Case law

Zamora v. New York Neurologic Associates

19 N.Y.3d 186 · New York Court of Appeals · May 1, 2012

The Third Department’s recent doctrine that the Board must find causation “effectively created [a] . . . presumption out of an inference” (Matter of Tipping v National Surface Cleaning Mgt., Inc., 29 AD3d 1200, 1201 [3d Dept … Reporters, 61 NY2d 50, 54 [1984]; Matter of Axel v Duffy-Mott Co., 47 NY2d 1, 6 [1979]). We may not weigh the evidence or reject the Board’s choice simply because a contrary determination would have been reasonable.

People v. Scott

3 N.Y.2d 148 · New York Court of Appeals · Jul 3, 1957

Livingston v. Wyatt, 186 N. Y. 383, 391 ; Matter of Bennett, 258 App. Div. 368, 370 ; People v. Menzel, 148 Misc. 916, 919 ; People ex rel. White v. Board of Managers, 79 Misc. 494, 495 ; People v. Kingston, 27 N. Y. … Brown v. Baker, 284 App. Div. 106, 107 ; People v. Costello, 182 App. Div. 341 ; People v. Chambers, 189 Misc. 502 ; People ex rel. Travis v. Daniels, 182 Misc. 856 ; People v. Sly, 180 Misc. 96 ; People v.

Rigney v. . Rigney

127 N.Y. 408 · New York Court of Appeals · Oct 6, 1891

. •§§ 584, 586; Brown on Jurisdiction, 556, 557, 558 et. seg.) … S. § 905; Board of Public Works v. Columbia College, 17 Wall. *415 521; Sydam v. Barber, 18 N. Y. 468 .)

Rogers v. . Wheeler

52 N.Y. 262 · New York Court of Appeals · Feb 18, 1873

Brown, Agent, Ogdensburgh? … Hyatt, 46 N.Y., 259 ; Lewis v. Palmer, decided by this court at this term.)

Warrillow v. . Bidwell

201 N.Y. 537 · New York Court of Appeals · Feb 23, 1911

Ph&338nix Insurance Company v. . Church

81 N.Y. 218 · New York Court of Appeals · Jun 1, 1880

The question again arose in Brown v. Leavitt ( 31 N. … Leavitt, Pratt v. Coman, Day v. Saunders, and Paddon v. Taylor . In Mechanics and Traders' Bank v. Crow ( 60 N. Y. 85 ), the cases of Brown v. Leavitt and Pratt v.

Halloran v. Kirwan

28 N.Y.2d 689 · New York Court of Appeals · Mar 3, 1971

Then there comes some kind of “review” (see, e.g., Matter of La Forge and Ix v. Kennedy, 7 N Y 2d 973, 974, revg. 8 A D 2d 143; Matter of Tessier v. Board of Educ., 19 N Y 2d 680; Matter of Kelly v. … Guiney v. Valentine (supra), involving dismissal of a police officer, the court quoted with approval from People ex rel. Brown v.

Megin Realty Corp. v. Baron

46 N.Y.2d 891 · New York Court of Appeals · Feb 13, 1979

501 ; McGowan v Cohalan, 41 NY2d 434 ; Williams v Town of Oyster Bay, 32 NY2d 78 ). … of Forrest v Evershed, 7 NY2d 256, 262 ).

People v. Owens

22 N.Y.2d 93 · New York Court of Appeals · May 16, 1968

Defendant Brown’s motion for a severance was renewed and denied at the close of the People’s case. Defendant Brown then called codefendant Owens as her first witness. … (See Smith v. United States, 385 F. 2d 34, 38 ; Brown v. United States, 375 F. 2d 310, 316; United States v. Echeles, 352 F. 2d 892, 896 , supra; De Luna v. United States, 308 F. 2d 140 , supra; United States v.

