Case law

Sukup v. State of New York

19 N.Y.2d 519 · New York Court of Appeals · May 16, 1967

Co., 1 N Y 2d 439, 444; Manko v. City of Buffalo, 296 N. Y. 905 , affg. 271 App. Div. 286 ; Heath v. State of New York, 303 N. Y. 658 , affg. 278 App. Div. 8 ; Davis Acoustical Corp. v. Hanover Ins. … Co. v. Audlane Realty Corp., 163 Misc. 301 ).

Palmer v. B.E. U. Free S. Dist. No. 2

276 N.Y. 682 · New York Court of Appeals · Jan 11, 1938

Golden v. Koch

49 N.Y.2d 690 · New York Court of Appeals · Apr 3, 1980

judgment declaring that defendant, the Mayor of the City of New York, also a member of the board, may not vote during the board’s consideration of budget modifications proposed by the Mayor and an injunction preventing him … (Matter of Kuhn v Curran, 294 NY 207, 217 ; see, also, Matter of City of New York v Beame, 37 AD2d 89, 92 .)

Stilwell v. . Mutual Life Insurance Co.

72 N.Y. 385 · New York Court of Appeals · Feb 5, 1878

The evidence of what actually took place between the agent Brown and the deceased, leading to the surrender of the policy, «rests principally upon the *391 testimony of Brown himself, and it is difficult to see how the facts … Jur., § 1097; Brass v. Worth, 40 Barb., 654 .)

State v. Shannon S.

20 N.Y.3d 99 · New York Court of Appeals · Oct 30, 2012

Paraphilia NOS, however, has been found to be a viable predicate mental disorder or defect that comports with minimal due process (see Carta, 592 F3d at 40-42 ; Brown v Watters, 599 F3d 602, 611-612 [7th Cir 2010]; McGee, … Leon F., 84 AD3d 1098, 1100-1101 [2d Dept 2011]; Matter of State of New York v Myron P., 86 AD3d 26, 28 [3d Dept 2011]; Carta, 592 F3d at 39-40 ; Brown, 599 F3d at 612 ).

Westerlo v. . De Witt

36 N.Y. 340 · New York Court of Appeals · Mar 5, 1867

(Ball v. Loomis, 29 N. Y. 412 ; Peterson v. Rawson, 34 N. Y. 370 ). … S., 497, 542; Brown v. Brown, 18 Cont. R. 410; Bedell v. Carll, 33 N. Y. R. 581).

Waterman v. New York Life Insurance & Trust Co.

237 N.Y. 293 · New York Court of Appeals · Dec 27, 1923

This case finds a parallel to some extent in Brown v. … Higgs (4 Ves. 708), where the gift, following an estate tail, was to “ one of the heirs of the sons of my nephew Samuel Brown as he shall direct by a conveyance in his life time or by his will.”

People v. Harper

7 N.Y.3d 882 · New York Court of Appeals · Nov 20, 2006

Because defendant failed *883 to object to these instructions, his contention is unpreserved for our review (see People v Brown, 7 NY3d 880 [2006] [decided today]). … the denial of the motion to suppress without disturbing the court’s finding of abandonment, and there is record evidence that would support that determination, we are bound by the suppression court’s finding (see People v

Gillet v. . Bank of America

160 N.Y. 549 · New York Court of Appeals · Nov 21, 1899

(Rob ertson v. O. E. Co., 146 N. Y. 20, 24 ; Halpin v. Insurance Co. of N. A., 120 N. Y. 73 ; Smith v. Kerr, 108 N. Y. 31, 37 ; Colemam, v. Beach, 97 N. Y. 545 , 553 ; Parshall v. Eggert, 54 N. Y. 18 , 23 ; French v. … The relation created by the transactions between the parties was that of trustee and cestui que trust. _ As was said by Brown, J., in Wheeler v. Newbould ( 16 N.

Claim of Tedesco v. General Electric Co.

