Case law

Cale Development Co. v. Conciliation & Appeals Board

61 N.Y.2d 976 · New York Court of Appeals · Mar 22, 1984

We also note that the Board found that the actual occupants of the apartment under the lease were Robert J. Castle and his wife and that the apartment was not their primary residence.

Common Council v. Town Board of Johnstown

32 N.Y.2d 1 · New York Court of Appeals · Mar 14, 1973

Other jurisdictions have likewise allowed a local government to annex Federally owned land (County of Norfolk v. City of Portsmouth, 186 Va. 1032 ; City of Wichita Falls v. Bowen, 143 Tex. 45 ), including U. … City of West Orange v. City of Orange, 300 S. W. 2d 705 ; People ex rel. Forde v. Town of Corte Madera, 115 Cal. App. 2d 32 ) and State owned land (e.g., Day v. City of Salem, 65 Ore. 114, 120 ; City of Wichita Falls v.

Feinerman v. Board of Cooperative Educational Services

48 N.Y.2d 491 · New York Court of Appeals · Nov 27, 1979

of Educ. v Nyquist, 45 NY2d 975 , revg on dissenting opn below 59 AD2d 76 ; Serritella v Board of Educ., 58 AD2d 645 , mot for lv to app den 43 NY2d 642 ; Matter of Board of Educ. v Allen, 12 NY2d 980 ) or by delaying the … (See Matter of Abramovich v Board of Educ., 46 NY2d, at p 455 , supra.)

MTR OF STEEL LOS III v. Board

10 N.Y.3d 445 · New York Court of Appeals · Apr 24, 2008

10 N.Y.3d 445 (2008) 889 N.E.2d 453 859 N.Y.S.2d 576 In the Matter of STEEL LOS III/GOYA FOODS, INC., Respondent, v. BOARD OF ASSESSORS OF COUNTY OF NASSAU et al., Appellants. … The Appellate Division affirmed ( see Matter of Steel Los III/Goya Foods, Inc. v Board of Assessors of County of Nassau, 35 AD3d 482 [2d Dept 2006]).

Public Improvements, Inc. v. Board of Education

56 N.Y.2d 850 · New York Court of Appeals · Jun 8, 1982

Center v Moore, 52 NY2d 88 ; see, also, Matter of Bloomberg-Dubin v Board of Educ., 82 AD2d 854 , affd 56 NY2d 555 ). … Corp.], 53 NY2d 306, 311 , citing Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 288 ). *853 Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Doolan v. Board of Cooperative Educational Services

48 N.Y.2d 341 · New York Court of Appeals · Nov 27, 1979

Matter of Dunlea v Goldmark, 54 AD2d 446, 449 , affd on opn below 43 NY2d 754 ; see Matter of Miracle Mile Assoc. v Yudelson, 68 AD2d 176, 181 ). … Matter of Fink v Lefkowitz, 47 NY2d 567, 571 , supra). Nothing said in Cirale v 80 Pine St. Corp. ( 35 NY2d 113 ) was intended to suggest otherwise.

Planet Construction Corp. v. Board of Education

7 N.Y.2d 381 · New York Court of Appeals · Mar 3, 1960

Y. 721 ; Califano v. Citizens Ins. Co., 163 Misc. 542 , affd. 252 App. Div. 731 ; City of New York v. Alpha Contr. Corp., 182 Misc. 115 ). … It is well settled that accord and satisfaction to be available as a bar to a plaintiff’s cause of action must be pleaded affirmatively (Reilly v. Barrett, 220 N. Y. 170 ; Habrich v. Donohue, 51 App. Div. 375 ; Wise v.

Kraemer v. Public Employment Relations Board

28 N.Y.2d 717 · New York Court of Appeals · Mar 4, 1971

(See Matter of Bauch v. City of New York, 21 N Y 2d 599.)

Trust v. Board of Assessors of Gardiner

47 N.Y.2d 476 · New York Court of Appeals · Jul 3, 1979

Y. v Lewisohn, 34 NY2d 143 , 153). … Lewisohn, 40 NY2d 78 ; Matter of Swedenborg Foundation v Lewisohn, 40 NY2d 87 ).

New York Dock Co. v. Ernest W. Brown, Inc.

272 N.Y. 176 · New York Court of Appeals · Nov 24, 1936

It has a right to rely upon the terms of its own contract with plaintiff. (.Hathaway v. Orient Ins. Co,, 134 N. Y. 409, 413 .) The judgments should be reversed and a new trial granted, with costs to abide the event.

