entirely different rule in New York

2012The majority quotes Forrest stating that “the plaintiff must prove that the legitimate reasons proffered by the defendant were merely a pretext for discrimination by demonstrating both that the stated reasons were false and that discrimination was the real reason” ( 3 NY3d at 305 ).

2012The majority quotes Forrest stating that “the plaintiff must prove that the legitimate reasons proffered by the defendant were merely a pretext for discrimination by demonstrating both that the stated reasons were false and that discrimination was the real reason” ( 3 NY3d at 305 ).

1905The right to such an examination being purely statutory (Heishon v. Knickerbocker Life Insurance Co., 77 N. Y. 278 ), we should not by construction give plain and unambiguous language an unwarranted meaning.

1905The right to such an examination being purely statutory (Heishon v. Knickerbocker Life Insurance Co., 77 N. Y. 278 ), we should not by construction give plain and unambiguous language an unwarranted meaning.

1902It is said, however, that this court laid down an entirely different rule in Rutkowsky v. Cohen, 74 App. Div. 415 , 77 N. Y.

1902It is said, however, that this court laid down an entirely different rule in Rutkowsky v. Cohen, 74 App. Div. 415 , 77 N. Y.

2023The Court then drew a distinction between “public service functions, not related to criminal law enforcement” and criminal investigations, concluding that the latter are “viewed and measured by an entirely different standard of reasonableness” (De Bour, 40 NY2d at 218-219 ).

1994Interest Research Group v Steingut, 40 NY2d 250, 254 ; Matter of Merced v Fisher, 38 NY2d 557, 559 ) and then went on to hold that the rate-setting decision at issue was not "legislative” because it lacked a number of traits that ordinarily characterize enactments of a legislative body ( 50 NY2d, at 701-704 ).

1994Interest Research Group v Steingut, 40 NY2d 250, 254 ; Matter of Merced v Fisher, 38 NY2d 557, 559 ) and then went on to hold that the rate-setting decision at issue was not "legislative” because it lacked a number of traits that ordinarily characterize enactments of a legislative body ( 50 NY2d, at 701-704 ).

1994Instead, it referred to an entirely different principle, i.e., that article 78 is not the proper vehicle for challenging the constitutionality of a legislative enactment (see, e.g., Matter of Ames Volkswagen v State Tax Commn., 47 NY2d 345, 348 ; New York Pub.

1994Interest Research Group v Steingut, 40 NY2d 250, 254 ; Matter of Merced v Fisher, 38 NY2d 557, 559 ) and then went on to hold that the rate-setting decision at issue was not "legislative” because it lacked a number of traits that ordinarily characterize enactments of a legislative body ( 50 NY2d, at 701-704 ).

1994The defendant’s reliance on Arcara (supra) is therefore misplaced.

1991(People v Kibbe, 35 NY2d 407, 412 ; Matter of Fox v United Bhd. of Carpenters & Joiners, 33 AD2d 605 , lv denied 25 NY2d 744 .) It is for this very reason that acquittal on criminal charges is inadmissible in a subsequent civil action.

1991(People v Kibbe, 35 NY2d 407, 412 ; Matter of Fox v United Bhd. of Carpenters & Joiners, 33 AD2d 605 , lv denied 25 NY2d 744 .) It is for this very reason that acquittal on criminal charges is inadmissible in a subsequent civil action.

1989Although counsel may be subject to criticism for obtaining a confession of judgment on the eve of trial for his fee from defendant, we do not find that this detracted from the quality of his legal services in providing her with meaningful representation (see, People v Baldi, 54 NY2d 137 ).

1987"Consequently unrealistic restrictions on the authority to approach individuals would hamper the police in the performance of their other vital tasks * * * "We have consistently recognized the obligation of policemen to render assistance to those in distress * * * However, when police officers are engaged in their criminal law enforcement function their ability to approach people involves other considerations and will be viewed and measured by an entirely different standard of reasonableness * * * "Due to the tendency to submit to the badge and our belief that the right to be left alone is 'to

1979This, when viewed through the equal protection clause as applied in Orr v Orr (supra) is clearly unconstitutional.

1961It would seem that the trial court in finding against the defendant relied mainly upon the case of Shaw v. State of New York ( 196 Misc. 792 , affd. 278 App. Div. 871 , affd. 303 N. Y. 644 ) but that was a shoulder accident where an entirely different rule-as to the use of the shoulders, except in case of emergency, prevails.

1961It would seem that the trial court in finding against the defendant relied mainly upon the case of Shaw v. State of New York ( 196 Misc. 792 , affd. 278 App. Div. 871 , affd. 303 N. Y. 644 ) but that was a shoulder accident where an entirely different rule-as to the use of the shoulders, except in case of emergency, prevails.

1961It would seem that the trial court in finding against the defendant relied mainly upon the case of Shaw v. State of New York ( 196 Misc. 792 , affd. 278 App. Div. 871 , affd. 303 N. Y. 644 ) but that was a shoulder accident where an entirely different rule-as to the use of the shoulders, except in case of emergency, prevails.

1915Co. ( 214 N. Y. 116, 121 ) the court says: “It is an anomalous situation, and one to be remedied as far as possible by legislation, that an employer’s liability to his employee 'may be governed by one rule at one moment and by an entirely different rule at the next, though the employee is all the time engaged in precisely the same kind of work.

1910In Torgesen v. Schultz ( 192 N. Y. 156 ) the plaintiff lost an eye by the explosion of a siphon bottle of aerated water sold to the plaintiff’s employer by the defendant.

1910Co. ( 183 N. Y. 78 ) the action as construed by the Court of Appeals was not in negligence, “but is controlled by considerations resting upon the law applicable to willful and fraudulent deceit and concealment,” and an entirely different rule of liability governs.

1907(Ombony v. Jones, 19 N. Y. 234 ; Holmes v. Tremper, 20 Johns. 29 ; Mott v. Palmer, 1 N. Y. 570 .) The case at bar rests upon an entirely different principle.

1907(Ombony v. Jones, 19 N. Y. 234 ; Holmes v. Tremper, 20 Johns. 29 ; Mott v. Palmer, 1 N. Y. 570 .) The case at bar rests upon an entirely different principle.

1902Co., 9 App. Div. 607 .) It is said, however, that this court laid down an entirely different rule in Rutkowsky v. Cohen ( 74 App. Div. 415 ) and that under this authority the application should have been denied.

1900In the case of McTaggart against the Eastman’s Company, decided by the General Term of this court ( 27 Misc.

1889Thus in the Case of House, 10 Paige, 158 , it was held that the wheels and mill-stones forming parts of a grist-mill, being not only convenient, but essential to the proper enjoyment of the inheritance, passed to the heir as part and parcel thereof.

1881The cases of Miller v. White ( 50 N. Y. 137 ) and McMahon v. Macy (51 id. 155 ) depend upon an entirely different principle.

1881The cases of Miller v. White ( 50 N. Y. 137 ) and McMahon v. Macy (51 id. 155 ) depend upon an entirely different principle.