Case law

Liss v. Trans Auto Systems, Inc.

68 N.Y.2d 15 · New York Court of Appeals · Jul 3, 1986

choice but to litigate this issue before the Board (Cunningham v State of New York, 60 NY2d 248, 252 ; McMillan v Notre Dame Residence Club, 33 Misc 2d 948, 951 ). … If a plaintiff fails to do so, the court should not express an opinion as to the availability of compensation but remit the matter to the Board (ORourke v Long, supra; Gyory v Radgowski, 89 AD2d 867, 869 ).

People Ex Rel. Thomson v. . Feitner

168 N.Y. 441 · New York Court of Appeals · Nov 12, 1901

Washington Building Co. v. Feitner ( 163 N. … Co. v. Barker ( 22 App. Div. 161 ).”

Matter of Waldbaum's 122, Inc. v. Bd. of Assessors of the City of Mount Vernon

58 N.Y.2d 818 · New York Court of Appeals · Jan 18, 1983

issue is filed * * * an order dismissing the petition shall be entered without notice and such order shall constitute a final adjudication of all issues raised in the proceeding” [emphasis supplied]) (see Matter of King v … Carey, 57 NY2d 505 ; Gonkjur Assoc. v Abrams, 57 NY2d 853 ; Matter of Albano v *820 Kirby, 36 NY2d 526), but also the statute was a re-enactment of a previously repealed provision and was enacted “to restore the four year

Ozols v. Henley

54 N.Y.2d 1023 · New York Court of Appeals · Oct 29, 1981

Rogers v. Wheeler

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

(Witbeck v. Holland, 45 N. Y., 13 .) The evidence is conclusive that Brown knew that the wheat in question was to be carried over the road on its way to its ultimate destination at the Forks. … (Van Slyke v. Hyatt, 46 N. Y., 259 ; Lewis v. Palmer, decided by this court at this term.) The contracts sent by the agent of the.

Golden v. Clark

76 N.Y.2d 618 · New York Court of Appeals · Oct 23, 1990

v Board of Estimate, 647 F Supp 1463 , affd 831 F2d 384, affd 489 US 688 ). … Taken together, these Charter provisions provide reasonable standards to govern the Board’s action in a limited and specified field for a stated purpose (see, Matter of Consolidated Edison Co. v Department of Envtl.

Jayne Estates, Inc. v. Raynor

22 N.Y.2d 417 · New York Court of Appeals · Jul 1, 1968

Corp. v. Board of Appeals of Vil. of Amityville, 309 N. Y. 730 ; Marcus v. Village of Mamaroneck, 283 N. Y. 325 ). … Board of Zoning Appeals, 301 N. Y. 86 ; Matter of Badish v. O’Regan, 212 N. Y. S. 2d 632; but see Matter of Midgett v. Schermerhorn, 24 A D 2d 572.)

In re the Arbitration between the Board of Education, Union Free School District No. 7 & Heckler Electric Co.

7 N.Y.2d 476 · New York Court of Appeals · Mar 31, 1960

Co. v. Insurance Agents’ Int. Union, 258 F. 2d 516, 522 .) … Corp. v. Goldston, 238 N. Y. 22, 26 ; Matter of Interocean Mercantile Corp. [Buell], 207 App.

Teller v. Prospect Heights Hospital

280 N.Y. 456 · New York Court of Appeals · May 31, 1939

(Schmidt v. … subject (Schumer v.

Real Holding Corp. v. Lehigh

2 N.Y.3d 297 · New York Court of Appeals · May 6, 2004

Shore v Incorporated Vil. of Roslyn Harbor, 40 NY2d 158, 162 [1976] [“(T)he board of zoning appeals is a quasi-judicial body created by State law . . . . … Indeed, this case law was not entirely consistent {compare Matter of Holy Spirit Assn, for Unification of World Christianity v Rosenfeld, 91 AD2d 190, 195 [2d Dept 1983] [“the *303 zoning board had no authority, absent an

Pittsford Plaza Associates v. Spiegel

66 N.Y.2d 717 · New York Court of Appeals · Oct 17, 1985

In Matter of Gershowitz v Planning Bd. ( 52 NY2d 763, 765 , revg 69 AD2d 460, 474 ), the only authority cited by the Appellate Division in this case, we held that a Town Planning Board, as a delegate of a Town Board (see, … (see also, Rattner v Planning Commn., 103 AD2d 826 ; Mayo, Land Use Control, 33 Syracuse L Rev 401, 415).

Matter of White Plains Props. Corp. v. Tax Assessor of the City of White Plains

44 N.Y.2d 971 · New York Court of Appeals · Jul 6, 1978

Smith v. Mahoney

60 N.Y.2d 596 · New York Court of Appeals · Aug 30, 1983

This information is required by statute (Election Law, § 6-134, subd 2), with which there must be strict compliance (see Matter of Hutson v Bass, 54 NY2d 772, 773-774 ). … Petitioner’s failure to include the necessary information is not excused by the fact that the form he used was supplied by the local board of elections.

MATTER OF GLASS v. Bd. of Educ. of the City of New York

16 N.Y.2d 982 · New York Court of Appeals · Oct 28, 1965

McDougall v. . State of New York

109 N.Y. 73 · New York Court of Appeals · Apr 10, 1888

(Lewis v. State, 96 N. Y. 71 .) … (Code of Civil Pro., § 1209; Wheeler v. Ruckman, 51 N. Y. 391 .)

Matter of Long Island R.R. Co. v. Hylan

240 N.Y. 199 · New York Court of Appeals · May 5, 1925

Trustees of Village of Jamaica v. Board of Supervisors, Queens County ( 131 N. … Co. v. Village of Port Chester, supra.)

People Ex Rel. Nechamcus v. Warden of the City Prison

144 N.Y. 529 · New York Court of Appeals · Jan 29, 1895

(People v. Ewer, 141 N. Y. 129 .) … Y. 98 ; People v. Marx, 99 id. 377; People v. Gillson, 109 id. 389.)

Claim of Lobman v. Bernhard Altmann Corp.

15 N.Y.2d 506 · New York Court of Appeals · Oct 15, 1964

Judges Fuld and Van Voorhis dissent and vote to reverse and to dismiss the claim upon the ground that there is no substantial evidence to support the determination of the board. Taking no part: Judge Bergan.

Crane v. State

2 N.Y. 752 · New York Court of Appeals · Apr 1, 2004

MATTER OF LYNCH v. New York City Conciliation & Appeals Bd.

44 N.Y.2d 795 · New York Court of Appeals · May 2, 1978