Case law

Brown v. Cerberus Capital Mgt., L.P.

2019 NY Slip Op 4772 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2019

Brown v Cerberus Capital Mgt., L.P. ( 2019 NY Slip Op 04772 ) Brown v Cerberus Capital Mgt., L.P. 2019 NY Slip Op 04772 Decided on June 13, 2019 Appellate Division, First Department Published by New York State Law Reporting … Moreover, Brown's delay in acting to repudiate the agreement was far less than the delay in Allen v Riese Org., Inc. ( 106 AD3d 514 , 517-518 [1st Dept 2013]).

Save Open Space v. Planning Board

74 A.D.3d 1350 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2010

Board of the Town of Newburgh (hereinafter the Planning Board). … Contrary to the petitioners’ contention, the Planning Board considered a reasonable range of feasible alternatives (see Matter of Town of Dryden v Tompkins County Bd. of Representatives, 78 NY2d 331 [1991]; Akpan v Koch,

Moriarty v. Board of Education

112 A.D. 837 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 1906

by plaintiff for defendant Sullivan in plastering a certain schoolhouse which Sullivan was under contract with the board of education to erect and build. … and scratching, or thirty-one cents for browning and fifteen for scratching, is established as the reasonable value thereof.

Eistein v. Board of Trustees

184 A.D.2d 1079 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 1992

Contrary to plaintiffs contention, the record demonstrates that plaintiff did not have a complete subdivision application before the planning board under the zoning ordinance prior to its amendment. … Koch, 72 NY2d 121, 131 ; Rodgers v Village of Tarrytown, 302 NY 115, 121 ; Pyne v Knaisch, 159 AD2d 999 ; Kravetz v Plenge, 84 AD2d 422 ; see also, Goodrich v Town of Southampton, 39 NY2d 1008 ).

Nastasuk v. Board of Trustees

289 A.D.2d 335 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 2001

Board of Trustees, 90 NY2d 139 ; Matter of Nicolosi v Board of Trustees, 198 AD2d 282 ). … In such a case, the court can annul a determination of the Board of Trustees as a matter of law if it determines that the Board’s decision was not supported by credible evidence (see, Matter of Meyer v Board of Trustees,

Perez v. Board of Education

291 A.D.2d 269 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 2002

The action was properly dismissed for plaintiff’s failure to rebut defendant school board’s prima facie showing that no accidents like this had ever happened before (see, Ohman v Board of Educ., 300 NY 306, 310 ). … City of New York, 84 NY2d 44, 49 ; cf., e.g., Malik v Greater Johnstown Enlarged School Dist., 248 AD2d 774 ; Ascher v Scarsdale School Dist., 267 AD2d 339 ).

Sima v. Board of Standards & Appeals

278 A.D. 785 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1951

(Matter of Douglaston Civic Assn. v. Board of Standards & Appeals of City of New York, 278 App. Div. 659 .) Nolan, P. … (Matter of Young Women’s Hebrew Assn. v. Board of Standards & Appeals of City of New York, 266 N. Y. 270, 277 .)

Mercado v. Board of Education

168 A.D.2d 611 · Appellate Division of the Supreme Court of the State of New York · Dec 24, 1990

"[I]t has long been held that a Board of Education is not an insurer of the safety of its students” (Totan v Board of Educ., 133 AD2d 366, 369 ; see, Hauser v North Rockland Cent. School Dist No. 1, 166 AD2d 553 ). … Brown, J. P., Lawrence, Kooper and Rosenblatt, JJ., concur.

Vargas v. Board of Elections

253 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · Aug 19, 1998

Furthermore, as found by the Board of Elections, there is an insufficient number of signatures necessary to qualify. Application for poor person relief granted. Concur— Rosenberger, J. P., Rubin, Tom and Saxe, JJ.

