Case law

Kelly v. Murphy

20 N.Y.2d 205 · New York Court of Appeals · Jul 7, 1967

In Matter of Evans v. Monaghan ( 306 N. … In Boeing Airplane Co. v.

Slavin v. . State

152 N.Y. 45 · New York Court of Appeals · Mar 2, 1897

The board apparently concluded that there was no loss of rental value, and made the award of twenty-five dollars to cover the expense of gravelling the cellar. We think the board erred in respect to the rule of damages. … (See Barrick v. Schiffe *49 rdecker, 123 N. Y. 52 ; Seely v. Alden, 61 Pa. St. 302; Holt v. Sargent, 15 Gray, 97 .)

People McDonough v. Bd. of Managers, Buffalo St. Asylum

96 N.Y. 640 · New York Court of Appeals · Jun 10, 1884

Testa v. Ravitz

84 N.Y.2d 893 · New York Court of Appeals · Oct 27, 1994

Under Election Law § 6-148, a valid nomination is a prerequisite to the creation of a vacancy (see, Matter of Di Lorenzo v Heffernan, 187 Misc 766 , affd 271 App Div 802 , affd 296 NY 687 ). … We also note that Supreme Court correctly concluded that it lacks jurisdiction to conduct its own canvass of the ballots and determine a winner before the Board of Elections has conducted its canvass (Matter of Larsen v Canary

Fisher v. Kelly

289 N.Y. 161 · New York Court of Appeals · Oct 16, 1942

The challenge by the Mayor of the validity of the local law amending the City Charter is based upon the contention that, since public health is a -matter of State concern (Adler v. Deegan, 251 N. Y. 467 ; Robertson v. … In villages the board of health shall consist of the board of trustees of such village.

Phillips v. Dennison

9 N.Y.3d 956 · New York Court of Appeals · Oct 23, 2007

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

Vitale v. City of New York

60 N.Y.2d 861 · New York Court of Appeals · Nov 22, 1983

City of New York, 53 AD2d 528 , affd 42 NY2d 831 ; Bass v City of New York, 38 AD2d 407 , affd 32 NY2d 894 ; Riss v City of New York, 22 NY2d 579 ). … It is his contention, however, that a special relationship was created between him and the board of education when the security plan was adopted and that the board breached its special duty of care to him when it failed to

Matter of Di Donato v. Rosenberg

256 N.Y. 412 · New York Court of Appeals · Jun 2, 1931

(Matter of Aioss v. Sardo, 249 N. Y. 270 .) … The extent of these powers we have recently discussed in Royal Indemnity Company v. Heller ( 256 N. Y. 322 ), handed down May 12, 1931.

Hadden v. Consolidated Edison Co.

34 N.Y.2d 88 · New York Court of Appeals · May 1, 1974

(See, e.g., Baltimore County Bd. of Trustees of Employees’ Retirement System v. Comes, 247 Md. 182 ; Van Coppenolle v. City of Detroit, 313 Mich. 580 ; Fromm v. Board of Directors, 81 N. J. Super. 138.) … Hosley v. Black, 28 N. Y. 438, 443 ; Hong v. Independent School Dist., 181 Minn. 309 .)

Franchise Realty Interstate Corp. v. Cohalan

54 N.Y.2d 643 · New York Court of Appeals · Jun 29, 1981

Marcly v. . Shults

29 N.Y. 346 · New York Court of Appeals · Mar 5, 1864

up to the height of such boards during the whole year. … The principle *Page 353 referred to is thus illustrated in Cowel v. Thayer (5 Metcalf, 257).

Claim of Petterson v. Daystrom Corp.

17 N.Y.2d 32 · New York Court of Appeals · Feb 17, 1966

(People v. Ryan, 274 N. Y. 149, 152 ; see, also, Matter of United Press Assns. v. Valente, supra, 308 N. Y. 71, 83-84 ; Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. … Nothing decided or said in Matter of Meachem v. New York Cent. R. R. Co. (8 N Y 2d 293), or the other cases to which the board calls attention, requires a contrary result.

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 .)

Furniss v. . Ferguson

15 N.Y. 437 · New York Court of Appeals · Jun 5, 1857

proportion of the whole amount which he would be entitled to recover upon the failure of the title to the entire property, as the value of that portion of the title which has failed bears to the value of the whole. ( Morris v. … BROWN, J., did not hear the argument, and took no part in the decision. New trial ordered. *Page 444

Roberts v. . the State

160 N.Y. 217 · New York Court of Appeals · Oct 3, 1899

Thus, if a claim was presented, the statute contemplated a trial before the board of two questions. … The appellant, however, in his eighth point contends that the liability of- the state has been conceded by the legislature, and cites the case of Cayuga, County v. State ( 153 N. Y. 279 ) as sustaining that proposition.

Matter of Baird

142 N.Y. 523 · New York Court of Appeals · Jun 5, 1894

When this case was here on a former appeal (Board v. Supervisors, 138 N. … Carter v. Rice, 135 N. Y. 473 .) The board had the same difficulties to meet in the formation of assembly districts that the legislature had in the formation • of senate districts.

Walker v. Russi

79 N.Y.2d 897 · New York Court of Appeals · Feb 20, 1992

Westcott Chuck Co. v. Oneida National Chuck Co.

199 N.Y. 247 · New York Court of Appeals · Sep 27, 1910

(Browne on Trade Marks, § 499 ; Paul on Trade Marks, § 324.) But this action is in equity. … (Browne on Trade Marks, § 506; Paul on Trade Marks, § 326. See cases there cited ; Singer Mfg. Co. v. June Mfg. Co., supra.)

MATTER OF TEDESCO v. Gen. Elec. Co.

305 N.Y. 544 · New York Court of Appeals · Jul 14, 1953

305 N.Y. 544 (1953) In the Matter of the Claim of Michael Tedesco, Appellant, v. General Electric Company, Respondent. Workmen's Compensation Board, Respondent. Court of Appeals of the State of New York. … The Appellate Division, Third Department (one Justice dissenting), reversed and dismissed the claim, relying principally upon Matter of Wilson v.