Case law

Claim of Schechter v. State Insurance Fund

6 N.Y.2d 506 · New York Court of Appeals · Jul 8, 1959

See Williams v. Delaware, L. & W. R. R. Co., 155 N.Y. 158, 162-163 ; Cannon v. Fargo, 222 N.Y. 321, 325 ; Loewinthan v. Le Vine, 299 N. … That being so, it follows that the decision of the board must be sustained (Matter of Kopec v. Buffalo Brake Beam-Acme Steel & Malleable Iron Works, 304 N.Y. 65, 71 , supra; Workmen’s Compensation Law, § 20).

Maxon v. . Scott

55 N.Y. 247 · New York Court of Appeals · Dec 16, 1873

It was accordingly held, in Owen v. … (See also cases cited in the opinions in Yale v. Dederer .) The Corn Exchange Ins. Co . v.

Matter of Wasmund v. Laguardia

287 N.Y. 417 · New York Court of Appeals · Mar 5, 1942

(Matter of Durr v. Paragon Trading Carp., 270 N. Y. 464, 469 ; Matter of Stracquadanio v. Dept, of Health, 285 N. Y. 93, 96 .) … Wood v. Lacombe, 99 N. Y. 43, 49, 50 .) That purpose was to bring within the administrative control of a single agency the supervision of public institutions of higher learning.

People v. Brooklyn Garden Apartments, Inc.

283 N.Y. 373 · New York Court of Appeals · Jul 24, 1940

Co. v. Mealey, 224 N. Y. 187 ; affd., 254 U. S. 47 .) Tax exemptions, however, are limitations of sovereignty and are strictly construed. (Hale v. State Board of Assessment, 302 U. S. 95 ; Perry Co. v. … Co. v. Louisiana Board of Health, 118 U. S. 455 ; United States v. Butler, 297 U. S. 1, 61 .) The word “ fee ” is of more doubtful meaning.

Chemical Bank v. Levine

91 N.Y.2d 738 · New York Court of Appeals · Jun 4, 1998

Thus, its formula differs from that used in typical statutes of repose, which are aimed at suspending the judicial remedy (see generally, Sharrow v Inland Lines, 214 NY 101 ; Hulbert v Clark, 128 NY 295 ; compare, CPLR 213 … -215), and fits more aptly within the class of durational rules that operate as “qualifications” to the right itself (see, e.g., Romano v Romano, 19 NY2d 444, 447 ; see generally, Siegel, NY Prac § 34 [2d ed]). *742 Furthermore

Hankins v. Mayor of New York

64 N.Y. 18 · New York Court of Appeals · Jan 25, 1876

They organize not as a board of supervisors or assessors, but as a distinct board for a special service. … (People v. Palmer, 52 N. Y., 83 ; In re The Evergreens, 47 id., 216 ; Mongeon v. The People, 55 id., 613.)

People Ex Rel. N.Y.C., Etc., Co. v. . P.S. Com.

195 N.Y. 157 · New York Court of Appeals · Apr 6, 1909

Steward v. R.R. Comrs., 160 N.Y. 202 ; People ex rel. Bath H.R.R. Co . v. Pub. Serv. Commission, 127 App. Div. 480 ; affd., 194 N.Y. 543 .) … It is also insisted by the appellant that the relator was not a party aggrieved by the action of the board of railroad commissioners. That was a question for the board and the Appellate Division to consider.

Claim of Kiriloff v. A. G. W. Wet Wash Laundry, Inc.

282 N.Y. 466 · New York Court of Appeals · Apr 16, 1940

More than “ purely ministerial ” action is now necessary by the Industrial Board. (Matter of Vleck v. Parry, 270 N. Y. 371 ; Cohen on Powers of New York Court of Appeals, § 4, pp. 17, 18; Matter of New York State Elec. … Corp. v. Public Service Comm., 260 N. Y. 32 ; Matter of Grade Crossings [N. Y. C. R. R. Co.], 255 N. Y. 320 .)

