Case law

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  • Palmer v. Board of Education

    276 N.Y. 222 · New York Court of Appeals · Nov 23, 1937

    (Matter of Carow v. Board of Education, 272 N. Y. 341, 344 .) … Indeed, in Lorenz v. Board of Education ( 264 N.

    Cited 54 timesPublished
  • Ortelere v. Teachers' Retirement Board

    25 N.Y.2d 196 · New York Court of Appeals · Jul 2, 1969

    In Faber v. Sweet Style Mfg. Corp. ( 40 Misc 2d 212 ) Mr. … Y. 580 ; Schwartsberg v. Teachers’ Retirement Bd., 273 App. Div. 240 , affd. 298 N. Y. 741 ; Martin v. Teachers’ Retirement Bd., 70 N. Y. S. 2d 593).

    Cited 74 timesPublished
  • Adamo v. Brown & Williamson Tobacco Corp.

    11 N.Y.3d 870 · New York Court of Appeals · Dec 16, 2008

    Cited 0 timesPublished
  • Bush v. . Board of Supervisors

    159 N.Y. 212 · New York Court of Appeals · Jun 6, 1899

    (Taber v. Supervisors of Erie Co., 131 N. T. 432 ; PerJcins v. Inhabitants of Milford, 59 Maine, 315 ; Moulton v. Inhabitants of Raymond, 60 Maine, 121 ; Freeland v. Hastings, 92 Mass. 570 ; Mead v. … Inhabitants of Acton, 139 Mass. 341 ; Kelly v. Marshall, 69 Penn. St. 319 ; Ferguson v. Landram, 1 Bush [Ky.], 548.)

    Cited 34 timesPublished
  • Board of Supervisors v. . Deyoe

    77 N.Y. 219 · New York Court of Appeals · May 20, 1879

    The prevention of a multiplicity of suits-as said-, by Chancellor Kent, in Brinkerhof v. Brown, (6 J. … (Badeau v. Rogers, 2 Paige, 209 ; Bedell v. Hoffman, id., 199, 2 Daniels’ Chy., 1562.) The case presents the elements which justify the interposition of a court of equity.

    Cited 32 timesPublished
  • Clark v. Board of Education

    304 N.Y. 488 · New York Court of Appeals · Nov 25, 1952

    final conclusion that the case should not have been submitted to the jury on the first ground, it erred in dismissing the complaint, since there was evidence to support the verdict *490 on the second ground (see Gardner v. … Inasmuch as we cannot know on which ground the jury arrived at its verdict, there must be a new trial (Phillipson v. Ninno, 233 N. Y. 223, 225-226 ; Elenkrieg v. Siebrecht, 238 N. Y. 254, 263 ).

    Cited 17 timesPublished
  • Board of Education v. Barni

    49 N.Y.2d 311 · New York Court of Appeals · Feb 12, 1980

    Wyandanch Teachers Assn., 48 NY2d 669 ; Matter of Board of Educ. v Roosevelt Teachers Assn., 47 NY2d 748 ). … with the powers, duties and responsibilities of the Board or the Superintendent of Schools under the Board’s rules or regulations, applicable law, and rules and regulations having the force and effect of law.” .

    Disagreed with by New York City Department of Sanitation v. MacDonald, 87 N.Y.2d 650 (1996)Cited 73 timesPublished
  • Board of Supervisors v. . Otis

    62 N.Y. 88 · New York Court of Appeals · May 25, 1875

    Watts v. … Johnson, in Board of Supervisors of Livingston County v. Norton, cited by the counsel for the respondents.

    Cited 47 timesPublished
  • Irwin v. Board of Regents

    27 N.Y.2d 292 · New York Court of Appeals · Dec 10, 1970

    (See Carlisle v. Bennett, 268 N. Y. 212 .) … (People v. Cull, 10 N Y 2d 123.)

    Cited 26 timesPublished
  • Gimprich v. Board of Education

    306 N.Y. 401 · New York Court of Appeals · Mar 12, 1954

    Y. 598 ; Matter of Small v. Moss, 277 N. Y. 501, 507 ). Strum v. Board of Educ. of City of N. Y. ( 301 N. Y. 803 ) and Kramer v. Board of Educ. of City of N. Y. ( 275 App. … Hammond v. Leonard, 74 N. Y. 443, 445 ; People ex rel. Peixotto v. Board of Educ. of City of N. Y., 212 N. Y. 463 ; Matter of Holm v. Board of Educ. of City of Rochester, 141 Misc. 194, 198 , affd. 234 App.