Herendeen v. Board of Education

73 A.D.2d 817 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1979

Where, as here, the time requirements of section 3813 are not raised before the trial court, they are waived (Flanagan v Board of Educ., 47 NY2d 613, 617 ; Matter of Schlosser v Board of Educ., 47 NY2d 811 ). … , mot for lv to app den 44 NY2d 647 ; Matter of Abdallah v Board of Educ., 61 AD2d 1096 , mot for lv to app den 45 NY2d 710 ).

Grassel v. Board of Education

301 A.D.2d 498 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2003

York (hereinafter the Board). … Since the plaintiff failed to establish that former Board Chancellor Rudolph Crew was involved in the plaintiff’s suspension, the plaintiff’s 42 USC § 1983 claim against Crew was properly dismissed (see Al-Jundi v Estate

Weimer v. Board of Education

76 A.D.2d 1046 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1980

(Ricca v Board of Educ., 47 NY 385, 391 .) Just as under the provisions of the Civil Service Law, a municipality may not abolish a position by subterfuge (Switzer v Sanitary Dist. … Matter of Abramovich v Board of Educ., 46 NY2d 450, 454 ; Education Law, § 2510).

Petrazzolo v. Board of Examiners of the Board of Education

4 A.D.2d 855 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1957

City of Rome v. Board of Assessors

147 A.D.3d 1410 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2017

Same memorandum as in Matter of City of Rome v Board of Assessors and/or Assessor of Town of Lewis ([appeal No. 2] 147 AD3d 1410 [2017]). Present — Smith, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.

Beltz v. Board of Elections

83 A.D.2d 826 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 1981

In the absence of fraud, deception or confusion, such a construction should be avoided (Pilat v Sachs, 59 AD2d 515 , affd 42 NY2d 984 ; see Matter of Carusone v Varney, 277 App Div 326 , affd sub nom. … Barber v Varney, 301 NY 669 ; Matter of Cook v Zelazny, 49 AD2d 1036 ; Williams v Sclafani, 444 F Supp 906 , affd sub nom. Williams v Velez, 580 F2d 1046).

Fields v. Board of Higher Education

94 A.D.2d 202 · Appellate Division of the Supreme Court of the State of New York · Jun 16, 1983

(Pauk v Board of Trustees of City Univ. of N. … (See, e.g., Pauk v Board of Trustees of City Univ. of N.

Rubenstein v. Board of Regents

264 A.D. 745 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1942

on the authority of Matter of Cherry v. … Board of Regents, etc. (ante, p. 23), decided herewith. Hill, P. J., Crapser, Bliss, Heffeman and Schenck, JJ., concur.

St. Pierre v. Board of Education

40 A.D.2d 71 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1972

Board of Educ. of City School Dist. of City of New Rochelle ( 62 Misc 2d 274, 275-276 , affd. 36 A D 2d 615) and Matter of Lawson v. Board of Educ. Vestal Cent. School Dist. … No. 1 ( 62 Misc 2d 281 , affd. 35 A D 2d 878, mot. for lv. to app. den. 28 N Y 2d 485, app. dsmd. 28 N Y 2d 993), and Fuentes v. Shevin ( 407 U. S. 67 ), Goldberg v. Kelly ( 397 U. S. 254 ) and Sniadach v.

BROWN, CRAIG D., PEOPLE v

Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CRAIG D. BROWN, DEFENDANT-APPELLANT. TIMOTHY P. … Cavines, 70 NY2d 882, 883; People v Velez, 278 AD2d 53, 53, lv denied 96 NY2d 808; People v Francis, 126 AD2d 740, 740).

Duboff v. Board of Higher Education

34 A.D.2d 824 · Appellate Division of the Supreme Court of the State of New York · May 25, 1970

If there is doubt as to the availability of a defense, it should not be dismissed (Krantz v. Garmise, 13 A D 2d 426). … Articolor Graphic Co. v. After Hours Books, 32 A D 2d 548). For the present, we simply hold that the issue should not have been summarily decided (cf. Tambascio v. Gioffre, 27 A D 2d 940). Rabin, Acting P.