Case law

Shepard v. . the Pennsylvania Railroad Company

214 N.Y. 616 · New York Court of Appeals · Feb 2, 1915

Matter of Grant Springer v. Board of Education of the City School District of the City of New York

27 N.Y.3d 102 · New York Court of Appeals · Apr 5, 2016

He maintains that when the Board rehired him in October 2011, within five years of his prior resignation, the Board effectively accepted the withdrawal of his resignation. … Board of Educ. of City School Dist. of City of N.Y., 47 NY2d 385, 391 [1979]; see Matter of Gould v Board of Educ. of Sewanhaka Cent.

Higby v. Mahoney

48 N.Y.2d 15 · New York Court of Appeals · Sep 4, 1979

Hayduk, 45 NY2d 793 ; Matter of Klemann v Acito, 45 NY2d 796 ; Matter of Alper v Hayduk, 45 NY2d 809 ; Matter of De Bruin v McGee, 40 NY2d 909 ; Matter of Flanagan v Schwartz, 40 NY2d 910 ; Matter of Neuberger v Anderson, … In this case, stare decisis, molding itself to the task at hand, would require closer examination of the so-called "binding precedent” (see Pratt v Brown, 3 Wis 603, quoted in Pound and Plucknett, Readings on the History

Capizzi v. Southern District Reporters, Inc.

61 N.Y.2d 50 · New York Court of Appeals · Jan 17, 1984

We now reverse and reinstate the decision of the board. … In view of the foregoing, a finding of fact made by the Workers’ Compensation Board is considered conclusive in the courts if supported by substantial evidence (Matter of Gates v McBride Transp., 60 AD2d 670 ).

Mutual Ins. Co. of Buffalo v. . Supervisors of Erie

4 N.Y. 442 · New York Court of Appeals · Apr 5, 1851

It is liable to taxation only on its capital; not on its surplus profits. ( Bank of Utica v. City of Utica, 4 Paige, 399 ; 4 Hill, 20 .)

People, Ex Rel. King v. . Gallagher

93 N.Y. 438 · New York Court of Appeals · Oct 9, 1883

Strauderʼs Case (supra), Railroad Co. v. Brown (17 Wall. [U. … J. v. Green (86 Penn. St. 421; 27 Am. Rep. 718 ); and more in point, Board of Education v. Tinnon ( 26 Kans. 1 ) and People, ex rel. Longress, v. Board of Education ( 101 Ill. 308 ; 40 Am. Rep. 196 ).

Lerner v. Casey

2 N.Y.2d 355 · New York Court of Appeals · Feb 28, 1957

Slochower v. Board of Educ. ( 350 U. … Adler v. Board of Educ., 342 U. S. 485, 490 ). .

Brass v. . Rathbone

153 N.Y. 435 · New York Court of Appeals · Oct 5, 1897

(McHenry v. Jewett, 90 N. Y. 58, 62 .) … Brown, 149 N. Y. 163, 172 .)

Leggio v. Suffolk County Police Department

96 N.Y.2d 846 · New York Court of Appeals · Jun 14, 2001

The Appellate Division divided on whether substantial evidence supports the Board’s determination, three Justices concluding it does not and two that it does. * We agree with the dissenting Justices that the Board’s determination … is supported by substantial evidence and is therefore binding on the courts (see, Matter of Hill v Thompson, 61 NY2d 1018, 1019 ).

B. N. Exton & Co. v. Home Fire & Marine Insurance

249 N.Y. 258 · New York Court of Appeals · Nov 20, 1928

(Stillwell v. Staples, 19 N. … (Waring v. Indemnity Fire Ins. Co., 45 N. Y. 606, p. 610, p. 612 . See, also, Lewis v. Home Insurance Co., 199 App. Div. 556 ; affd., without opinion, 234 N. Y. 498 ; and Home Insurance Co. v.

Long Island University v. Tappan

305 N.Y. 893 · New York Court of Appeals · Jul 14, 1953

Matter of School Board of Brooklyn

157 N.Y. 566 · New York Court of Appeals · Jan 10, 1899

(Blaschko v. Wurster, 156 N. Y. 442 .) The new charter, chapter 378 of the Laws of 1897, became a law by the approval of the governor on the 4tli day of May, 1897. … The powers and duties of the board of education were general. Those of the several school boards were local.

Wellington v. . Kelly

84 N.Y. 543 · New York Court of Appeals · Mar 22, 1881

(Belshaw v. Bush, 11 C. B. 191; Simpson v. Eggington, supra.) … In Stanley v.

I. Townsend Burden v. Burden

159 N.Y. 287 · New York Court of Appeals · Jun 6, 1899

(Express Co. v. R. R. Co., 99 U. S. 199 ; Yates v. Van De Bogert, 56 N. Y. 530 ; Chautauque Co. Bank v. Risley, 19 N. Y. 381 ; Farmers' Loan T. Co. v. Clowe, 3 N. Y. 474 ; Farmers’ Loan & T. Co. v. Curtis, 7 N. … The rule is also laid down in Leslie v. Lorillard ( 110 N. Y. 532 ).

Horton v. McArdle & Casazza

53 N.Y.2d 808 · New York Court of Appeals · Apr 28, 1981

The board allowed the 1968 case to be reopened and determined that the 1968 accident was two thirds responsible for the final disability, while the 1977 injury was responsible for one third of. the disability. … Although this court in the past has given liberal construction to those portions of section 15 where general language rendered the meaning of the term “the time the injury occurred” somewhat obscure (see Matter of Meszaros v

McCoy v. Helsby

28 N.Y.2d 790 · New York Court of Appeals · Apr 8, 1971

We would only add that the subjection of the board to certain legislative action, such as the Taylor Law, does not derogate its basic administrative control over the court system, but, rather, only requires the board to be

Adams v. . Davidson

10 N.Y. 309 · New York Court of Appeals · Dec 5, 1851

This declaration of Brown, although objected to, was competent evidence, he having remained in possession of the goods up to and after the time the declaration was made. ( Willies v. Farly, 3 Carr. Payne, 395.) … This was doubtless a sufficient levy as against the defendants, and all others who subsequently intermeddled with the goods with knowledge that a levy had been made. ( Van Wyck v. Pine, 2 Hill, 668 .)

In re the Arbitration between Dimson & Elghanayan

19 N.Y.2d 316 · New York Court of Appeals · Apr 6, 1967

Pursuant to the terms of this supplemental agreement, the real estate firm, Brown, Harris, Stevens, Inc., was selected by both groups to be the independent appraiser. … As *325 the Supreme Court wrote in Steelworkers v. American Mfg. Co. ( 363 U.

Babalola v. Olsten Temporary Staffing Corp.

3 N.Y.3d 752 · New York Court of Appeals · Nov 30, 2004

Garry v. American Standard Trane, Inc.

27 N.Y.3d 1046 · New York Court of Appeals · Jun 7, 2016