Case law

Morris v. . Windsor Trust Co.

213 N.Y. 27 · New York Court of Appeals · Nov 10, 1914

(Sawyer v. Hoag, 17 Wall. 610, 622 ; Libby v. Hopkins, 104 U. S. 303 ; Western Tie & Timber Co. v. Brown, 196 U. S. 502, 509 .) I think the set-off is without sanction, either statutory or equitable. … Hopkins , in Western Tile & Timber Co. v. Brown , and in Hanover Nat. Bank *33 v. Suddath (supra), was not a technical or special one.

People v. Cona

49 N.Y.2d 26 · New York Court of Appeals · Dec 13, 1979

48 NY2d 1 , with People v Robinson, 36 NY2d 224 ). … Johnson, 47 NY2d 124 ; People v Williams, 31 NY2d 151 ).

Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead

20 N.Y.2d 841 · New York Court of Appeals · Oct 26, 1967

(CPLR 7803; see Matter of Weinstein v. Board of Regents, 292 N. Y. 682 ; Matter of Kilgus v. Board of Estimate of City of N. 7., 308 N. Y. 620 .)

MATTER OF MONROE v. New York State Bd. of Elections

35 N.Y.2d 738 · New York Court of Appeals · Oct 18, 1974

MATTER OF DALY v. Opportunities for Broome, Inc.

39 N.Y.2d 862 · New York Court of Appeals · Jun 2, 1976

The order of the Appellate Division should be reversed and the determination of the Workmen’s Compensation Board reinstated. … Order reversed, with costs, and the decision of the Workmen’s Compensation Board reinstated in a memorandum.

Claim of Stimburis v. Leviton Mfg. Co.

5 N.Y.2d 360 · New York Court of Appeals · Mar 12, 1959

Matter of Roder v. Northern Maytag Co. ( 297 N. Y. 196 ) points the way for reversal here. In Boder the claim was disallowed on the ground that claimant had failed to establish causal connection. … Matter of Roder v. Northern Maytag Co. ( 297 N. Y. 196 , supra) clearly holds that when application for reopening is made within the seven years the board, after seven years, may reconsider its denial.

Starling Realty Corp. v. State of New York

286 N.Y. 272 · New York Court of Appeals · Jul 29, 1941

dealing with it do so knowing this fact and at their own risk. * * * However inequi *278 table the conduct of the state may be it has said that it shall only be responsible upon one condition. * * * ” (Belmar Contracting Co. v. … City of New York v. Nixon, 229 N. Y. 356, 361 .)

People v. Gibson

24 N.Y.3d 1125 · New York Court of Appeals · Feb 17, 2015

Where, as here, there exists record support for the Appellate Division’s resolution of this question, the issue is beyond this Court’s power of review (see People v Brown, 95 NY2d 942 [2000]; People v Hallman, 92 NY2d 840

Betancourt v. Strohm

75 N.Y.2d 873 · New York Court of Appeals · Mar 19, 1990

Betty L. Kimmel v. State of New York

29 N.Y.3d 386 · New York Court of Appeals · May 9, 2017

When the legislature enacted the EAJA five years later, it is presumed to have known of our decision (see Arbegast v Board of Educ. of S. New Berlin Cent. … Moreover, we have held that limitations should not be read into such remedial statutes “unless the limitation [s] proposed [are] ‘clearly expressed’ ” (Brown, 25 NY3d at 251 , quoting People v Sosa, 18 NY3d 436, 440-441 [

Village of Lynbrook v. Cadoo

252 N.Y. 308 · New York Court of Appeals · Dec 3, 1929

(United States v. New York & Porto Rico S. S. Co., 239 U. S. 88, 93 .) Waiver may in such cases be implied from a course of conduct indicative of a disposition to forego a right which might have been insisted upon. … West v. City of Des Moines, 96 Iowa, 521 .) Government is a practical affair. Statutory proceedings by town and village boards are often defective in some unsubstantial detail.

Matter of Hart

159 N.Y. 278 · New York Court of Appeals · Jun 6, 1899

Co. v. Jeroloman, 139 N. Y. 14 ; People ex rel. Jacobus v. Van Wyck, 157 id. 495.) … Wren v. Goetting, 133 N. Y. 569 ; People ex rel. Lewis v.

Matter of Harby v. . Marwell Brothers, Inc.

235 N.Y. 504 · New York Court of Appeals · Jan 23, 1923

Biondi v. Beekman Hill House Apartment Corp.

94 N.Y.2d 659 · New York Court of Appeals · Apr 11, 2000

Co. v Village of Hempstead, 48 NY2d 218, 228 ). … Co. v Goldfarb, 53 NY2d 392, 400 , quoting Messersmith v American Fid. Co., 232 NY 161, 165 ).

Stoller v. Ackerson

30 N.Y.2d 877 · New York Court of Appeals · Jun 14, 1972

Matter of Lindgren

232 N.Y. 59 · New York Court of Appeals · Oct 28, 1921

of the city of New York and the other for president of the board of aldermen. … Sherwood v. Board of Canvassers ( 129 N.

Matter of Lauer v. Bd. of Elections

262 N.Y. 416 · New York Court of Appeals · Oct 24, 1933

The delivery of the certificate to this subordinate away from the office of the Board of Elections did not constitute the filing called for by the law. (Albany Builders’ Supply Co. v. … Y. 432, and Sweeney v. City of New York, 225 N. Y. 271.) (But see Matter of Norton, 34 App. Div. 79 ; appeal dismissed, 158 N. Y. 130 .)

Matter of Coulter (Croft)

285 N.Y. 206 · New York Court of Appeals · Mar 13, 1941

(Lane v. Johnson, 283 N. Y. 244 .) … We did point out in Lane v.

Giuliani v. Hevesi

90 N.Y.2d 27 · New York Court of Appeals · Mar 20, 1997

The Mayor can, for example, "enter into an agreement with the water board for the transfer to the water board, for use in the exercise of its corporate powers and purposes, the sewerage system or water system, or both, of … State of New York, 84 NY2d 231 , cert denied 513 US 1127 ; Hotel Dorset Co. v Trust for Cultural Resources, 46 NY2d 358 ; Wein v State of New York, 39 NY2d 136 ; Wein v City of New York, 36 NY2d 610 ).

In re the Arbitration between Blackburne & Governor's Office of Employee Relations

87 N.Y.2d 660 · New York Court of Appeals · Mar 26, 1996

Teachers’ Assn.], 37 NY2d 614, 616-617 ; see also, Board of Educ. v Areman, 41 NY2d 527, 531 ; Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774, 776-777 ; Matter of *666 Port Wash. … Because public policy precludes arbitration of petitioner’s claim in the first instance, our inquiry concludes at level one (accord, Board of Educ. v Areman, 41 NY2d 527 , supra; Matter of Cohoes City School Dist. v Cohoes