Case law

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  • Milton v. . Hudson River Steamboat Co.

    37 N.Y. 210 · New York Court of Appeals · Sep 5, 1867

    Co., 35 N.Y. 75 ; Ernst v. Hudson R.R.R., id. 9; Deyo v. N.Y. Central, 34 id. 9; Brown v. The same, id. 404; Tonawanda R.R. Co . v. Munger, 4 id. 349; S.C., 5 Denio, 255 ; Railroad. Co . v. Aspell, 23 Penn. 147 .) … In that case the plaintiff put on board the defendants' barge, lime to be transported from the Medway to London.

    Cited 16 timesPublished
  • Vaughn v. Bushwick Iron & Steel

    9 N.Y.2d 727 · New York Court of Appeals · Mar 2, 1961

    Cited 2 timesPublished
  • Pirman v. Confer

    273 N.Y. 357 · New York Court of Appeals · Mar 16, 1937

    In Confer v. … The deed from Brown and wife to Morehouse passed title to all of the southwest quarter of Great Lot 60 lying on the east side of Hutchins pond and its outlet. It was held by the courts below in Confer v.

    Cited 51 timesPublished
  • Bruce v. . Platt

    80 N.Y. 379 · New York Court of Appeals · Mar 19, 1880

    Wcsley, and attended the meefc *383 ings of the board as trustee on the eighth and twelfth of October, and eighteenth of November, which so far as appears was the last held by the board, or any portion of it. Mr. … The case comes within the principle upon which the» above'decisions were made, and within the rule suggested in Brinherhoff v. Brown (7 Johns. Chy., 217), for its suspension was not temporary, but complete.

    Cited 22 timesPublished
  • Knight v. Amelkin

    68 N.Y.2d 975 · New York Court of Appeals · Nov 20, 1986

    Inasmuch as a zoning board of appeals performs a quasi-judicial function when considering applications for variances and special exceptions (see, Matter of Cowan v Kern, 41 NY2d 591 , 598-599, rearg denied 42 NY2d 910 ; Holy … Spirit Assn. v Rosenfeld, 91 AD2d 190 , lv denied 63 NY2d 603 ), and completely lacks legislative power (2 Anderson, New York Zoning Law and Practice § 23.59, at 251; 6 Rohan, Zoning and Land Use Controls § 43.01 [2] [b]

    Cited 56 timesPublished
  • People v. . Chapleau

    121 N.Y. 266 · New York Court of Appeals · Apr 29, 1890

    (Balbo v. People, 80 N. Y. 484 .) Another ground of error presented is that the jury should not have been allowed to consider the testimony of Nelson and Peter Brown. … (The Santissima Trinidad, 7 Wheat. 339 ; Conrad v. Williams, 6 Hill, 444 , 446 ; People v. Evans, supra ; Wilkins v. Earle, 44 N. Y. 172 ; Pease v. Smith, 61 id. 477; Place v. Minster, 65 id. 89; People v.

    Cited 28 timesPublished
  • Claim of Rodriguez v. Burn-Brite Metals Co.

    1 N.Y.3d 553 · New York Court of Appeals · Dec 22, 2003

    The Board declined to cut off claimant’s medical benefits, however, determining that section 114-a (1) *555 applies only to indemnity benefits. … Former section 114, the criminal fraud provision, was redrafted; sections 114-a and 114-b were added (L 1996, ch 635; see also Matter of Losurdo v Asbestos Free ( 1 NY3d 258 [2003] [decided today]).

    Cited 8 timesPublished
  • Claim of Yujuan Sheng v. Time Warner Cable, Inc.

    26 N.Y.3d 1060 · New York Court of Appeals · Nov 24, 2015

    Cited 0 timesPublished
  • Wetterauw v. Japan Airlines

    11 N.Y.2d 983 · New York Court of Appeals · May 17, 1962

    Cited 1 timesPublished
  • Claim of Pellac v. Atlantic Beach Club

    48 N.Y.2d 912 · New York Court of Appeals · Dec 13, 1979

    Cited 2 timesPublished
  • People v. Pinckney

    32 N.Y. 724 · New York Court of Appeals · Jun 15, 1865

    Brown, J., dissenting. The defendants’ appeal in this action presents no questions which have not already been determined by the judgment of this court. … The leading opinion in The People v. Draper ( 15 N.

    Cited 0 timesPublished
  • Farid v. Dennison

    11 N.Y.3d 768 · New York Court of Appeals · Sep 11, 2008

    Cited 0 timesPublished
  • The Matter of Jorge L. Linares v. Andrea W. Evans

    26 N.Y.3d 1012 · New York Court of Appeals · Oct 22, 2015

    Petitioner challenges the validity and potential application of certain regulations of the Board of Parole which address risks and needs assessments and related matters (see 9 NYCRR 8002.3 [a]). … (see Walton v New York State Dept of Correctional Servs, 8 NY3d 186, 197 [2007]; Schiavone v City of New York, 92 NY2d 308, 317 [1998]; see also Red Hook/Gowanus Chamber of Commerce v New York City Bd of Stds, 5 NY3d 452

    Cited 38 timesPublished
  • Claim of Benware v. Creamery

    16 N.Y.2d 966 · New York Court of Appeals · Oct 28, 1965

    Cited 6 timesPublished
  • Reilly v. . Connable

    214 N.Y. 586 · New York Court of Appeals · Apr 20, 1915

    He ate his supper and then drove, for the purpose of calling upon a friend, a mile or two distant from his boarding place. At the time of the accident he had finished his call and was on his way to the hotel. … Collins ([1904] 1 King’s Bench, 628); Doran v. Thomsen (76 N. J. L. 764); Way v. Powers (57 Vt. 135); Maddox v. Brown ( 71 Me. 432 ); Fiske v. Enders ( 73 Conn. 338 ); Jones v. Hoge ( 47 Wash. 663 ); Sweeden r.

    Cited 58 timesPublished
  • Tinkham v. . Tapscott

    17 N.Y. 141 · New York Court of Appeals · Mar 5, 1858

    They are, upon request, to go on board vessels arriving in port with damaged goods, and inquire, examine and ascertain the cause of the damage, and enter it in their books. … (Gibbons v. Ogden, 9 Wheat., 191 ; Brown v. Maryland, 12 id., 438; Vin. Abr., Grants, H., 13, p. 61.) The case mentioned in Finer, from RoUe’s Reports, is an example of this.

    Cited 15 timesPublished
  • Claim of Raff v. Upson Co.

    54 N.Y.2d 661 · New York Court of Appeals · Jun 29, 1981

    . *663 There having been no claim for a new injury in 1966, the board’s decision was erroneous as a matter of law. Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

    Cited 0 timesPublished
  • Fox v. Mohawk & Hudson River Humane Society

    165 N.Y. 517 · New York Court of Appeals · Feb 5, 1901

    In Morewood v. Wakefield ( 133 Mass. 240 ) a statute which authorized any person to kill a dog which had no collar on, even though licensed, was upheld. The decisions in Morey v. Brown (42 N. H. 373); Tenney v. … In many cases the legislature has created corporations from boards of public officers.

    Cited 55 timesPublished
  • Weintraub v. Miller

    11 N.Y.2d 860 · New York Court of Appeals · Apr 5, 1962

    Cited 0 timesPublished
  • People ex rel. Osborn v. Gilon

    38 N.Y. St. Rep. 1011 · New York Court of Appeals · Jun 16, 1891

    Cited 0 timesPublished

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