 1998

Each of the items included in the statute qualifies as anonymous financial consideration, but a personal check does not. … Finally, the defendants argue that the People improperly utilized immunized testimony, but there is nothing to support this assertion other than pure speculation. No hearing is warranted.

People v. Petterson

58 Misc. 2d 597 · New York Supreme Court · Jan 2, 1969

The defendant, by his reply, clearly relies upon Duncan v. Louisiana ( 391 U. … Louisiana (p. 156) the court said: “ The deep commitment of the Nation to the right of a jury trial in serious criminal cases as a defense against arbitrary law enforcement qualifies for protection under the Due Process Clause

Duane Thomas Loft Tenants Ass'n v. Sylvan Lawrence Co.

117 Misc. 2d 360 · New York Supreme Court · Dec 9, 1982

Although the leases restricted the parties to occupancy for commercial purposes, the credible evidence adduced at trial overwhelmingly establishes that (1) defendants knew that the loft tenants had simultaneously established … To the contrary, the statute on its face does not require that a building contain six residential units as of a particular date in order to qualify for rent stabilization status.

JP Morgan Chase Bank, National Ass'n v. Ilardo

36 Misc. 3d 359 · New York Supreme Court · Mar 5, 2012

The plaintiff further challenges Ms. llardo’s claim that bank representatives advised her that she had to be in default under the terms of her loan to qualify for a loan modification since the TPP documentation itself clearly … Our guide must be the precedents prevailing since courts of equity were established in this State. Stability of contract obligations must not be undermined by judicial sympathy.

Colacicco v. Cicoria

167 Misc. 2d 831 · New York Supreme Court · Jan 4, 1996

Defendant hospital has provided affidavits from those responsible for collecting, maintaining and reporting these records and established that all the sought records fall within the privileged categories of the statutes and … The burden is on the party asserting a privilege to demonstrate that its application in the case before the court would be consistent with the purposes underlying the immunity. (Spectrum Sys. Intl.

People ex rel. Juarbe v. Board of Inspectors

32 Misc. 584 · New York Supreme Court · Oct 15, 1900

If he thus became a citizen of the United States, he should have *586 been registered, for he clearly possessed all the other prescribed qualifications. … The Constitution of the United States confers the power upon Congress to establish a uniform rule of naturalization.

Soltau v. Loewenthal

1 N.Y.S. 168 · New York Supreme Court · May 18, 1888

The course of dealing, as established and conducted by plaintiff and Smith, was simple enough to be easily understood. … None of the grounds which favored the defendant rested upon uncontroverted evidence clearly establishing it, and therefore the case is not within the exception suggested.

In re Stonebridge

10 N.Y.S. 727 · New York Supreme Court · Jul 18, 1890

The said receiver duly qualified, and published a notice.requiring all persons indebted to the said corporation, or having the property of said corporation in their possession, to pay such debts or sums of money, or to deliver … It appears clearly from the record in this case that no such notice was given.

In re the Director of the Assigned Counsel Plan

159 Misc. 2d 109 · New York Supreme Court · Jun 16, 1993

The Legislature has clearly vested solely in the Judge assigning the expert in question the authority to make this determination. … His hourly rate, $100 per hour, and his total fee in each of these two cases, in one of which (5615/89) this court determined that extraordinary circumstances existed, are clearly reasonable.

City of New York v. Wyman

66 Misc. 2d 402 · New York Supreme Court · May 18, 1971

In the instant case, the effect of the directive is clearly to discriminate against the poor in their effort to obtain legal abortions. … Clearly, modifications of the State plan require approval of the Secretary of HEW.