Case law

Traitel Marble Co. v. Brown Bros.

144 N.Y.S. 1148 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1913

Brown v. Long Beach Lumber Co.

228 A.D. 790 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 1930

Co. v. Hammerstein Opera Co., 184 App. Div. 440 ) Present — Young, Kapper, Hagarty, Scudder and Tompkins, JJ.

Turcot v. Board of Regents

286 A.D. 928 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1955

Construction Management Corp. v. Brown & Root, Inc.

25 A.D.2d 843 · Appellate Division of the Supreme Court of the State of New York · May 19, 1966

Continental Energy Associates v. ASEA Brown Boveri, Inc.

192 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1993

Although there is a "commonality of context” out of which the two sets of claims arose (County of Sullivan v Edward L. … Co.], 16 AD2d 895, 896 ; Matter of Intercontinental Packaging Co. v China Natl. Cereals, Oils & Foodstuffs Import & Export Corp., 159 AD2d 190, 195 ). Concur — Milonas, J. P., Rosenberger, Ross and Kassal, JJ.

Rosbar Co. v. Board of Appeals

77 A.D.2d 568 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1980

Pursuant to a prior judgment of this court (Matter of Rosbar Co. v Board of Appeals of City of Long Beach, 67 AD2d 709 ), a rehearing in this matter has been conducted at which the parties have adduced evidence as to the … Yacht & Cabana Club, 38 AD2d 604 ; Incorporated Vil. of Williston Park v 280 Hillside Ave.

Public Education Ass'n v. Board of Examiners of the Board of Education

93 A.D.2d 838 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 1983

Brown v. United States Daily Publishing Corp.

239 A.D. 777 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1933

Corbett v. Zoning Board of Appeals

283 A.D. 282 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1954

(See Matter of Calcagno v. *285 Town Bd. of Webster, 265 App. Div. 687 , affd. 291 N. Y. 701 , and Matter of Holy Sepulchre Cemetery v. Board of Appeals, Greece, 271 App. Div. 33 .) … Board of Appeals, Greece, 271 App. Div. 33 ; Matter of Ernst v. Board of Appeals on Zoning of City of New Rochelle, 274 App. Div. 809 , affd. 298 N. Y. 831 , and Matter of Rotitzek Investing Co. v. Murdock, 296 N.

Rossi v. Town Board of Ballston

49 A.D.3d 1138 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2008

Matter of Baumgarten v Town Bd. of Town of Northampton, 35 AD3d 1081 [2006]; Matter of Boyles v Town Bd. of Town of Bethlehem, 278 AD2d 688, 690 [2000]; Matter of Save Our Forest Action Coalition v City of Kingston, 246 AD2d … Co. v City of New York, 39 NY2d 587, 596 [1976]; see Interlaken Homeowners’ Assn. v City of Saratoga Springs, 267 AD2d 842, 845 [1999]).

People ex rel. Brown v. La Vallee

13 A.D.2d 556 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1961

Bout v. Zoning Board of Appeals

71 A.D.3d 1014 · Appellate Division of the Supreme Court of the State of New York · Mar 23, 2010

Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]). … Corona Realty Holdings, LLC v Town of N.

Kay v. Board of Higher Education

260 A.D. 912 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1940

Brown v. Central Union Trust Co.

215 A.D. 732 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1925

January 1, 1924, to October 24, 1924, is reversed and matter remitted for failure to make findings and to furnish proof of the wage-earning capacity of claimant during the period cf the award, and upon the authority of Mead v.

Iwan v. Zoning Board of Appeals

252 A.D.2d 913 · Appellate Division of the Supreme Court of the State of New York · Jul 30, 1998

Corp. v Klein, 58 AD2d 751 , appeal dismissed 42 NY2d 1012 ; 2 Anderson, New York Zoning Law and Practice § 25.31, at 354 [3d ed]; cf., Matter of Filangeri v Pulichene, 229 AD2d 702 ). … We are reminded that “public policy is to restrict nonconforming uses in order to eliminate them” (Verstandig’s Florist v Board of Appeals, 229 AD2d 851, 852 ).

Brown v. City of New York

80 N.Y.S. 1131 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1903

Pilato v. Zoning Board of Appeals

155 A.D.2d 864 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1989

Home Constr. v Van Wagner, 41 NY2d 1028 ; Matter of Gernatt Gravel Prods. v Town of Collins, 105 AD2d 1057, 1059 ). … Co., v Lillis, 124 AD2d 996, 997 ; see also, Neddermeyer v Town of Ontario Planning Bd., 155 AD2d 908 [decided herewith]; Matter of North Shore Steak House v Board of Appeals, 30 NY2d 238, 243 ).

Miller v. Zoning Board of Appeals

276 A.D.2d 633 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2000

abuse of discretion (see, Matter of Fuhst v Foley, 45 NY2d 441, 444-445 ; Matter of Perla v Heller, 251 AD2d 419 ; Matter of Rosof v Bailin, 237 AD2d 612 ). … A zoning board’s determination “must be sustained if it has a rational basis and is supported by substantial evidence” (Matter of Toys “R” Us v Silva, 89 NY2d 411, 419 ). *634 In this case, however, the determination of the

Brown v. City of New York

117 A.D. 901 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1907

was a crowd upon the sidewalk, or that anything distracted his attention, or prevented him from seeing the obstruction, whatever it was, and under such circumstances the case seems to be controlled by the case of Whalen v. … The same principle was applied in Strutt v. Brooklyn & R. B. R. R. Co. ( 18 App. Div. 184 ) and in Dubois v. City of Kingston (102 N.

Bellomo v. Board of Assessment Review

185 A.D.2d 574 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 1992

contend that the change in their 1988 assessment was the result of a partial revaluation in violation of State statute (see, RPTL 305 [2]) and the Equal Protection Clause of the 14th Amendment (see, Allegheny Pittsburgh Coal v … Webster County, 488 US 336 ), and that the Assessor disregarded the depreciation factor tables published by the State Board of Equalization and Assessment.