Case law

Murphy v. Incorporated Village of Farmingdale

163 Misc. 221 · New York County Courts · Jun 1, 1937

(Admiral Realty Co. v. City of New York, 206 N. Y. 110 .) It was similarly held as to the Public Service Commission Law. (Matter of McAneny v. Board of Estimate & Apportionment, 232 N. Y. 377 .) … (Wilcox v. City of Rochester, 190 N. Y. 137 .) The princip e stated in Herman v. Board of Education ( 234 N. Y. 196 ) cannot apply for the same reason.

People v. Bates

81 Misc. 2d 531 · New York County Courts · Mar 5, 1975

(Keyishian v Board of Regents, 385 US 589, 606 ). … The terms of this statute seem not to be in harmony with the more recent holdings of the Supreme Court (by sharply divided votes) in cases involving teachers and attorneys (see Keyishian v Board of Regents, 385 US 589 , supra

People v. Doe

66 Misc. 2d 1093 · New York County Courts · Jun 7, 1971

an undercover agent of the police department who, having no present knowledge of the defendant’s true name, described him as a “ male Puerto Bican, approximately 160' pounds, has dark curly hair, a round face and light brown … (See People v. Seidenshner, 210 N.

People v. De Renna

166 Misc. 582 · New York County Courts · Mar 3, 1938

(Pellitier v. Saunders, 67 N. … In the case of Simpson v.

People v. Resciniti

191 Misc. 719 · New York County Courts · Mar 15, 1948

(See People v. Rapoport, 261 App. Div. 484 .) … Pro., § 286; People v. Hirshon, 43 N. Y. S. 2d 764.)

Bax v. Harnett

9 Misc. 2d 110 · New York County Courts · Dec 9, 1957

(Desabrais v. Aikens, 283 App. Div. 909 .) Defendants cross-move for permission to amend the notice of appeal to demand a trial de novo and for allowance of tardy filing of the undertaking required by section 443. … The court has discretion to permit late filing of the undertaking (Brown v. Gladstone, 178 Misc. 441 ), and, as noted above, section 433 confers discretion to allow amendment of the notice.

People v. Roselle

152 Misc. 2d 191 · New York County Courts · Oct 4, 1991

Dowdy v Smith, 48 NY2d 477 ). … Of course, since the Family Court proceeding in Nelson was prosecuted by Corporation Counsel alone, rather than (or with) the District Attorney, there was no identity of parties (Brown v City of New York, 60 NY2d 897 ).

People v. McCloud

62 Misc. 2d 1086 · New York County Courts · May 25, 1970

Brown v. … Ciavarelli v. Herold, 32 A D 2d 692, citing People ex rel. Brown v. Johnston (supra); cf. Hoff v. State of New York, 279 N. Y. 490 , as to a jury trial in that proceeding.)

People v. Abronovitz

62 Misc. 2d 1069 · New York County Courts · Apr 8, 1970

(Winters v. New York, 333 U. S. 507, 515 ; see, also, Prince v. Massachusetts, 321 U. S. *1077 158 ; Roth v. United States, 354 U. S. 476 ; Ginzburg v. United States, 383 U. S. 463 ; Kingsley Books v. Brown, 354 U. … (Mishkin v. New York, supra, and Milky Way Prods. v. Leary, supra; see, also, Kingsley Books v. Brown, supra, p. 441 .) The statute is clearly constitutional.

In re the Chittenango-Cazenovia, Part 1, Highway

130 Misc. 516 · New York County Courts · Sep 1, 1927

Olin v. Hennessy, 159 App. Div. 814, 816 ; Matter of City of New York [Crotona Park], 142 id. 665, 667; Matter of Simmons [Ashokan Reservoir], 132 id. 574, 576.) … Co. v. Mills ( 157 App. Div. 932 ); Matter of Board of Water Commissioners of Village of White Plains (55 id. 77); Matter of Board of Public Improvements of City of New York (99 id. 576); City of Binghamton v.