Gilbert v. . Comstock

93 N.Y. 484 · New York Court of Appeals · Oct 16, 1883

(Tracy v. Suydam, 30 Barb. 110 .) She could not retain for her debt unless it was proved and allowed by the surrogate (2 R. … (Rogers v. Rogers, 3 Wend. 503 ; Williams v. Purdy, 6 Paige, 166 ; Bloodgood v. Bruen, 8 N. Y. 362 .) Unless then barred the defense was unavailable. (Laws of 1868, chap. 594, § 1.)

People v. Parks

41 N.Y. 36 · New York Court of Appeals · Dec 16, 1976

(Taylor v Louisiana, 419 US, at p 528 ; Brown v Allen, 344 US 443, 474 .) … (Matter of Brown v Ristich, supra; People v Rensing, 14 NY2d 210, 213 .)

Claim of Pelow v. Sork Enterprises, Ltd.

33 N.Y.2d 944 · New York Court of Appeals · Feb 13, 1974

Chief Judge Bbeitel and Judge Jasen dissent and vote to reverse and to reinstate the determination of the Workmen’s Compensation Board on the ground that there was substantial evidence before the board to support the determination

Civil Service Employees Ass'n v. Helsby

21 N.Y.2d 836 · New York Court of Appeals · Feb 21, 1968

Pomerance v. Pomerance

301 N.Y. 254 · New York Court of Appeals · Jul 11, 1950

Y. 430, 432-433 ; Condon v. Associated Hosp. Service of N. Y., 287 N. Y. 411, 414 ). … These references to facts later in time than the date of the agreement, are, whatever their ultimate impact on the decision of the case, not irrelevant (Harding v. Harding, 236 N. Y. 514 ; Brown v. Brown, 239 N.

Matter of Ralph v. Bd. of Estimate of City of Ny

306 N.Y. 447 · New York Court of Appeals · Apr 8, 1954

Matter of Oram v. Moon Co., 285 N. Y. 42, 46 ; Matter of Gibbs v. Macy & Co., 214 App. Div. 335, 336-337 , affd. 242 N. Y. 551 .) … That requires ‘ such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. ’ (Consolidated Edison Co. v. National Labor Relations Board, 305 U.

Reilly v. . City of Albany

112 N.Y. 30 · New York Court of Appeals · Jan 15, 1889

(Cumming v. Mayor, etc., of Brooklyn, 11 Paige, 596; Sage v. City of Brooklyn, 89 N. Y. 189 ; McCormack v. City of Brooklyn , 108 id. 49.) … That case involved the question of the authority of the board for the revision and correction of assessment lists in the city of Hew York under a provision in the statute, reading as follows: “ Said board shall have power

Lutz v. Houck

263 N.Y. 116 · New York Court of Appeals · Nov 28, 1933

(State Board of Pharmacy v. Matthews, 197 N. Y. 353 ; Liggett Co. v. Baldridge, 278 U. S. 105, 112 .) … (State Board of Pharmacy v. Matthews, supra.) The limitations of paragraph 4 further restrict the licensed druggist.

Claim of Hendricks v. Toro Power House, Inc.

42 N.Y.2d 879 · New York Court of Appeals · Jun 9, 1977

Matter of Ryder Truck Rental, Inc. v. Parking Violations Bureau of the Transp. Admin. of the City of New York

62 N.Y.2d 667 · New York Court of Appeals · May 1, 1984

Co. v Gliedman, 57 NY2d 588, 593 ; Matter of Circus Disco v New York State Liq. Auth., 51 NY2d 24, 32 ). The provisions explicitly prescribed by the Legislature in the statute are mandatory (cf. … Matter of McCormick v Axelrod, 59 NY2d 568 ; Matter of King v Carey, 57 NY2d 505 ).

City of New York v. Patrolmen's Benevolent Ass'n

14 N.Y.3d 46 · New York Court of Appeals · Dec 17, 2009

There was a dissent to the Board’s decision on dual grounds: 8 that the NYPD had not materially changed its drug testing procedures; and that the Board’s decision was “fundamentally irreconcilable” with PBA v PERB (.Matter … Next, the dissent observed that County of Nassau and its progeny, which were cited by the Board to support its decision, all predated PBA v PERB and, in the case of the Board’s prior decisions, did not address the Police

Schultz v. McNab

54 N.Y.2d 769 · New York Court of Appeals · Sep 1, 1981