Case law

Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.

7 N.Y.3d 96 · New York Court of Appeals · Jun 6, 2006

Corp., 56 NY2d at 184 ; see White v La Due & Fitch, Inc., 303 NY 122, 128 [1951]). … Lynn, 302 NY 193, 205 [1951]; see Rose v Spa Realty Assoc., 42 NY2d 338, 344 [1977]).

Webster Associates v. Town of Webster

59 N.Y.2d 220 · New York Court of Appeals · Jun 14, 1983

and property owners (Bliek v Town of Webster, 104 Misc 2d 852 ). … The ordinance, in effect, establishes planning board approval as a condition precedent to town board action. Todd Mart v Town Bd. of Town of Webster ( 49 AD2d 12 ) does not dictate *230 a contrary conclusion.

St. Lawrence University v. Trustees of the Theological School of St. Lawrence University

20 N.Y.2d 317 · New York Court of Appeals · Jul 7, 1967

v. … Winchester v. Coleman, 133 N. Y. 279, 282 ). The board, then, is a corporation and it is entitled to a declaratory judgment to that effect, even though it moved only to dismiss the complaint.

Lester v. Harris

46 N.Y.2d 826 · New York Court of Appeals · Dec 27, 1978

People v. Gonzalez

27 N.Y.2d 53 · New York Court of Appeals · Jul 1, 1970

Rivera, 22 N Y 2d 453; People v. Ballott, 20 N Y 2d 600; People v. Brown, 20 N Y 2d 238). As to Gonzalez, no question is presented since neither witness was able to identify him. … The witnesses had ample opportunity to identify Castellano during the commission of the robbery, thus rendering the improprieties of the identification procedures employed harmless error (People v. Brown, supra).

MATTER OF WALSH v. Scoppetta

18 N.Y.3d 850 · New York Court of Appeals · Dec 20, 2011

As a result, petitioner’s application for accidental disability retirement was denied, and he was *852 retired for ordinary disability instead (see Matter of Meyer v Board of Trustees of N.Y. … of a service-related accident” (Ma tter of Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art.

Carino v. Pilon

72 N.Y.2d 1038 · New York Court of Appeals · Oct 27, 1988

Claim of Teles v. Westbury S & S Concrete Inc.

40 N.Y.2d 902 · New York Court of Appeals · Oct 26, 1976

Claim of Tally v. J. J. Newberry Co.

25 N.Y.2d 945 · New York Court of Appeals · Oct 9, 1969

Judges Burke and Bergan dissent and vote to reverse and reinstate the decision of the Workmen’s Compensation Board on the dissenting opinion at the Appellate Division. Taking no part: Judge Gibson.

MTR OF DI MARSICO v. Ambach

48 N.Y.2d 576 · New York Court of Appeals · Nov 27, 1979

(Matter of Bernstein v Toia, 43 NY2d 437, 448 ; Ostrer v Schenck, 41 NY2d 782 , 786; Matter of Howard v Wyman, 28 NY2d 434, 438 .) … (See Matter of Taub v Pirnie, 3 NY2d 188 .)

New York Life Insurance v. Galvin

35 N.Y.2d 52 · New York Court of Appeals · Jul 11, 1974

434, 438; see, also, Board v. … Church v. Walsh, 244 N. Y. 280 ; Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126 ).

E.F.S. Ventures Corp. v. Foster

71 N.Y.2d 359 · New York Court of Appeals · Feb 9, 1988

. v Foster). … Co. v Maryland Cas. Co., 4 NY2d 443 ; White v La Due & Fitch, 303 NY 122 ; Lynn v Lynn, 302 NY 193 ).

McGuire v. Gamache

5 N.Y.3d 444 · New York Court of Appeals · Oct 24, 2005

MacAvery as a candidate of the Senior Citizens Party were timely filed with the Dutchess County Board of Elections. … Dukes ( 96 NY2d 913 [2001]), which held that nonresidents have a constitutional right to circulate designating petitions (see Lerman v Board of Elections in City of N.Y., 232 F3d 135 [2d Cir 2000], cert denied 533 US 915

Town of Smithtown v. Moore

11 N.Y.2d 238 · New York Court of Appeals · Apr 26, 1962

Y. 81, 91 ; see, also, Kauffman & Sons Saddlery Co. v. Miller, 298 N. Y. 38, 44 ; Matter of Emerson v. Buck, 230 N. Y. 380, 388 .) … Hagy v. Lewis, 280 N. Y. 184,188 .)

Matter of Aungst v. Family Dollar

2025 NY Slip Op 06530 · New York Court of Appeals · Nov 24, 2025

Decided on November 24, 2025 No. 92 [*1]Frank Aungst, Respondent, v Family Dollar et al., Appellants. Workers' Compensation Board, Respondent. Cory A. DeCresenza, for appellants. … Because the Board's use of the "prevalence" framework did not violate the Workers' Compensation Law, we must uphold the Board's decision if it was supported by substantial evidence ( see Matter of Gates v McBride Transp.

Stanbridge v. Hammock

55 N.Y.2d 661 · New York Court of Appeals · Nov 19, 1981

the station house, it is unnecessary for us to consider or decide the questions raised as to the alleged spontaneity of the first of these declarations or whether, as hearsay, their admission was proscribed by Morrissey v

Matter of Yoga Vida NYC, Inc. v. Commissioner of Labor

28 N.Y.3d 1013 · New York Court of Appeals · Oct 25, 2016

The Commissioner appealed the ALJ’s decision to the Unemployment Insurance Appeal Board. … Assoc. v State Div. of Human Rights, 45 NY2d 176, 181 [1978]). Here, because the record as a whole does not demonstrate “that the employer exercises control over the results produced . . .

Claim of Chorley v. Koerner Ford, Inc.

19 N.Y.2d 242 · New York Court of Appeals · Mar 2, 1967

Thus, the proof falls within permissive limits of accidental attribution (Matter of Masse v. Robinson Co., 301 N. Y. 34 ; Matter of Burris v. Lewis, 2 N Y 2d 323; Matter of Woodworth v. … They abandoned the inquiry without showing any actual fact on which the board could base a finding; and the finding of the board on the general fact issue has gone against them. The order should be affirmed, with costs.

Washington County Cease, Inc. v. Persico

64 N.Y.2d 923 · New York Court of Appeals · Mar 19, 1985

unnecessary for us to pass on the failure of the Department of Environmental Conservation to publish regulations in a timely manner or the refusal of its designee to recuse himself from his position on the Facility Siting Board

In the Matter of the Application of Lange

85 N.Y. 307 · New York Court of Appeals · May 13, 1881

(Embury v. Conner, 3 N. Y. 511 .) … In Embury v.