affirmed rule in New York

2007Auth., 67 NY2d 219, 223 .) Thus, the trial court properly excluded defendant’s initial internal investigatory report, which, although it labeled defendant’s driver ‘at fault’, was based on defendant’s internal rules and policies that exceeded the applicable common-law negligence standard of care, and was reduced on review to a finding of ‘questionable’.” In Karoon v New York City Tr.

1976Only when moral, mental and physical conditions are so bad as seriously to affect the health or morals of children should the courts be called upon to act.” In the Matter of Paolella v Phillips ( 27 Misc 2d 763 ) this court affirmed the principle of noninterference in the religious upbringing of children, there rejecting the petition of a Catholic father to direct the custodian mother, a converted Jewess, to raise the children of that marriage as Christians.

1964The court further stated that it was sufficient if it appeared from the context of the will or trust, and the extraneous facts which might be properly considered, that the grantor intended to include adopted children (citing New York Life Ins. & Trust Co. v. Viele, 161 N. Y. 11 and Matter of Upjohn, supra), and that adopted children were not required to establish that they specifically were contemplated as objects of affection and bounty by the testator (citing Matter of Charles, 304 N. Y. 776 and Matter of Ward, 9 A D 2d 950, affd. 9 N Y 2d 722).

1964The court further stated that it was sufficient if it appeared from the context of the will or trust, and the extraneous facts which might be properly considered, that the grantor intended to include adopted children (citing New York Life Ins. & Trust Co. v. Viele, 161 N. Y. 11 and Matter of Upjohn, supra), and that adopted children were not required to establish that they specifically were contemplated as objects of affection and bounty by the testator (citing Matter of Charles, 304 N. Y. 776 and Matter of Ward, 9 A D 2d 950, affd. 9 N Y 2d 722).

1964The court further stated that it was sufficient if it appeared from the context of the will or trust, and the extraneous facts which might be properly considered, that the grantor intended to include adopted children (citing New York Life Ins. & Trust Co. v. Viele, 161 N. Y. 11 and Matter of Upjohn, supra), and that adopted children were not required to establish that they specifically were contemplated as objects of affection and bounty by the testator (citing Matter of Charles, 304 N. Y. 776 and Matter of Ward, 9 A D 2d 950, affd. 9 N Y 2d 722).

1956Twice, very recently, this court affirmed that rule (Friedlander v. Scheer, 281 App. Div. 808 , affg. 1 Misc 2d 899 ; Matter of Kelekian, 281 App. Div. 877 ).

1956Twice, very recently, this court affirmed that rule (Friedlander v. Scheer, 281 App. Div. 808 , affg. 1 Misc 2d 899 ; Matter of Kelekian, 281 App. Div. 877 ).

1956Twice, very recently, this court affirmed that rule (Friedlander v. Scheer, 281 App. Div. 808 , affg. 1 Misc 2d 899 ; Matter of Kelekian, 281 App. Div. 877 ).

1852So also in Munson v. Hungerford, ( 6 Barb. 265 ,) the supreme court, held that the right to float logs on a stream, for three or four weeks in a year, during the freshets, in such a manner as to endanger and seriously injure the dams thereon, could not be made the subject of a dedication to the public; such a right not being in any sense a public right which can, from the nature of the case, be enjoyed by the public at large.