Reich v. . Cochran

151 N.Y. 122 · New York Court of Appeals · Dec 1, 1896

(Brown v. Mayor, 66 N. Y. 385 ; Jarvis v. Driggs, 69 N. Y. 143 ; Nemetty v. Naylor, 100 N. Y. 562 .) … Preston and Blair v. Bartlett); that a judgment for the board of a horse is a bar to an action for his conversion (Collins v.

he People v. Dupree Harris

26 N.Y.3d 1 · New York Court of Appeals · Oct 20, 2015

As the trial of Sykes for the murder of Brown was about to begin, another eyewitness to the Brown shooting, Bobby Gibson, was shot and killed outside the apartment of one of the three girls. … Generally, "all relevant evidence is admissible unless its admission violates some exclusionary rule" (People v Scarola, 71 NY2d 769, 777 [1988]).

Neale v. Hayduk

35 N.Y.2d 182 · New York Court of Appeals · Sep 4, 1974

As stated in Matter of Dorn “ HH ” v. … Bryant v. Zimmerman, 276 U.

People Ex Rel. Comrs. Etc. v. . Suprs. Oneida

170 N.Y. 105 · New York Court of Appeals · Feb 25, 1902

There is not, therefore, any abolition of the office of supervisor, or of the general duties devolving upon the board of supervisors, and, consequently, the case of People ex rel. Burby v. … Fire Dept . v. Atlas S.S. Co., 106 N.Y. 566 , 577 ; People ex rel. Wood v. Draper, 15 N.Y. 532 ; Matter of Henneberger, 25 App. Div. 164 , 172 ; S.C., 155 N.Y. 420 , and Mayor, etc., of N.Y . v. Tenth Nat.

People Ex Rel. v. . Supervisors of Sullivan Co.

56 N.Y. 249 · New York Court of Appeals · Mar 31, 1874

Case v. Collins, 19 Wend., 56 ; People v. Halsey, 37 N.Y., 344 .) … The affidavits on which the alternative writ was granted are to be laid out of view. ( Commercial Bank v. Canal Commissioners, 10 Wend., 25 .)

Gates v. . Bowers

169 N.Y. 14 · New York Court of Appeals · Dec 10, 1901

Y. 201 ; Hudson v. Swan, Id. 552), there are exceptions to which the rule does not apply. … (Stall v. Willbur, 77 N. Y. 158; Channon v. Lusk, 2 Lans. 211 .) It is, therefore, clear that the action was well brought as to the crops of the farms.

Lemon v. NYC TR. AUTH.

72 N.Y.2d 324 · New York Court of Appeals · Jul 7, 1988

As the basis for its decision to overrule the Board the majority relies on older decisions of our court in Matter of Kowalek v New York Consol. R. R. Co. ( 229 N.Y. 489 ) and Tallon v Interborough R. T. … Co. , 131 NJL 427, 37 A2d 123 ; Brown v Pittsburgh Rys. Co. , 197 Pa Super 68, 177 A2d 5 [equally divided court]). [2] Moreover, it should be noted that Tallon v Interborough R. T.

Excess Line Association of New York (ELANY) v. Waldorf & Associates

New York Court of Appeals · Oct 19, 2017

Brown, for respondents. … There, the City Charter's Uniform Land Use Review Procedure provisions and their accompanying regulations specifically delineated documents to be used by the board and did not provide the board with any subpoena power, despite

Claim of Messina v. Hudson News Co.

17 N.Y.3d 922 · New York Court of Appeals · Nov 17, 2011

Wells v. . Miller

66 N.Y. 255 · New York Court of Appeals · May 23, 1876

, for which the plaintiff was in no sense responsible, and that the case of Norton v. … plaintiff did not know of the making of the first note until the new note was presented to him, and that he then signed in fact as surety, and that he is therefore entitled to the benefit of that position within Norton v.

People v. Lo Cicero

14 N.Y.2d 374 · New York Court of Appeals · Jul 10, 1964

(Proposed Penal Code, § 739; see Report of Board of Statutory Consolidation [1908], pp. 11-13.) … Co. v. Stratton’s Independence, 158 F. 63 ; Jetter v. Brown, 200 Misc. 718 .)