Clark v. Pritchard

28 Misc. 2d 716 · New York County Courts · Feb 27, 1961

Plaintiff has commenced an action against defendant and in his complaint demands judgment: First, that the designation of the Village Board of the Village of Bridgewater of the defendant Pritchard as the duly elected Police … Greene v. Knox, 175 N. Y. 432 , 67 N. E. 910 . This is exactly what the plaintiff seeks to accomplish in this action, as shown by the prayer for judgment.” (Jewell v. Mohr, 136 N. Y. S. 273, 274-275.)

People v. Petronio

192 Misc. 2d 240 · New York County Courts · Jul 24, 2002

(People v Brown, 111 AD2d 343 [2d Dept 1985]; People v Burnett, 205 AD2d 792 [2d Dept 1994]; People v DeLarosa, 172 AD2d 156 [1st Dept 1991].) … (People v Insogna, 86 AD2d 979 [4th Dept 1982]; People v Miles, 85 AD2d 610 [2d Dept 1981].)

Cohoes Loan Corp. v. Pettigrew

98 Misc. 2d 422 · New York County Courts · Mar 2, 1979

Brown, J. By notice of motion dated January 19, 1979, and supporting affidavit, dated January 23, 1979, the plaintiff moves for summary judgment. … (Lawrence v Harrington, 122 NY 408 .)

In re the Temporary State Commission of Investigation

47 Misc. 2d 11 · New York County Courts · May 21, 1965

(People v. Rodriguez, 28 Misc 2d 736 ). It is equally true that the- rule of secrecy is not without exception (Matter of Quinn, 293 N. Y. 787 , affg. 267 App. … Div. 913 ; Matter of Attorney General of United States, 160 Misc. 533 ; People v. Behan, 37 Misc 2d 911 ; Matter of Crain, 139 Misc. 799 ).

Falvo v. Provenga

133 Misc. 644 · New York County Courts · Mar 2, 1929

(Meyer v. Huneke, 55 N. Y. 412 .) … It was held in Merchants’ Bank of Canada v. Brown ( 86 App.

Town of Stamford v. Calhoun

69 Misc. 558 · New York County Courts · Nov 15, 1910

being “An Act to amend the Wide Tire Law, relative to regulating the width of the tires used on vehicles carrying heavy loads upon the public highways, and providing penalties for the violation thereof,” enacted by the board … The act of the board of supervisors is a penal statute and must vest in some person or officer the right to institute and maintain the action, or it is inoperative and void. People v. Belknap, 58 Hun, 241 ; Seward v.

Tri-State Refreshments, Inc. v. Nitke

41 Misc. 2d 386 · New York County Courts · Jan 16, 1964

(Rzepecka v. Urbanowski, 114 Misc. 30 ; Town of Oyster Bay v. Jacob, 109 App. Div. 613 .) … (Fults v. Munro, 202 N. Y. 34 ; Schick v. Wolf, 207 App. Div. 652 .) Petitioner is entitled to a judgment awarding it possession, together, with costs, and if necessary, warrant to remove respondents from said premises.

People v. Select Tire Co.

84 Misc. 2d 159 · New York County Courts · Oct 22, 1975

This conclusion is reinforced by the case of Argersinger v *161 Hamlin ( 407 US 25 ). … There is also precedent in this court in the case of People v Dean & Co.

Schneider v. Rochester Firemen's Benevolent Ass'n

68 Misc. 2d 256 · New York County Courts · Nov 16, 1971

Co. v. Pathe Ind., 33 A D 2d 739, affd. 26 N Y 2d 1045; Piccolino v. Massa, 33 A D 2d 643.) In a motion for summary judgment, it is essential that the parties completely set forth and support their claims or defenses. … (See Town of Preble v. Song Mountain, 62 Misc 2d 353 .)

Steenburgh v. McRorie

60 Misc. 510 · New York County Courts · Sep 15, 1908

Plaintiff’s wife testified that she was sewing and heard a noise, hallooing and hooting; that she saw pieces of board flying; that all of the defendants were present. … Seibert v. Erie Railroad Co., 49 Barb. 583 ; Lomer v. Meeker, 25 N. Y. 363 ; Culhane v. N. Y. C. R. R. Co., 67 Barb. 565 .