Case law

People ex rel. Dawson v. Smith

69 N.Y.2d 689 · New York Court of Appeals · Dec 19, 1986

Brown v Johnston ( 9 NY2d 482 ), relied on by petitioner, is not to the contrary. … Brown v Johnston (supra) was in an institution separate and different in nature from the correctional facility to which petitioner had been committed pursuant to the sentence of the court, and was not within the specific

Helme v. . Buckelew

229 N.Y. 363 · New York Court of Appeals · Jul 7, 1920

Gibson, 20 Hun, 274 , 276; Lockwood v. Brantly, 31 Hun, 155 , 157; McNamara v. Dwyer, 7 Paige, 239 ; Brown v. Brown, 4 Edw. Ch. 355 ; DeCoppet v. Cone, 199 N. Y. 56, 61 ; Bergmann v. Lord, 194 N. Y. 70 . Cf. … This was not so before the statute (Brown v. Brown; Field v. Gibson, supra), nor do I think it is so now.

Matter of Newbrand v. City of Yonkers

285 N.Y. 164 · New York Court of Appeals · Mar 6, 1941

Walker v. Ahearn, 200 N. Y. 146, 148 ; Matter of Rox v. Doherty, 284 N. Y. 550 .) … Matter of Nash *179 v. Brooks, 276 N. Y. 75 ; Matter of Sheridan v. McElligott, 278 N. Y. 59 ; Matter of Phillips v. McElligott, 279 N. Y. 792 .)

People v. . Trustees of Village of Ogdensburgh

48 N.Y. 390 · New York Court of Appeals · Jan 5, 1872

(People v. The Assessors of Albany, 40 N. Y., 154 .) I will, therefore, proceed to examine this case upon the merits. … (Hoyt v. The Commissioners of Taxes, 23 N. Y., 238; The People v. Gardner, 51 Barb., 352; Catlin v. Hull, 21 Vermont, 152.) !

Baddour v. City of Long Beach

279 N.Y. 167 · New York Court of Appeals · Nov 29, 1938

Smith v. Cuncannon (3 Brewst. [Pa.] 344); Stewart v. McCready ( 24 How. Pr. 62 ); Robbins v. Bangor Ry. & Elec. Co. ( 100 Me. 496 ); Friedrich Music House v. … . *176 In Robbins v. Bangor Ry. & Elec. Co. (supra) the court has collected the decisions as to the difference between a “ family ” house and a boarding house.

Pell v. Coveney

37 N.Y.2d 494 · New York Court of Appeals · Sep 4, 1975

Similarly in Matter of Burton v Coveney ( 41 AD2d 943 , affd 32 NY2d 842 ) although the Board of Elections had been timely served, the proceedings were dismissed for the reason that the individual respondents were served … Davidson v Eastman, 35 NY2d 735 ). Here, the petitioners received notice of the Election Board’s determination that their designating petitions were invalid after the 14-day period had run.

Torre v. County of Nassau

86 N.Y.2d 421 · New York Court of Appeals · Oct 24, 1995

Interest Research Group v Dinkins, 83 NY2d 377, 385 ; Matter of Moran v La Guardia, 270 NY 450, 452 ; Noghrey v Town of Brookhaven, 214 AD2d 659 ; 3 McQuillin, Municipal Corporations § 12.121, at 564 [3d ed]). … ; Matter of Moran v La Guardia, supra).

Burton v. Coveney

32 N.Y.2d 842 · New York Court of Appeals · May 23, 1973

Order affirmed, without costs (see Matter of Squitieri v. Power, 25 N Y 2d 801).

People Ex Rel. Peixotto v. . Bd. of Education

212 N.Y. 463 · New York Court of Appeals · Sep 29, 1914

The board of education on receiving such charges may try the case or refer it to a committee. But the penalty of dismissal can be imposed only on a majority vote of all the members of the board. … Club, etc., v. State Racing Com., 190 N. Y. 31 ; Matter of Dill, 185 N. Y. 106 ; People ex rel. Dietz v. Easton, 13 Abb. Pr. [N. S.] 159; People ex rel. Kennedy v. Brady, 166 N. Y. 44, 49 .)

