Case law

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  • Deutsche Bank National Trust Co. v. Brown

    133 A.D.3d 563 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 2015

    In an action to foreclose a mortgage, the defendant Lisa Brown appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated October 10, 2013, which denied her motion, inter alia, to vacate a judgment of foreclosure … (see Pacific Lime v Lowenberg Corp., 77 AD2d 737, 738-739 [1980]).

    Cited 3 timesPublished
  • Cherney v. Board of Education

    31 A.D.2d 764 · Appellate Division of the Supreme Court of the State of New York · Jan 27, 1969

    Village of Hempstead, 20 A D 2d 663; Cianci v. Board of Educ., 18 A D 2d 930; Scaduto v. Brentwood School Dist., 19 A D 2d 861; Sandak v. Tuxedo Union School Dist. No. 3, 308 N. Y. 226 ; Friedman v. … Board of Educ., 262 N. Y. 364 ; Kosiba v. City of Syracuse, 287 N. Y. 283 ).

    Cited 6 timesPublished
  • Weiner v. Board of Assessors

    69 A.D.3d 949 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 2010

    Assessor of City of Rye, 268 AD2d 482, 483 [2000] [citations omitted], emoting Allegheny Pittsburgh Coal Co. v Commission of Webster Cty., 488 US 336, 345 [1989]; see Nash v Assessor of Town of Southampton, 168 AD2d 102 [ … Assessor of City of Rye, 268 AD2d 482 [2000]; Matter of DeLeonardis v Assessor of City of Mount Vernon, 226 AD2d at 532 ; Matter of Krugman v Board of Assessors of Vil. of Atl.

    Cited 6 timesPublished
  • Braun v. Board of Education

    248 A.D. 586 · Appellate Division of the Supreme Court of the State of New York · May 15, 1936

    Cited 3 timesPublished
  • Singer v. Board of Education

    97 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1983

    May, 66 AD2d 918 ; *508 Matter of Kolasz v Levitt, 63 AD2d 777 ; cf. … Kaehler v Phoenix Ins. Co., 38 AD2d 683 ).

    Cited 9 timesPublished
  • Board of Education v. Hueber

    90 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1982

    We agree with the trial court that plaintiff failed to make out a prima facie cause of action on that ground either in tort or contract (see American Union Transp. v McMullen Assoc., 52 AD2d 827 ; Carrv Lipshie, 8 AD2d 330 … Fresh Grown Preserve Corp., 292 NY 241, 245 ; Wearever Upholstery & Furniture Corp. v Home Ins.

    Cited 4 timesPublished
  • People v. Brown

    64 A.D.2d 956 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1978

    (See People v Ray, 62 AD2d 772 .) No opinion. Concur—Kupferman, J. P., Evans, Fein, Lynch and Sandler, JJ.

    Cited 0 timesPublished
  • Frank v. Board of Regents

    24 A.D.2d 909 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 1965

    Proceeding under article 78 of the CPLR to review a determination of the Board of Regents and the order of the Commissioner of Education entered thereon which suspended for one year petitioner’s license to practice medicine

    Cited 2 timesPublished
  • Rosenthal v. Board of Trustees

    252 A.D.2d 388 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1998

    The respondent Board of Trustees found that petitioner had not sustained an “accident” and retired him on ordinary disability. … (Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010, 1012 .)

    Cited 6 timesPublished
  • Matter of Wehr v. Brown

    2019 NY Slip Op 1081 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2019

    Matter of Wehr v Brown ( 2019 NY Slip Op 01081 ) Matter of Wehr v Brown 2019 NY Slip Op 01081 Decided on February 13, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to … Members, LLC v Board of Trustees of Inc. Vil. of Garden City , 62 AD3d 1004, 1007 ).

    Cited 0 timesPublished
  • Novak's Tropical Aviary, Inc. v. Brown

    62 A.D.2d 984 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1978

    In a proceeding pursuant to CPLR article 78, inter alia, (1) to review determinations of the respondent Board of Trustees of the Village of New Hyde Park and of the village’s Building and Plumbing Inspector, denying petitioner … The board based its determination on a finding that the proposed use would violate the village’s Local Law No. 1 of 1974, article 6 of which, entitled "Fowl, Pets, Wild and Ferocious Animals Prohibited”, provides, in part

    Cited 1 timesPublished
  • Chanecka v. Board of Education

    243 A.D.2d 1011 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1997

    A failure to present it within 90 days is a fatal defect mandating dismissal (Education Law § 3813 [1]; see, Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 547-548 ). … Accrual occurs when damages have matured and become certain and ascertainable (Matter of Bader v Board of Educ., 216 AD2d 708 ).

    Cited 8 timesPublished
  • Brown v. Motor Vehicle Accident Indemnification Corp.

    33 A.D.2d 804 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 1969

    Cited 8 timesPublished
  • Watts v. Board of Education

    9 A.D. 143 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

    .: This action is to enforce a mechanics’ lien and the appeal of the defendant, the Board of Education, raises only questions of fact. … (Porter v. Smith, 107. N. Y. 531; Barrett v. Kling, 16 N. Y. Supp. 92 .) The plaintiff contracted with the appealing defendant for the construction of a school house. The contract provided for five payments.

    Cited 5 timesPublished
  • Orloff Towers, Inc. v. Vermilya-Brown Co.

    50 A.D.2d 740 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1975

    A motion to dismiss for failure to serve a complaint within 20 days after demand is addressed, under CPLR 3012 (subd [b]), to the discretion of the court (Lavigne v Allen, 36 AD2d 981 ). … reason for the delay either because they had been told by the plaintiff or because a similar procedure had been used in other cases in which they were involved, failure to dismiss was not an abuse of discretion (McDonald v

    Cited 5 timesPublished
  • Sullivan v. Board of Education

    131 A.D.2d 836 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1987

    , Toker v Pollak, supra; Wiener v Weintraub, 22 NY2d 330 ). … J., Brown, Rubin and Kunzeman, JJ., concur.

    Cited 15 timesPublished
  • Brown v. Actors' Fund of America

    190 A.D. 908 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1919

    Cited 1 timesPublished
  • Salvatore v. Board of Education

    89 A.D.3d 1078 · Appellate Division of the Supreme Court of the State of New York · Nov 29, 2011

    Evans, 94 NY2d 499, 502 [2000]; Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 349-350 [1999]; People v Manino, 306 AD2d 541, 542 [2003]). … Goldman, Sachs & Co., 5 NY3d 11, 19 [2005]; Leon v Martinez, 84 NY2d 83, 87 [1994]; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122 , 125 [2009], affd 16 NY3d 775 [2011]; Breytman v Olinville Realty

    Cited 2 timesPublished
  • Brown v. Midrox Insurance

    108 A.D.3d 921 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 2013

    ], lv denied 8 NY3d 803 [2007], appeal dismissed 8 NY3d 978 [2007]; Hilaire v Dennison, 24 AD3d 1152, 1152 *923 [2005]; Strong v Bi-Lo Wholesalers, 265 AD2d at 745 ). … Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 103 [1984]; see Rich v Lefkovits, 56 NY2d 276, 283 [1982]).

    Cited 0 timesPublished
  • Greenberg v. Board of Managers

    294 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · May 20, 2002

    The Supreme Court properly granted the plaintiffs’ request for a permanent injunction, since the condominium’s governing board acted outside the scope of its authority in prohibiting them from erecting a Succah on the balcony … of their condominium unit (see Matter of Levandusky v One Fifth Ave.

    Cited 3 timesPublished

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