Commercial Pictures Corp. v. Board of Regents

305 N.Y. 336 · New York Court of Appeals · May 28, 1953

S. 250 ; Dennis v. United States, 341 U. S. 494 ; Communications Assn. v. Douds, 339 U. S. 382 ; Kovacs v. Cooper, 336 U. S. 77 ; Chaplinsky v. New Hampshire, 315 U. S. 568 ; Schenck v. United States, supra; Fox v. … (People v. Muller, supra, pp. 410-411 .) (See, also, Chaplinsky v. New Hampshire, 315 U. S. 568, 571-572 , supra.)

Caraballo v. Community School Board District 3

49 N.Y.2d 488 · New York Court of Appeals · Mar 27, 1980

Corkum v Bartlett, 46 NY2d 424, 430 ). The clauses are thus readily reconciled (cf. Matter of Terry, 218 NY 218, 222 ). … (See, generally, Matter of Ocean Hill-Brownsville Governing Bd. v Board of Educ., 23 NY2d 483 , esp 488.) 5 .

Gardner v. Board of Health

1 Seld. Notes 23 · New York Court of Appeals · Dec 30, 1852

The Board of Health of the city of New York is not a corporation, and is not liable to be sued as such. (See 4 Sandf. Rep. 153 ; 10 N. Y. 409 , S. C.)

Matter of Creveling v. Teachers' Ret. Board

255 N.Y. 364 · New York Court of Appeals · Feb 10, 1931

(Rees v. Teachers’ Retirement Board, 247 N. Y. 372 .) … When the application is presented the main duty of the Board is to file and record it for reference and public inspection. (Rees v. Teachers’ Retirement Board, supra.)

Board of Education v. Commissioner of Education

91 N.Y.2d 133 · New York Court of Appeals · Dec 2, 1997

The District Superintendent adopted the Hearing Officer’s recommendations in full, and the Board of Education upheld that determination. … Servs., 77 NY2d 753, 758 ; Matter of Gundrum v Ambach, 55 NY2d 872, 873 ; Matter of Board of Educ. v Ambach, 96 AD2d 637 , Iv denied 61 NY2d 603 ; see also, Education Law § 310).

Bayswater Realty & Capital Corp. v. Planning Board

76 N.Y.2d 460 · New York Court of Appeals · Jul 10, 1990

Bayswater Realty & Capital Corp. v Planning Bd., 149 AD2d 49, 55 ). … Corp. v Planning Bd., 57 NY2d 206, 210 ).

Wassermann v. Board of Regents of University

11 N.Y.2d 173 · New York Court of Appeals · Apr 5, 1962

Board of Regents, 269 App. Div. 891 , affd. 295 N. Y. 558 ; Matter of Siegal v. Board of Regents, 270 App. Div. 783 , motion for leave to app. den. 295 N. Y. 993 ; Matter of Tompkins v. Board of Regents, 299 N. … Y. 469 ; Matter of Ray v. Board of Regents, 9 A D 2d 560; Matter of Mester v. Board of Regents, 259 App. Div. 776 ).

Pelham Esplanade, Inc. v. Board of Trustees

77 N.Y.2d 66 · New York Court of Appeals · Nov 29, 1990

(Matter of Harbison v City of Buffalo, 4 NY2d 553, 559-560 .) … We note, too, that the fulcrum of functional interdependence has been used in this field by several sibling States (see, e.g., Krul v Board of Adj., 122 NJ Super 18, 26, 298 A2d 308, 312 , affd 126 NJ Super 150, 313 A2d 220

Sterling Estates, Inc. v. Board of Assessors

66 N.Y.2d 122 · New York Court of Appeals · Oct 24, 1985

The court was without authority to grant that amendment (see, Matter of City of Little Falls v Board of Assessors, 68 AD2d 734, 738-740 ; see also, Matter of City of Albany v Assessors of Town of Coeymans, 253 App Div 436 … Failure to comply with that requirement requires dismissal of the aggrieved taxpayer’s petition (Matter of Raer Corp. v Village Bd. of Trustees, 78 AD2d 989 ; see also, Matter of City of Little Falls v Board of Assessors,

Zuckerbrod v. Board of Higher Education

302 N.Y. 942 · New York Court of Appeals · Jul 11, 1951