Case law

Baker v. Board of Education

3 A.D.3d 678 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2004

At the time of their retirement, no contract was in place between defendant Board of Education of the Hoosick Falls *679 Central School District (hereinafter Board) and plaintiffs’ bargaining unit, defendant Hoosick Falls … Accordingly, defendants have failed to make the required showing that this action was time-barred (see Matter of Quantum Health Resources v DeBuono, 273 AD2d 730, 732 [2000], lv dismissed 95 NY2d 927 [2000]; Siegel v Wank

Claim of Brown v. Central Coal Co.

3 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1957

dies prior to the making of an award (Matter of Chrystal v. … Y. 566 ; Matter of White v. Bonner Steel Co., 259 N. Y. 574 ; Matter of Barrett v. Burnett, 262 N. Y. 670 ).

Davis v. Board of Elections

6 A.D.2d 390 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1958

Hotchkiss v. Smith ( 206 N. … (Matter of Hopper v. Britt, 203 N. Y. 144 ; Matter of Hopper v. Britt, 204 N.

Goldberg v. Crime Victims Board

234 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · Dec 9, 1996

Assn. v Town of Riverhead, supra). … had a sound basis in reason and was made with regard to the facts presented (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Matter of 4M Holding Co. v Town Bd., 185 AD2d 317 ).

Brown v. Bullock

15 A.D.2d 889 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1962

Bush v. Board of Supervisors

10 A.D. 542 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1896

(Perkins v. Milford, 59 Maine, 315; Moulton v. Raymond, 60 id. 121; Freeland v. Hastings, 92 Mass. 570 ; Mead v. Acton, 139 id. 341; Kelly v. Marshall, 69 Penn. St. 319; Ferguson V. Landram, 1 Bush [Ky.], 548.) … Thus, in Freeland v.

Brown v. Over the Top Roofing, LLC

2024 NY Slip Op 03625 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2024

Brown v Over the Top Roofing, LLC ( 2024 NY Slip Op 03625 ) Brown 2024 NY Slip Op 03625 Decided on July 3, 2024 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary … Decided on July 3, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: LINDLEY, J.P., CURRAN, OGDEN, KEANE, AND HANNAH, JJ. 361 CA 23-00713 [*1]MARC BROWN AND DEANNA BROWN,

Brady v. Board of Education

197 A.D.2d 655 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1993

The record indicates that the plaintiff had failed to plead and offer proof that the defendant, as a public entity, owed her a special duty upon which she justifiably relied to her detriment (see, Cuffy v City of New York … Accordingly, no basis for liability against the defendant was *656 established (see, Corcoran v Community School Dist. 17, 114 AD2d 835 ; Cuffy v City of New York, supra; see also, Bloom v City of New York, 123 AD2d 594 )

Cutler v. Board of Education

104 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Oct 22, 1984

In Matter of Jerry v Board of Educ. ( 35 NY2d 534 ) the Court of Appeals held that absent a grant of specific authority by the Legislature, a board of education could not legally suspend a tenured teacher without pay while … Matter of Smith v Board of Educ., 102 AD2d 655 ). Mangano, J. P., Gibbons, O’Connor and Boyers, JJ., concur.

Tomlinson v. Board of Education

112 A.D.2d 576 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1985

"[A] party may not urge grounds for appeal at the appellate level which were not first raised in the court of original instance” (Matter of Van Wormer v Leversee, 87 AD2d 942, 943 ).

Crawley v. Board of Elections

218 A.D.2d 914 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1995

Rejecting petitioner’s contention that he nonetheless maintains standing to institute this proceeding in his individual capacity (see, Matter of O’Neill v Board of Elections, 48 NY2d 673 ; Matter of Davis v Dutchess County … Board of Elections, supra; Matter of Davis v Dutchess County Bd. of Elections, supra; Matter of Powers v New York State Bd. of Elections, 122 AD2d 970 , lv dismissed 68 NY2d 806 ).

Johnson v. Board of Education

214 A.D. 740 · Appellate Division of the Supreme Court of the State of New York · May 15, 1925

Merino v. Board of Education

59 A.D.3d 248 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2009

Moschella v Archdiocese of N.Y., 48 AD2d 856 [1975]; Muniz v Warwick *249 School Dist., 293 AD2d 724 [2002]; Stryker v Jericho Union Free School Dist., 244 AD2d 330 [1997]; see generally Benitez v New York City Bd. of Educ

Palumbo v. Board of Education

60 A.D.2d 858 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 1978

In a proceeding pursuant to CPLR article 78, inter alia, to enjoin the Board of Education of the City of New York from applying the excessing or lay-off rules of the 1972 contract between the board and the United Federation … Petitioners do state a cause of action in their petition as against the board of education.

Mestel v. Board of Education

90 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1982

State of New York, 89 AD2d 870 ; Coonradt v Averill Park Cent. … School Dist., 75 AD2d 925 ; Matter of Ziecker v Town of Orchard Park, 70 AD2d 422 , affd 51 NY2d 957 ; Hubbard, v County of Suffolk, 65 AD2d 567 ).

Gladstone v. Board of Education

26 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1966

In our opinion, the definitions of elementary school contained in the Regulations of the Commissioner of Education and the by-laws of the Board of Education have been suspended during the period of experiment with the intermediate … What is here involved is a discretionary power of the board to increase the salaries of these plaintiffs.

Chainani v. Board of Education

201 A.D.2d 693 · Appellate Division of the Supreme Court of the State of New York · Feb 28, 1994

. *695 1, 21 NY2d 239, 244-245 ; Sewar v Gagliardi Bros. Serv., 69 AD2d 281 , affd 51 NY2d 752 ). … In concluding that the Board of Education was vicariously liable under the statute, the trial court relied on the decision in Van Gaasbeck v Webatuck Cent. School Dist.

Kole v. Brown

13 A.D.2d 920 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1961

Plaintiff actually contracted for all of his time and, in view of a contract of that character, no claim based on quantum meruit can be entertained (Baron v. Lowenstein & Sons, 300 N. Y. 530 ).

Karasik v. Board of Regents

130 A.D.2d 923 · Appellate Division of the Supreme Court of the State of New York · May 28, 1987

Co. v Goldin, 64 NY2d 213, 221 ). The determination of whether a specific degree program constitutes a degree in psychology requires a certain amount of expertise, expertise which this court does not possess. … Y., 49 AD2d 969 ; Matter of Tomanio v Board of Regents, 43 AD2d 643 , affd 38 NY2d 724 ).

Sear-Brown Group v. Jay Builders, Inc.

244 A.D.2d 966 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1997

., 38 Mass App Ct 545, 649 NE2d 791 ; TBG, Inc. v Bendis, 845 F Supp 1459, 1462 ; Ostalkiewicz v Guardian Alarm, 520 A2d 563 [RI]; cf., Kalisch-Jarcho, Inc. v City of New York, 58 NY2d 377 ). … Likewise, a party may not rely upon a limitation of liability clause to insulate itself from damages caused by gross negligence (see, Colnaghi, U.S.A. v Jewelers Protection Servs., 81 NY2d 821, 823 ; Sommer v Federal Signal