upheld claim in New York

2017The next case to revisit the Robinson doctrine was Gallewski, 301 N.Y. 164 , 93 N.E.2d 620 , an action by the administrator of the estate of Fritz B.

2017The next case to revisit the Robinson doctrine was Gallewski, 301 N.Y. 164 , 93 N.E.2d 620 , an action by the administrator of the estate of Fritz B.

1961(Cf., e.g., Gair v. Peck, 6 N Y 2d 97, supra; Securities Comm. v. Chenery Corp., 318 U. S. 80, 92 ; 332 U. S. 194 .) In the Gair case, for instance, this court upheld the rule promulgated by the Appellate Division fixing a sliding scale of attorneys’ contingent fees deemed fair and reasonable and declaring that fees in excess of the scale would constitute ££ the exaction of unreasonable and unconscionable compensation ” (6 N Y 2d, at p. 101).

1961(Cf., e.g., Gair v. Peck , 6 N Y 2d 97, supra ; Securities Comm. v. Chenery Corp. , 318 U. S. 80, 92 ; 332 U. S. 194 .) In the Gair case, for instance, this court upheld the rule promulgated by the Appellate Division fixing a sliding scale of attorneys' contingent fees deemed fair and reasonable and declaring that fees in excess of the scale would constitute "the exaction of unreasonable and unconscionable compensation" (6 N Y 2d, at p. 101).

1961(Cf., e.g., Gair v. Peck, 6 N Y 2d 97, supra; Securities Comm. v. Chenery Corp., 318 U. S. 80, 92 ; 332 U. S. 194 .) In the Gair case, for instance, this court upheld the rule promulgated by the Appellate Division fixing a sliding scale of attorneys’ contingent fees deemed fair and reasonable and declaring that fees in excess of the scale would constitute ££ the exaction of unreasonable and unconscionable compensation ” (6 N Y 2d, at p. 101).

1961(Cf., e.g., Gair v. Peck , 6 N Y 2d 97, supra ; Securities Comm. v. Chenery Corp. , 318 U. S. 80, 92 ; 332 U. S. 194 .) In the Gair case, for instance, this court upheld the rule promulgated by the Appellate Division fixing a sliding scale of attorneys' contingent fees deemed fair and reasonable and declaring that fees in excess of the scale would constitute "the exaction of unreasonable and unconscionable compensation" (6 N Y 2d, at p. 101).

2017Ultimately, the Court upheld the claim-revival statute at bar on the grounds that there was "no arbitrary deprivation by the Legislature" and that the statute "was reasonable" in response to a situation that "call[ed] for remedy" ( id. at 279-280, 144 N.E. 579 ).

2015The People’s reliance on People v Perez ( 116 AD3d 511 [1st Dept 2014], lv granted 24 NY3d 1004 [2014]), where this Court upheld a waiver of “formal allocution” regarding a plea to disorderly conduct resulting in a fine, is misplaced.

2007In Vermeer Owners v Guterman ( 78 NY2d 1114 [1991]), the Court confirmed that no private right of action was authorized under the provision of the Martin Act (General Business Law § 352-e) which governs real estate offerings.

2005Matzan v. Eastman Kodak Co., 134 A.D.2d 863, 864 , 521 N.Y.S.2d 917 (4th Dep’t 1987) . . .

2005Matzan v. Eastman Kodak Co., 134 A.D.2d 863, 864 , 521 N.Y.S.2d 917 (4th Dep’t 1987) . . .

2005The court upheld the claim, stating that “[t]his sort of misconduct is the essence of conversion: ‘the unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner’s rights.’ State v. Seventh Regiment Fund, Inc., 98 N.Y.2d 249, 259 , 746 N.Y.S.2d 637 , 774 N.E.2d 702 (2002).” ( 257 F Supp 2d at 618 .) The court added that: “Although an idea alone cannot be converted, the ‘tangible expression or implementation of that idea’ can be.

2005The court upheld the claim, stating that “[t]his sort of misconduct is the essence of conversion: ‘the unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner’s rights.’ State v. Seventh Regiment Fund, Inc., 98 N.Y.2d 249, 259 , 746 N.Y.S.2d 637 , 774 N.E.2d 702 (2002).” ( 257 F Supp 2d at 618 .) The court added that: “Although an idea alone cannot be converted, the ‘tangible expression or implementation of that idea’ can be.

2005The court upheld the claim, stating that “[t]his sort of misconduct is the essence of conversion: ‘the unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner’s rights.’ State v. Seventh Regiment Fund, Inc., 98 N.Y.2d 249, 259 , 746 N.Y.S.2d 637 , 774 N.E.2d 702 (2002).” ( 257 F Supp 2d at 618 .) The court added that: “Although an idea alone cannot be converted, the ‘tangible expression or implementation of that idea’ can be.

1991We have reviewed the defendant’s remaining contention and find it to be without merit (see, People v Kazepis, 101 AD2d 816 ; People v Suitte, 90 AD2d 80 ).

1991We have reviewed the defendant’s remaining contention and find it to be without merit (see, People v Kazepis, 101 AD2d 816 ; People v Suitte, 90 AD2d 80 ).

1991In People v Strafford ( 164 AD2d 898 ) the County Court, in accordance with its own policy, required the defendant to waive his right to appeal in exchange for the sentence commitment and this court upheld the waiver and dismissed the defendant’s appeal (see, People v Strafford, supra; see also, People v Williams, 36 NY2d 829 , cert denied 423 US 873 ).

1991In People v Strafford ( 164 AD2d 898 ) the County Court, in accordance with its own policy, required the defendant to waive his right to appeal in exchange for the sentence commitment and this court upheld the waiver and dismissed the defendant’s appeal (see, People v Strafford, supra; see also, People v Williams, 36 NY2d 829 , cert denied 423 US 873 ).

1980Recently, in Albert v City of New York ( 101 Misc 2d 356 ), this court upheld a claim identical to the one at bar and rendered judgment in favor of Albert.

1980However, Appellate Term reversed (Albert v City of New York, 103 Misc 2d 962 ).

1964Judd, S. By decision dated May 25, 1964 ( 43 Misc 2d 309 ), the court upheld the claim of the Commissioner of Hospitals for the City of New York for reimbursement for medical care rendered to decedent in 1951 (Social Welfare Law, § 104).

1959Particularly apposite- to the situation at hand is the case of Bliss v. Nicolaeff ( 191 Misc. 798 [App. Term, 1st Dept.]) involving a summary proceeding to recover possession of premises leased as a school for children of Soviet officials and as a residence.

1959There, in an action' for a separation instituted in the United States District Court for the Southern District of Columbia against an Ecuadorian national employed by the Czechoslovak Ambassador as a butler and chauffeur, the court affirmed the dismissal of the complaint on the ground that the defendant was immune from process/_The Circuit Court pointed out that the question of diplomatic immunity was not raised in the Popovicijtase (supra). \ See, also, Tsiang v. Tsiang ( 194 Misc. 259 ), where the court upheld a claim of diplomatic privilege in an action for separation against a permanent res

1939Co. v. Knight (supra) the court upheld a privilege tax upon the railroad company as applied to horse cabs used by the company to carry passengers from its terminal in the city to their homes.