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

The board, finding that such injuries arose out of and in the course of his employment, made an award. … The Appellate Division, Third Department (one Justice dissenting), reversed and dismissed the claim, relying principally upon Matter of Wilson v. General Motors Corp. ( 298 N.

Matter of Finegan v. Cohen

275 N.Y. 432 · New York Court of Appeals · Oct 19, 1937

The board of elections shall prepare and provide all necessary forms and equipment. … In the case of Matter of O’ Keeffe v. Finegan ( 275 N.

Getman v. Niferopulos

276 N.Y. 161 · New York Court of Appeals · Nov 23, 1937

(Brown v. Goodwin, 75 N. Y. 409, 414 .) If the sale was valid, the two-year period within which the taxpayer had to redeem (Charter, § 108) had not expired before the commencement of this action. … (People v. Wemple, 61 Hun, 53 .)

Lancaster v. Incorporated Village of Freeport

22 N.Y.3d 30 · New York Court of Appeals · Nov 19, 2013

For example, in Cooper v Town of E. … of the Board’s decision (see Matter of Addesso v Sharpe, 44 NY2d 925 , 926-927 [1978] [holding sanction inappropriate where body held executive session in good faith]; Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404

People v. Skinner

48 N.Y.2d 889 · New York Court of Appeals · Dec 11, 1979

intrusive than is a traditional arrest, and thus need not have been supported by probable cause as long as the police had "a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity” (Brown … v Texas, 443 US 47 ; see CPL 140.50; People v Moore, 47 NY2d 911 ; cf.

MATTER OF McKAY v. Town of W. Seneca

41 N.Y.2d 931 · New York Court of Appeals · Mar 24, 1977

Order reversed and the decision of the Workmen’s Compensation Board reinstated on the dissenting opinion by Mr. Justice A. Franklin Mahoney at the Appellate Division ( 51 AD2d 373, 377-381 ).

Matter of Mnorx, Inc.

46 N.Y.2d 985 · New York Court of Appeals · Mar 22, 1979

But the board was free to choose between these alternative factual versions (State Div. of Human Rights v Columbia Univ. in City of N. … Y., 39 NY2d 612, 616 ; Matter of Stork Rest. v Boland, 282 NY 256, 267 ) and, since the evidence reasonably supports the board’s choice, we may not interpose our judgment to reach a contrary conclusion (300 Gramatan Ave.

Claim of Chetney v. H. A. Manning Co.

273 N.Y. 82 · New York Court of Appeals · Jan 19, 1937

(Matter of Dubinsky v. Kofsky, 266 N. Y. 631 .) “ The decision of the board shall be final as to all questions of fact * * (Workmen’s Compensation Law [Cons. Laws, ch. 67], § 20.) … (Matter of Theyken v. Diplomat Products, Inc., 268 N. Y. 658 ; Matter of Kowalek v. New York Consolidated R. R. Co., 229 N. Y. 489 .)

Old Farm Road, Inc. v. Town of New Castle

26 N.Y.2d 462 · New York Court of Appeals · May 14, 1970

to the board. … . * E.g., Scarsdale Supply Co. v. Village of Scarsdale (8 N Y 2d 325); Levitt v. Incorporated Vil. of Sands Point (6 N Y 2d 269); Vernon Park Realty v. City of Mount Vernon ( 307 N. Y. 493 ); Dowsey v.

In re Andy E.

81 N.Y.2d 948 · New York Court of Appeals · Apr 8, 1993

The officer pulled the object out of respondent’s hand, discovered that it was a brown paper bag, and opened it "to see what it was.” … There is no theory under which this evidence could have given the officer probable cause to search respondent’s bag (see, People v McNatt, 65 NY2d 1046 , 1048).

Matter of Neglia v. . Zimmerman

237 N.Y. 131 · New York Court of Appeals · Nov 27, 1923

Y. v. Law ( 237 N. Y. 142 ) was a determination of the state tax commission annulled by the Appellate Division. … board.