    Cited 67 timesPublished
  • Cellular Telephone Co. v. Rosenberg

    82 N.Y.2d 364 · New York Court of Appeals · Nov 18, 1993

    During the hearings, the Chairman of the Zoning Board questioned the authority of the Board to grant the variance, in light of this Court’s holding in Matter of Otto v Steinhilber ( 282 NY 71 ). … In Matter of Otto v Steinhilber, the Court articulated the factors that a zoning board must consider before finding unnecessary hardship warranting the grant of a use variance.

    Cited 51 timesPublished
  • Board of Education v. Areman

    41 N.Y.2d 527 · New York Court of Appeals · Apr 5, 1977

    Moreover, as referred to in Matter of Anderson v Board of Educ. ( 38 NY2d 897 ), section 3031 may lead to a *533 situation where a superintendent is called upon to justify and defend his decisions before the board. … Komyathy v Board of Educ., 75 Misc 2d 859, 868-869 ).

    Cited 72 timesPublished
  • Town Board v. Sterngass

    100 N.Y.2d 569 · New York Court of Appeals · Jul 1, 2003

    Cited 0 timesPublished
  • Venes v. Community School Board

    43 N.Y.2d 520 · New York Court of Appeals · Feb 14, 1978

    Monaghan, 306 NY 312, 323-324 ; Matter of Sullivan v Board of Educ., 264 App Div 207 , affd without opn 289 NY 672 ; Matter of Siegel v Mangan, 258 App Div 448 , affd without opn 283 NY 557 ; see, also,- Matter of Irish Int … Such an employee has no property rights in his position, and may be dismissed for almost any reason, or for no reason at all (James v Board of Educ., 37 NY2d 891, 892 ; Matter of Bergstein v Board of Educ., 34 NY2d 318 ).

    Cited 75 timesPublished
  • Lawes v. Board of Education

    16 N.Y.2d 302 · New York Court of Appeals · Dec 30, 1965

    A school is not liable for every thoughtless or careless act by which one pupil may injure another (Hoose v. Drumm, 281 N. Y. 54 , supra; Ohman v. Board of Educ. of City of N. Y., 300 N. Y. 306 ; Wilber v. … (See, e.g., Ohman v. Board of Educ. of City of N. Y., supra, a thrown lead pencil; Wilber v. City of Binghamton, supra, a batted stone; May v. Board of Educ. Union Free School Dist. No. 1, 295 N.

    Cited 111 timesPublished
  • Board of Supervisors v. . Ellis

    59 N.Y. 620 · New York Court of Appeals · Feb 2, 1875

    It is claimed, however, that the board of supervisors in one year having audited and allowed them, the board of *Page 624 supervisors in a later year being the same body in law ( Suprs. of Chenango v. … The county had other agents through whom it acted, and it at times acted through the board as its agent. Boards of supervisors are classed as subordinate public agents. ( Hull v.

    Cited 63 timesPublished
  • Gould v. Board of Education

    81 N.Y.2d 446 · New York Court of Appeals · Jun 10, 1993

    probationary term” (Matter of Lindsey v Board of Educ., 72 AD2d 185, 186 ). … Motor Hire Corp. v New York Indem. Co., 255 NY 69, 73 ; see especially, Matter of Feinerman v Board of Coop. Educ. Servs., 48 NY2d 491, 497-498 ; Matter of Abramovich v Board of Educ., 46 NY2d 450, 455 ).

    Cited 133 timesPublished
  • Ricca v. Board of Education

    47 N.Y.2d 385 · New York Court of Appeals · Jun 12, 1979

    in the affirmative by our decision in Matter of Board of Educ. of City School Dist. of City of Oneida v Nyquist ( 45 NY2d 975 , revg on dissenting opn below 59 AD2d 76 ). … Board of Educ., 21 NY2d 455 ), although it may, of course, provide teachers with greater security than that mandated by statute, at least in the absence of any violation of public policy (see Matter of Schlosser v Board of

    Cited 59 timesPublished
  • Lichtenstein v. Board of Trustees

    57 N.Y.2d 1010 · New York Court of Appeals · Nov 11, 1982

    The order of the Appellate Division should be reversed, with costs, and the determination of respondent Board of Trustees of the Police Pension Fund of the Police Department of the City of New York should be reinstated. … New York State Employees’ Retirement System, 84 AD2d 902 , mot for lv to app den 55 NY2d 606 ; Matter of Panek v Regan, 81 AD2d 738 ).

    Cited 241 timesPublished
  • Chainani v. Board of Education

    87 N.Y.2d 370 · New York Court of Appeals · Nov 1, 1995

    Plaintiffs appeal the reversal as to the Board; Amboy and Acuti appeal the affirmance as to them. We now affirm. Bruce v Hasbrouck. … In Chainani v Board of Educ.: Order affirmed, with costs to respondent Board of Education as against appellants-respondents and respondents-appellants.

    Cited 96 timesPublished

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