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.

O'Connor v. Midiria

55 N.Y.2d 538 · New York Court of Appeals · May 11, 1982

Plaintiffs argue, however, citing Jones v State of New York ( 33 NY2d 275 ), that where an employee elects to pursue his common-law remedy for intentional tort, the employer should be estopped from filing a compensation claim … The quid pro quo for the “swift and sure source of benefits to the injured employee” (O’Rourke v Long, 41 NY2d 219 , 222) is the limitation of the employer’s liability for work-related accidents to compensation (O’Rourke,

Ashton v. . City of Rochester

133 N.Y. 187 · New York Court of Appeals · Apr 19, 1892

(Herman on Estoppel, vol. 1, p. 166; Clark v. Wolf, 29 Iowa 197 ; Lyman v. Faris, 53 id. 498; Tredway v. Soux City P.R. Co., 39 id. 663; Freeman on Judgments, § 178; Robbins v. … This court has sanctioned the principle stated in Robbins v.

Welles v. . Yates

44 N.Y. 525 · New York Court of Appeals · May 13, 1871

(See auth. sup. and De Peyster v. Hasbrouck, 1 Kern., 582; Gillespie v. Moon, 2 J. C. R., 585; Barlow v. Scott, 24 N. Y., 40 ; Rider v. Powell, 28 N. Y., 310 .) … (See the cases before cited, and Cole v. Brown, 10 Paige, 534 .)

Wilson v. REDDY CONSTRUCTION COMPANY, INC.

95 N.Y.2d 875 · New York Court of Appeals · Sep 7, 2000

Cowles v. . Rochester Folding Box Co.

179 N.Y. 87 · New York Court of Appeals · Jun 17, 1904

While actually in the defendant’s employment, plaintiff had, also, assigned a part interest in some, or all, of his inventions, to Browne. … It would be contrary to a sound public policy to recognize and to enforce an agree- ■ inent to recompense a party for giving his evidence in an action to be commenced: (Lyon v. Hussey, 82 Hun, 15 .)

Gitelson v. Du Pont

17 N.Y.2d 46 · New York Court of Appeals · Feb 17, 1966

Div. 361 ; Korb v. Brooklyn Edison Co., 258 App. Div. 799 ; McNevin v. Solvay Process Co., 32 App. Div. 610 ; Doobin v. Kelly, 5 Misc 2d 123 ; Bailey v. Rockwell Spring & Axle Co., 13 Misc 2d 29 ; Molburg v. … Bank v. Commercial Cas. Ins. Co., 255 N. Y. 1, 5 .) For all these reasons we believe the courts below improperly exercised their power of review and that the Board’s findings ought to be enforced.

Consolidated Edison Co. v. Hoffman

43 N.Y.2d 598 · New York Court of Appeals · Feb 14, 1978

Co. v Griffin, 272 App Div 551 , supra; Matter of Long Is. Water Corp. v Michaelis, 28 AD2d 887 ). … Co. v City of Long Beach, 280 App Div 823 , supra; Northport Water Works Co. v Carll, 133 NYS2d 859 ).

Overhill Building Co. v. Delany

28 N.Y.2d 449 · New York Court of Appeals · May 26, 1971

Additionally, the board, relying on Matter of Sherman v. … In Matter of Sherman v. Gustafson (28 A D 2d 1082, affd. 22 N Y 2d 793), the Appellate Division reversed an order of the Supreme Court nullifying a zoning board determination denying a variance.

Claim of Tecce v. McKesson & Robbins, Inc.

20 N.Y.2d 779 · New York Court of Appeals · Sep 28, 1967

Fuhst v. Foley

45 N.Y.2d 441 · New York Court of Appeals · Oct 26, 1978

A zoning board determination should not be set aside unless there is a showing of illegality, arbitrariness or abuse of discretion. (Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309 .) … (Matter of Cowan v Kern, 41 NY2d 591 , 599; McGowan v Cohalan, 41 NY2d 434 , *445 438; Matter of Wilcox v Zoning Bd. of Appeals of City of Yonkers, 17 NY2d 249, 255 .)