Case law

Flores v. Jeffrey M. Brown Construction Associates

28 A.D.3d 711 · Appellate Division of the Supreme Court of the State of New York · Apr 25, 2006

the hole by means of a wooden plank (see Wilson v Time Warner Cable, 6 AD3d 801 [2004] ; Pagano v Rite-Aid Corp., 266 AD2d 854 [1999]). … Co., 89 NY2d 786, 794 [1997]; Bopp v A.M. Rizzo Elec.

Jones v. Board of Education

292 A.D.2d 500 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 2002

The Supreme Court providently exercised its discretion in *501 denying the motion of the New York City School Construction Authority (hereinafter NYCSCA) to dismiss the third-party complaint (see, Villatoro v Talt, 269 AD2d … 390 ; Annanquartey v Passeser, 260 AD2d 517 ; Guilford v Netter, 179 AD2d 801 ; Pescatore v American Export Lines, 131 AD2d 739 ).

Clarke v. Board of Trustees

46 A.D.3d 559 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 2007

352; Matter of Meyer v Board of Trustees of N.Y. … NY2d at 756 ; Matter of Vastola v Board of Trustees of N.Y.

Henderson v. Zoning Board of Appeals

72 A.D.3d 684 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 2010

Board of Educ. … Blvd., LLC v Board of Zoning Appeals of Town of N. Hempstead, 63 AD3d 1071, 1072 [2009]; Matter of Conti v Zoning Bd. of Appeals of Vil. of Ardsley, 53 AD3d 545, 547 [2008]).

Puello v. Board of Elections

21 A.D.3d 320 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 2005

Board of Education v. New York State Public Employment Relations Board

233 A.D.2d 602 · Appellate Division of the Supreme Court of the State of New York · Nov 7, 1996

Ceresia, Jr., J.), entered April 3, 1996 in Albany County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Public Employment Relations Board … In 1993, OTASN ceased to be a bargaining agent for its members and the Endicott Teachers’ Association (hereinafter the Association) petitioned respondent Public Employment Relations Board (hereinafter PERB) for certification

Brown v. AP & ASBP Holding Co.

22 A.D.3d 416 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 2005

The motion was properly denied on the ground that plaintiffs’ attorney failed to offer a reasonable excuse for his failure to appear at three consecutive compliance conferences (see Campos v New York City Health & Hosps.

Ferran v. Board of Education

217 A.D.2d 822 · Appellate Division of the Supreme Court of the State of New York · Jul 20, 1995

In these circumstances, the court cannot be faulted for having granted defendant’s motion to dismiss the complaint (see, CPLR 3216 [d]; Holley v Mandate Realty Corp., 121 AD2d 202, 206 , affd 69 NY2d 721 ; cf., Headley v … of a new action within the applicable Statute of Limitations (see, CPLR 3216 [a]; Holley v Mandate *823 Realty Corp., supra, at 204), if the same has not yet expired (see, CPLR 208; McGill v Board of Educ., 59 AD2d 888,

Morawski v. Board of Education

85 A.D.2d 850 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1981

A claim accrues when it matures, that is, when damages become ascertainable (Matter of Board of Educ. [Wager Constr. Corp.], 37 NY2d 283, 290 ).

James v. Board of Elections

21 A.D.3d 507 · Appellate Division of the Supreme Court of the State of New York · Aug 17, 2005

McFerran v. Board of Education

130 A.D.2d 886 · Appellate Division of the Supreme Court of the State of New York · May 21, 1987

The many and varied attempts of petitioner to challenge his suspension from a tenured teaching position with respondent in 1975 are set forth in his prior appeal to this court (Matter of McFerran v Board of Educ., 58 AD2d … Russell Sage Coll., 54 NY2d 185 ; O’Brien v City of Syracuse, 54 NY2d 353 ; Hyman v Hillelson, 79 AD2d 725 , affd 55 NY2d 624 ).

Massari v. Board of Trustees

213 A.D.2d 648 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 1995

"It is well settled that when there is a tie vote of the Board of Trustees of the New York City Fire Department in determining whether accident disability retirement is appropriate (see, Matter of City of New York v Schoeck … ’ (Matter of Causarano v Board of Trustees, 178 AD2d 474 ; see, Matter of Canfora v Board of Trustees, 60 NY2d 347 )” (Matter of Flynn v Board of Trustees, 201 AD2d 730 ).

Amaya v. Board of Education

43 A.D.3d 837 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 2007

Shaul v. Board of Education

108 A.D. 19 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1905

(See Steinson v. Board of Education, 49 App. Div. 143, 146 , and authority there cited.) Mr. … law, holding the .defendant liable for the amount claimed, with interest, and from the judgment entered upon this decision the defendant appeals to this court, and attempts to distinguish the case from that of Steinson v.

Oakwood Co. v. Planning Board

89 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Jul 19, 1982

(See Matter ofOzols v Henley, 81 AD2d 670 ; Holmes v Planning Bd. of Town of New Castle, 78 AD2d 1,13.) … Corp. v Planning Bd. of Town of Huntington, supra.) The planning board has not appealed from that direction.

Johnson v. Board of Education

155 A.D.2d 896 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1989

Director of Creedmoor Psychiatric Center, 41 NY2d 1023 , 1024; Matter of Piekielniak v Axelrod, 92 AD2d 968, 969 , lv denied 59 NY2d 603 ; see also, Matter of Young v Board of Educ.,. 35 NY2d 31, 34 ; Matter of Currier v … , 96 AD2d 642 ; Bouton v New York State Dept. of Civ.

Robert v. Board of Supervisors

3 A.D. 366 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

(Astor v. Mayor, 62 N. Y. 580 .) In the case of Van Brwit v. … All concurred in the result, except Brown, P. J., not sitting.

Guggenheimer v. Beaver Board Companies

229 A.D. 717 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1930

Meyers v. Board of Education

260 A.D.2d 557 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1999

The defendants established that at the time of the alleged assault the infant was not under their custody and control (see, Chainani v Board of Educ., 87 NY2d 370, 378-379 ). … of New York, 73 NY2d 930 ; Vitale v City of New York, 60 NY2d 861, 863 ; Glick v City of New York, 53 AD2d 528 ).

Kirby v. Brown, Wheelock: Harris, Vought & Co.

229 A.D. 155 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1930

Roosevelt, chairman of the trustees, wrote a letter to Charles Brown, Jr., to whom he had previously talked about the likelihood of selling to Kirby. … A witness, who was president of the Real Estate Board of New York, testified that the plottage value in January, 1926, was $240,000, notwithstanding a lease on the top floor of plaintiff’s building which ran to October 1,