Case law

People v. Fenton

144 Misc. 710 · New York County Courts · Jan 27, 1932

Doscher v. Sisson, 222 N. Y. 387, 396 , with cases cited.) In the case of Plymouth Coal Company v. Pennsylvania ( 232 U. S. 531 ) the United States Supreme Court, in an opinion written by Mr. … The village board would have the right to enact this ordinance purely as a health measure, if nothing else. It appears that in the first case tried the ordinance in question was not introduced in evidence.

People v. Crowell

122 Misc. 2d 133 · New York County Courts · Dec 14, 1983

(People v Leonardo, supra; People v Sacco, 64 AD2d 324 .) … (People v Brown, 25 NY2d 374 ; People v Insogna, supra; People v Miles, supra.)

People v. Hodgson

6 Misc. 2d 683 · New York County Courts · Mar 8, 1957

Brown, J. This is a motion to inspect the minutes of the Grand Jury. The indictment charges the defendant with the crimes of burglary in the second degree and petit larceny. … In People v. Baldiseno ( 266 App.

People v. Louty

10 Misc. 2d 488 · New York County Courts · Apr 3, 1958

It is claimed that this application is, material to the defendant in that he has served more than one year and the parole board has failed to approve his release although good conduct in prison is claimed by defendant. … Therefore, the court believes that the defendant is entitled to a hearing on the issues of fact under the authority of the Court of Appeals case of People v. Richetti (302 N.

People v. Coulides

148 Misc. 292 · New York County Courts · Jun 29, 1933

In People v. Vandewater ( 250 N. … (Bacon v. Walker, 204 U. S. 311 .)

People v. Luther

48 Misc. 3d 699 · New York County Courts · Sep 26, 2014

The People appeal from an order of the Town of East Rochester Justice Court ( 41 Misc 3d 185 [2013, Brown-Steiner, J.]) granting defendant’s motion to vacate a judgment of conviction entered against him February 11, 2013, … County 1962], quoting Matter of Hecht v Monaghan, 307 NY 461, 469 [1954]).

People v. Carassavas

103 Misc. 2d 562 · New York County Courts · Mar 31, 1980

Brown, J. By order to show cause, and supporting affidavit, dated March 13, 1980, the defendant moves for an order quashing a certain subpoena duces tecum, dated March 5,1980. … (People v Winney, 91 Misc 2d 253 .) The court recognizes that the particular corporation is a professional service corporation, and is, in fact, merely the alter ego of the defendant.

Mull v. Kenyon

118 Misc. 2d 114 · New York County Courts · Mar 9, 1983

Brown, J. … (Coin v Lebenkoff, 10 AD2d 916 .) Items which are palpably improper are those “not only not strictly allowable but also so burdensome to supply that compliance will involve a task that is unreasonable to exact.”

People v. Pansmith

14 Misc. 2d 300 · New York County Courts · Apr 29, 1958

He changed trains at Jamaica and boarded a train bound for Long Beach. … He cites the case of East v. Brooklyn Heights R. R. Co. ( 195 N. Y. 409 ) for his contention.

People v. Banks

27 Misc. 2d 557 · New York County Courts · Dec 23, 1960

(People v. Moody, 133 N. Y. S. 2d 332; People v. Brown, 272 App. Div. 972 ; Matter of Martin, 170 Misc. 919, 922 .) … (People v. Glen, 173 N. Y. 395 ; People v. Sexton, 187 N. Y. 495 ; People v. Sweeney, 213 N. Y. 37 ; People v. Howell, 3 N Y 2d 672.)

People ex rel. Browne v. Kendall

62 Misc. 2d 196 · New York County Courts · Feb 6, 1970

Browne, asked him if he had read the consent, understood it and signed it, to all of which questions Browne answered in the affirmative. … S. 273 ; United States v. Jackson, 390 U. S. 570 ; Garrity v. New Jersey, 385 U. S. 493; Nieves v. United States, supra).

Brick v. Favilla

51 Misc. 550 · New York County Courts · Oct 15, 1908

Witty v. Matthews, 52 N. Y. 512 : Franklin v. Brown, 118 id. 113. … Leonard v. Gunther, 47 App. Div. 194 . The occupants and lessees of the floor above were liable to the defendants for all damages occasioned by them by reason of the overflow of water.

People v. Jackson

163 Misc. 2d 224 · New York County Courts · Nov 16, 1994

As the Court of Appeals stated in People v Salemi ( 309 NY2d 208 , 215 [1955]), a case decided prior to the codification of coram nobis in article 440, *226 "[t]he power to grant an order for a new trial on the ground of … Direct, nonhearsay recantation is among the most unreliable forms of evidence (see, People v Shilitano, 218 NY 161 ; People v Brown, 126 AD2d 898 [3d Dept 1987], Iv denied 70 NY2d 703 [1987]); here, the affidavit of the defendant

People v. Capuano

68 Misc. 2d 481 · New York County Courts · Dec 13, 1971

(Davis v. Seaward, 85 Misc. 210 , affd. 171 App. Div. 963 ; Truesdell v. Winne, 44 Misc. 451 ; 32 N. Y. Jur. Judges, sec. 52). Thus, in People v. … (See, also, People v. Owen, 205 Misc. 415, 418 ; Truesdell v. Winne, 44 Misc. 451, 452 .)

People v. Garabed

12 N.Y. Crim. 294 · New York County Courts · Apr 15, 1897

In the case of People v. Van Houten, 13 Misc. Rep. 603 , 85 N. Y. … The cases above cited of People v. Van Houten and Roderick v. Whitson both hold that such ordinances are constitutional. The ordinance in question operated equally upon all the inhabitants of the village.

Jennings v. Piwinski

136 Misc. 447 · New York County Courts · May 14, 1928

(Gigliotti v. Jacksina, 206 App; Div. 368; People v. Wait, 114 id. 334; Risley v. Van Delinder, 17 Misc. 661 ; Woolley v. Wilber, 4 Den. 570 .) 2. … Y. 246, 258, 259 ; Faulkner v. Brown, 13 Wend. 63 ), and, if material, the court has power to amend to conform to the proof (Risley v. Van Derlinder, supra; Thedford v.

People v. Higgins

165 Misc. 503 · New York County Courts · Dec 29, 1937

In People v. Winston ( 155 App. … In People v. Grogan ( 260 N.

Latragna v. Colonial Life Insurance Co. of America

78 Misc. 2d 714 · New York County Courts · Jul 3, 1974

Co. of Tennessee v. Brown, ( 95 Ga. App. 354 ) in support of this motion. … Co. of Tennessee v. Brown, 95 Ga. App. 354 , supra).

People v. Glowacki

174 Misc. 415 · New York County Courts · Jun 27, 1940

Zeese v. Masten, 29 N. Y. Supp. 891, 893 .) The appellant has cited People ex rel. Johnson v. Webster ( 36 N. Y. … Rabiner v. Warden, 209 App. Div. 795 ; People v. McCann, 199 id. 30.)

People v. Kobjack

93 Misc. 2d 832 · New York County Courts · Apr 5, 1978

Brown, J. The defendants were each indicted in separate indictments for the class A misdemeanor crimes of obscenity in the second degree in violation of section 235.05 of the Penal Law. … (People v Cunningham, 88 Misc 2d 1065, 1082 ; *834 People v Lawson, 84 Misc 2d 24, 28 ; People v Ferrara, 82 Misc 2d 270 ; People v Hargrove, 80 Misc 2d 317, 328 .)