Case law

Prudco Realty Corp. v. Palermo

60 N.Y.2d 656 · New York Court of Appeals · Sep 20, 1983

Petitioner commenced this article 78 proceeding to review a determination of the zoning board of appeals (Board) that granted an application of the intervenorrespondent-appellant, S. F. … In light of this, it is clear that the Board’s decision was not based on substantial evidence. (See 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 .)

Goepel v. . Kurtz Action Co.

216 N.Y. 343 · New York Court of Appeals · Nov 30, 1915

Other, and upon principle, it is clear that the same party cannot pursue both. ” (Knapp v. Brown, 45 N. Y. 207, 209 .) … (Knapp v. Brown, supra.)

Spencer v. Standard Chemicals & Metals Corp.

237 N.Y. 479 · New York Court of Appeals · Apr 1, 1924

(Cummings v. Morris, 25 N. Y. 625 .) In ether words, the plaintiff must have some *481 title, legal or equitable, to the thing assigned. (Hays v. Hathorn, 74 N. Y. 486.) If the assignee have such title it is enough. … (Allen v. Brown, 44 N. Y. 228 ; Meeker v. Claghorn, 44 N. Y. 349; Sheridan v. Mayor, etc., of New York, 68 N. Y. 30 ; Brown v. Powers, 53 App. Div. 251 .) But legal title or equitable interest he must have.

Hall v. . Lauderdale

46 N.Y. 70 · New York Court of Appeals · Sep 5, 1871

That this was the nature of the proceedings, taken by the board of supervisors, was substantially held by this court in the case of The People v. The Board of Supervisors of Livingston County ( 34 N. Y., 516 ). … (Eaton v. Bell, 5 Barn. & Ald., 34; White v. Madison, 26 N. Y., 117 .)

Matter of Sherman v. Bd. of Regents of the Univ. of the State of New York

19 N.Y.2d 679 · New York Court of Appeals · Feb 21, 1967

Hoffman v. Harris

17 N.Y.2d 138 · New York Court of Appeals · Mar 24, 1966

(Matter of Village of Bronxville v. Francis, 1 A D 2d 236, 238, affd. 1 N Y 2d 839.) … We find these arguments unpersuasive first because the cases creating a bar to relief for purchasers with notice are use variance cases (see Matter of Clark v. Board of Zoning Appeals, 301 N.

IntegrateNYC, Inc. v. State of New York

2025 NY Slip Op 05870 · New York Court of Appeals · Oct 23, 2025

Assn. v Board of Educ. of City School Dist. of City of N.Y., 39 NY2d 111, 121 [1976]). … Defendants' alleged conduct thus flies in the face of Brown v Board of Education 's promise of an integrated public education serving as a gateway to social and economic mobility.

People Ex Rel. Atkins v. Jennings

248 N.Y. 46 · New York Court of Appeals · May 1, 1928

(Sims v. Sims, 75 N. Y. 466 .) … (Anderson v. Corall, 263 U. S. 193 .) *54 In People ex rel. Kohler v. Kidney ( 183 App. Div. 921 ; affd., 223 N.

Twin Lakes Development Corp. v. Town of Monroe

1 N.Y.3d 98 · New York Court of Appeals · Nov 20, 2003

The statute also provides that a planning board may require a monetary payment in an amount to be established by the town board if the planning board determines that, although the subdivision is a “proper case” for requiring … Assn. v County of Suffolk, 46 NY2d 613, 619 [1979]).

People v. Heath

86 N.Y.2d 723 · New York Court of Appeals · Jun 29, 1995

In People v Brown ( 67 NY2d 555, 560 ), on which defendant relies, "[n]either crime contained] an element which [wa]s not also an element of the other crime.” … Indeed, unlike the situation in Brown , even the weapon-possession elements of the crimes are different: Penal Law § 270.20 requires that the actor have been in possession of a "firearm”, while Penal Law § 265.02 (4), the

Claim of Cadorniga-Doeing v. NSH/Long Island Jewish Health System

10 N.Y.3d 737 · New York Court of Appeals · Feb 12, 2008

Claim of Whitmyre v. International Business MacHines Corp.

274 N.Y. 61 · New York Court of Appeals · Apr 27, 1937

The power and jurisdiction of the Board to reopen a claim after a reversal and dismissal; to take new evidence and make new findings, have been approved by this court in Matter of McMahon v. Gretzula ( 267 N. … Div. 742 ); Matter of DiDonato v. Rosenberg ( 256 N. Y. 412 ). There being evidence to sustain the new findings of the Board, we affirm the order of the Appellate Division and the award of the Industrial Board.

General Electric Co. v. Town of Salina

69 N.Y.2d 730 · New York Court of Appeals · Dec 19, 1986

Srogi, 52 NY2d 496, 510 ; G.R.F., Inc. v Board of Assessors, 41 NY2d 512 , 513), and where, as here, evidence of a recent sale price is lacking, market value may be determined with reference to recent sales of comparable … properties (Matter of Merrick Holding Corp. v Board of Assessors, 45 NY2d 538 ; Matter of Great Atl. & Pac.

Browne v. Hibbets

290 N.Y. 459 · New York Court of Appeals · Apr 15, 1943

Deverell v. Musical Mutual Protective Union, supra.) … (Polin v. Kaplan, 257 N. Y. 277, 281 .)

Claim of De Maio v. Rockford Plumbing & Heating

48 N.Y.2d 665 · New York Court of Appeals · Oct 9, 1979

Matter of Buehler v. Bd. of Supervisors

260 N.Y. 268 · New York Court of Appeals · Nov 22, 1932

It then provides: “ Such board shall also appoint an attorney, and also a clerk to the building and supply committee of said board.” … The case of Matter of McNeles v. Board of Supervisors ( 173 App. Div. 411 ; affd., 219 N. Y. 578 ) does not militate against this view.

Town of Aurora v. Village of E. Aurora

32 N.Y.3d 366 · New York Court of Appeals · Nov 20, 2018

Town of Aurora v Village of E. Aurora ( 2018 NY Slip Op 07923 ) Town of Aurora v Village of E. Aurora 2018 NY Slip Op 07923 [ 32 NY3d 366 ] November 20, 2018 Stein, J. … Disabilities , 19 NY3d 106, 120 [2012], quoting Nostrom v A.W.

Collins v. Meisser

22 N.Y.2d 277 · New York Court of Appeals · Jun 6, 1968

The board refused this request and assigned the candidates to positions on the lines following the names of candidates for the United States senatorial nomination who, the board believed, represented political views harmonious … Power, 1 N Y 2d 825; Matter of Rachlin v. Lomenzo, 17 N Y 2d 926; Matter of Tomczak v. Lawley, 17 N Y 2d 928).

Matter of Sachs v. Bd. of Educ. of the Mineola Union Free Sch. Dist.

50 N.Y.2d 830 · New York Court of Appeals · May 29, 1980

Gisondi v. Town of Harrison

72 N.Y.2d 280 · New York Court of Appeals · Jul 12, 1988

The victim described his car as new or fairly new, possibly a tan or light brown, four door, Ford LTD. … Although we have held that the police need not investigate every asserted alibi (Brown v City of New York, 60 NY2d 893 ; cf., Colon v City of New York, supra, at 83), plaintiff argues that they should have done so here because