Case law

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.

Matter of Rushford v. Laguardia

280 N.Y. 217 · New York Court of Appeals · Apr 11, 1939

Whitmore v. Mayor, supra; People ex rel. Bacon v. Board of Supervisors, 105 N. Y. 180 .) … The regulations respecting the filling of vacancies were put into the budget by that Board. These, we think, were a reasonable method for exercise of its salary-fixing power. (See People ex rel. Plancon v.

Wright v. . Shanahan

149 N.Y. 495 · New York Court of Appeals · May 26, 1896

(Robinson v. Chamberlain, 34 N. Y. 389 ; McCarthy v. City of Syracuse, 46 N. Y. 194 ; Smith v. City of Rochester, 92 N. Y. 473 ; People v. Canal Board, 55 N. Y. 390 ; St. Peter v. Denison, 58 N. Y. 416 ; Hover v. … Y. 113 ; Adsit v. Brady, 4 Hill, 630 .)

Guryev v. Tomchinsky

20 N.Y.3d 194 · New York Court of Appeals · Dec 11, 2012

The other defendants in this action are the condominium; its Board of Managers (the Board), the entity responsible for the building’s day-to-day operation and management; and the Trump Corporation (Trump), the Board’s managing … State of New York, 15 NY3d 50, 56 [2010], citing Abbatiello v Lancaster Studio Assoc., 3 NY3d 46 [2004], and Scaparo v Village of Ilion, 13 NY3d 864 [2009] [internal quotation marks omitted]).

Western R.R. Co. v. . Nolan

48 N.Y. 513 · New York Court of Appeals · May 5, 1872

(Barhyte v. Shepherd, 35. N.Y. R., 238, and cases there cited). … It is said by the Court of Appeals, in the case of the Susquehanna Bank v. The Supervisors of Broome County (25 N. Y.

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 .)

Altschul v. . Ludwig

216 N.Y. 459 · New York Court of Appeals · Jan 4, 1916

(Doolittle v. Supervisors of Broome Co., 18 N. Y. 155 ; Roosevelt v. Draper, 23 N. Y. 318, 323 ; People v. Ingersoll, 58 N. Y. 1 ; Kilbourne v. St. John, 59 N. Y. 21 ; Guest v. City of Brooklyn, 69 N. Y. 506 .) … (Rogers v. O’ Brien, supra; Warrin v. Baldwin, 105 N. Y. 534 ; Ziegler v. Chapin, 126 N. Y. 342 ; Peck v. Belknap, 130 N. Y. 394 ; Talcott v. City of Buffalo, 125 N. Y. 280 .)

MATTER OF CLAYTON v. Clement

33 N.Y.2d 386 · New York Court of Appeals · Feb 20, 1974

Generally, it is up to the Legislature not the court to fix jurisdictional guidelines determining when a statute or amendment to a statute should become applicable (Simonson v. … In this respect, the case at bar is similar to the case of Matter of Berkovitz v. Arbib & Houlber ( 230 N.

MATTER OF STARNELLA v. Bratton

92 N.Y.2d 836 · New York Court of Appeals · Jun 16, 1998

Concluding that Sergeant Gasparino suffered an accidental injury as a matter of law (Matter of Canfora v Board of Trustees, 60 NY2d 347 ), we reverse the Appellate Division order denying his petition. … ; Matter of Danyi v Board of Trustees, 176 AD2d 451 ).

The Matter of Robert Morgan III v. Bill de Blasio

29 N.Y.3d 559 · New York Court of Appeals · Aug 31, 2017

Appellants rely on Matter of O’Brien v Seneca County Bd. of Elections (22 AD3d 1036, 1036 [4th Dept 2005]) and Matter of Seaman v Bird (176 AD2d 1061, 1062 [3d Dept 1991]), to argue that, because complete relief could be … obtained from the Board of Elections, the Executive Board of the Working Families Party is not a necessary party.

Claim of Tecce v. McKesson & Robbins, Inc.

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

Douglaston Civic Ass'n v. Galvin

36 N.Y.2d 1 · New York Court of Appeals · Dec 20, 1974

Board of Zoning Appeals, 13 A D 2d 1030; Matter of Feldman v. Nassau Shores Estate, *6 12 Misc 2d 607 , affd. 7 A D 2d 757; Matter of Vitolo v. Chave, 63 Misc 2d 971 ; Matter of Miller v. … Thomson v. Board of Supervisors of County of Schenectady, 35 Barb. 408, 418 ; see, also, Matter of 200 West 79th St. Co. v. Galvin, 71 Misc 2d 190 .)

Supervisors of Rensselaer County v. Bates

17 N.Y. 242 · New York Court of Appeals · Mar 5, 1858

To the extent, therefore, that Sherry acted within the limits of the power which the board of supervisors assumed to confer upon him, the defendant, as surety, would be clearly liable. (The People v. … Norton, 5 Seld., 176; The State of New-York v. The City of Buffalo, 2 *246 Hill, 434.)

Claim of Collins v. Dukes Plumbing & Sewer Service, Inc.

17 N.Y.3d 906 · New York Court of Appeals · Nov 15, 2011

OPINION OF THE COURT Order affirmed, with costs (see Matter of Raynor v Landmark Chrysler, 18 NY3d 48 [2011] [decided today]). Concur: Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

Verdi v. Mattera

32 N.Y.2d 837 · New York Court of Appeals · May 23, 1973

People Ex Rel. Wells Newton Co. v. . Craig

232 N.Y. 125 · New York Court of Appeals · Nov 22, 1921

(Titusville Iron Co. v. City of New York, 207 N. Y. 203 .) … (Johnson v. City of New York, 191 App. Div. 205 ; affd., 231 N. Y. 564 .)

Collins v. Hammock

52 N.Y.2d 798 · New York Court of Appeals · Dec 22, 1980

Petitioner sought a new parole release hearing based upon a number of claimed errors in the procedure followed by the superintendent and the board. … for the hearing by seeking employment so that he could present a work plan, that the board improperly considered the third disciplinary violation, and that those errors required a new hearing.

Sinnott v. Monahan

54 N.Y.2d 946 · New York Court of Appeals · Oct 22, 1981

Matter of Otto v. Steinhilber

282 N.Y. 71 · New York Court of Appeals · Dec 28, 1939

Church v. Walsh, supra; Y. W. H. Assn. v. Board of Standards & Appeals, 266 N. Y. 270 ; Matter of Levy v. Board of Standards & Appeals, 267 N. Y. 347 .) … H Intervener relies upon Matter of Reed v. Board of Standards & Appeals ( 255 N. Y. 126 ).

Matter of King Rd. Materials, Inc. v. Town Bd. of the Town of Rotterdam

32 N.Y.2d 890 · New York Court of Appeals · May 31, 1973

Order affirmed, with costs (see Mobil Oil v. Incorporated Vil. of Roslyn Harbor, 69 Misc 2d 79, 83 ).