business violation in New York

1967Accordingly, any exercise of an ixxtelligent choice, or an informed discretion in advising another of his legal rights and duties, will bring the activity within the practice of the profession.” And in People v. Alfani ( 227 N. Y. 334, 338 ) the court stated: ££ to prepare, as a business, legal instruments and contracts by which legal rights are secured and to hold oneself out as entitled to draw and prepare such as a business is a violation of the law.” The court is convinced that the raising of the objection of constitutional inhibitions is ill-considered.

1967Under the circumstances, “we are dealing with the conduct of a person who renders legal services to the public as a business.” (See Matter of New York County Lawyers Assn. [Roel], 3 N Y 2d 224, 231, supra.) “ [T]o prepare as a business legal instruments and contracts by which legal rights are secured and to hold oneself out as entitled to draw and prepare such as a business is a violation of the law.” (People v. Alfani, 227 N. Y. 334, 338 .) Certainly, on this basis, Dacey is engaged in the practice of law, or, at the very least, he “ assumes to practice law ” (Judiciary Law, § 750, subd.

2022The finding of neglect is not based solely on respondent's use of drugs before the child was born, but that evidence is relevant to her long-standing substance abuse problems and mental health conditions, and it was properly considered in conjunction with other evidence of her conduct after the child's birth ( see Matter of Nassau County Dept. of Social Servs. v Denise J ., 87 NY2d 73, 75, 79-80 [1995]; Matter of Yisrael R. , 145 AD3d at 492 ).

2003Home Assn. v Chassin ( 172 Misc 2d 878 [Sup Ct, Westchester County 1996], affd in part and revd in part on other grounds 240 AD2d 143 [2d Dept 1998], appeal dismissed as nonfinal 92 NY2d 919 [1998]).

2003Home Assn. v Chassin ( 172 Misc 2d 878 [Sup Ct, Westchester County 1996], affd in part and revd in part on other grounds 240 AD2d 143 [2d Dept 1998], appeal dismissed as nonfinal 92 NY2d 919 [1998]).

1991Finally, the lower courts’ and the majority’s novel "derivative benefit theory” would require taxpayers to shoulder an unconstitutional excess of their " 'just share of [the] state tax burden’ ” (Commonwealth Edison Co. v Montana, 453 US 609, 626 , supra).

1981Similarly, in Wiggins v Fane ( 71 AD2d 1039 ) it was held that the financial stability and the troublesome nature of the proposed sublessee are germane to the issue as to whether the landlord has unreasonably withheld consent.

1981In Time, Inc. v Tager ( 46 Misc 2d 658 ), the court pointed out that financial responsibility, respectability and the character of the business are factors to be taken into account.

1981(People v Santiago, 74 Misc 2d 10 ; People v Anderson, 74 Misc 2d 415 ; People v Santana, 77 Misc 2d 414 .) 1 But the Appellate Division in the Second and Fourth Departments has indorsed a narrower construction of the provision in cases involving places of business.

1981(People v Santiago, 74 Misc 2d 10 ; People v Anderson, 74 Misc 2d 415 ; People v Santana, 77 Misc 2d 414 .) 1 But the Appellate Division in the Second and Fourth Departments has indorsed a narrower construction of the provision in cases involving places of business.

1981(People v Santiago, 74 Misc 2d 10 ; People v Anderson, 74 Misc 2d 415 ; People v Santana, 77 Misc 2d 414 .) 1 But the Appellate Division in the Second and Fourth Departments has indorsed a narrower construction of the provision in cases involving places of business.

1981The court specifically reflected upon the fact that the New York statute still makes possession unlawful; “the subject language relates only to the degree of the offense.” ( Billinger, supra.) It is true that, for the most part, New York courts at Trial Term have applied the “home or business” exception in a fairly broad manner and, for example, as pointed out so recently in Billinger , have extended the business exception to include taxicabs and taxicab drivers.

1979Relying upon our determinations in Town of Brookhaven v Monster Rest. ( 61 AD2d 980 ) and Phillips v Open Air County Fair ( 71 AD2d 882 ), appellants argue that plaintiff has failed to make the requisite showing of irreparable injury.

1979Relying upon our determinations in Town of Brookhaven v Monster Rest. ( 61 AD2d 980 ) and Phillips v Open Air County Fair ( 71 AD2d 882 ), appellants argue that plaintiff has failed to make the requisite showing of irreparable injury.

1967In Ginzburg v. United States ( 383 U. S. 463 ) a book was “ destroyed ”.

1954Though there may be competition between these litigants, and of this there is grave doubt, it nevertheless does not grow out of any criminal fraud on respondent’s part.” In Matter of Schenne v. Benson ( 178 Misc. 301 ), the court denied the petitioner’s application to enjoin respondent from continuing the business of a bar and restaurant under any name in which the word £ ‘ Dog ’ ’ is used.

1922Produce Exchange ( 149 N. Y. 414, 428 ): “ The purpose of the appellant’s incorporation is not the transaction of business for gain, but to elevate and maintain the business standard of its members.

1918(People v. Spencer, 201 N. Y. 105 .) The complaint does not state facts constituting two hundred and ninety-eight causes of action, neither does it state facts constituting one cause of action.

1913More v. Rand, 60 N. Y. 208 ; Hollister v. Simonson, 36 App. Div. 63 .

1913More v. Rand, 60 N. Y. 208 ; Hollister v. Simonson, 36 App. Div. 63 .

1906Whiteley v. Terry, 83 App. Div. 202 , 82 N. Y.