Case law

Board of Managers of Ocean Club v. Mandel

235 A.D.2d 382 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1997

of the entire project (see, State of New York v Lundin, 60 NY2d 987 ; Sears, Roebuck & Co. v Enco Assocs., supra). … Finally, although the "continuous treatment” doctrine may apply to architects in a proper case (see, Hauppauge Union Free School Dist. v Smith Assocs., supra; Board of Mgrs. v Vector Yardarm Corp., 172 AD2d 303 ; Greater

Brignoni v. New York State Labor Relations Board

65 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1978

We do not pass on the question of plaintiff’s standing or the judicial reviewability of the board’s action. … (See CPLR 5701, subd [b], par 1; subd [c]; see, also, Matter of Mid-Island Hosp. v Wyman, 15 NY2d 374 .) Concur—Birns, J. P., Silverman, Evans, Fein and Lane, JJ.

Reddy v. State Board for Professional Medical Conduct

259 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 1999

Moreover, petitioner has failed to demonstrate that the delay caused him actual prejudice (see, Matter of Lawrence v DeBuono, 251 AD2d 700, 701 ; Matter of *849 Monti v Chassin, 237 AD2d 738, 740 ; Matter of Hubsher v De … DeBuono, 255 AD2d 710 ; *850 Matter of Brown v New York State Dept. of Health, 235 AD2d 957, 958 , lv denied 89 NY2d 814 ; Matter of Sung Ho Kim v Board of Regents, 172 AD2d 880, 881 , lv denied 78 NY2d 856 ).

Retail Property Trust v. Board of Assessors

17 A.D.3d 471 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 2005

Board of Assessors of Town of Babylon, 88 NY2d 724, 729 [1996]). … Susquehanna Dev. v Assessor of City of Binghamton, 185 Misc 2d 267 [2000]).

M. D. Lundin Co. v. Board of Education

68 A.D.2d 881 · Appellate Division of the Supreme Court of the State of New York · Mar 5, 1979

The applicable rule has been stated thusly (Peckham Road Co. v State of New. … Matter of Glazer v Hankin, 50 AD2d 924 .) Damiani, J. P., Gulotta, Hargett and Hangano, JJ., concur.

Board of Education v. Ryewood Farms, Ltd.

144 A.D.2d 413 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1988

Hence, the parties are precluded from introducing parol evidence to contradict or modify the agreement (see, Chimart Assocs. v Paul, 66 NY2d 570 ; Fogelson v Rackfay Constr. … P., Bracken, Brown and Sullivan, JJ., concur.

Willard v. Town Board

216 A.D.2d 862 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1995

Same Memorandum as in Matter of Willard v Town Bd. *863 of Town of Hamburg ( 216 AD2d 861 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Flaherty, J.—Renewal.) Present—Denman, P.

Keane v. New York State Board of Elections

122 A.D.2d 966 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1986

A multicandidate designating petition was filed with respondent New York State «Board of Elections naming Jack F. … In the instant case, unlike Pecoraro and Matter of Rubinstein v Board of Elections ( 122 AD2d 974 ), the cover sheet states: "The within petition consists of 1 volumes containing in the aggregate 114 pages and 569 signatures

Anderson v. Oswego County Board of Elections

113 A.D.2d 1019 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 1985

Save the Pine Bush, Inc. v. Planning Board

96 A.D.2d 986 · Appellate Division of the Supreme Court of the State of New York · Aug 4, 1983

Civic Council v Town of Oyster Bay, 88 AD2d 484, 493 ). … ” (Matter of Friends of Pine Bush v Planning Bd., supra, p 250; emphasis added).

People ex rel. Horvay v. Board of Education

164 A.D. 930 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1914

People ex rel. Caldwell v. Board of Supervisors

45 A.D. 42 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1899

Cochran v. Board of Town Auditors, 74 Hun, 83 ; People ex rel. McMillen v. Vanderpoel, 35 App. Div. 73 .) … Sutliff v.

Makhnevich v. Board of Mgrs. of 2900 Ocean Condominium

2023 NY Slip Op 03548 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 2023

Makhnevich v Board of Mgrs. of 2900 Ocean Condominium ( 2023 NY Slip Op 03548 ) Makhnevich v Board of Mgrs. of 2900 Ocean Condominium 2023 NY Slip Op 03548 Decided on June 29, 2023 Appellate Division, First Department Published … Index No. 654508/19 Appeal No. 573-574-575-576 Case No. 2022-03169, 2021-02859, 2022-02070 [*1]Stacy Makhnevich, Plaintiff-Appellant, v The Board of Managers of 2900 Ocean Condominium et al., Defendants-Respondents.

Gottlieb v. Board of Appeals of Rye

139 A.D.2d 617 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1988

Fuhst v Foley, supra; Matter of Pacheco v De Salvo, supra). … In so doing, we find that the Board exceeded the authority granted to it by Rye City *619 Code § 197-81 (see, Matter of De Sena v Board of Zoning Appeals, 45 NY2d 105, 109 ).

Common Council of Middletown v. Town Board

40 A.D.2d 543 · Appellate Division of the Supreme Court of the State of New York · Jul 13, 1972

In such a case, the statutory special election would be a useless gesture and consequently it can be dispensed with (see Matter of Common Council of City of Middletown v.

La Grand Douglas v. Board of Education

21 A.D. 209 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1897

The plaintiff’s counsel calls our attention to .the opinion of Mr, Justice Cullen in the Unreported case of Condon v. … The Board of Education, decided in 1891; but that was a proceeding to reinstate the relator, and .the judgment of the court has no application to the' case at bar. • . . . . The judgment is affirmed. .

Nicola v. Board of Assessors of North Elba

46 A.D.3d 1161 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2007

Board of Assessors, Town *1163 of Hurley, 257 AD2d 958, 960 [1999], lv denied 93 NY2d 813 [1999]). … Thus, respondent “[was] not required to move to dismiss prior to the expiration of the time in which to answer” (Matter of Abramov v Board of Assessors, Town of Hurley, 257 AD2d at 960 ).

Jay v. Board of Regents of the University

50 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1975

Matter of Di Donna v Board of Regents of Univ. of State of N. Y, 3 AD2d 797). … Board of Educ. of Union Free School Dist.

Benjamin Kurzban & Son, Inc. v. Board of Education

129 A.D.2d 756 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1987

By letter dated November 14, 1986, the defendant notified the plaintiff that the defendant’s Board of Review was scheduled to hold a default hearing with reference to the plaintiff’s failure to perform under the contract. … & Sheet Metal Co. v Facilities Dev.

Perreten v. Westchester County Board of Health

146 A.D.2d 779 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1989

v Zoning Bd. of Appeals, 83 AD2d 673 , appeal dismissed 55 NY2d 826 ; Matter of Harlem Riv. … Consumers’ Coop. v State Tax Commn., 44 AD2d 738 , affd 37 NY2d 877 ; Matter of Evans v Gardner, 71 Misc 2d 283 ; see also, 1 Weinstein-Korn-Miller, NY Civ Prac ¶ 312.02). Mollen, P.