Case law

People v. Baker

29 Misc. 2d 145 · New York County Courts · Feb 6, 1961

Brown, attorney of record for the defendant, with Alfred L. Simon as counsel, and Hon. James A. O’Connor, District Attorney of Saratoga County for the People and in opposition to the motion. … As to that part of the motion (b) this court is following the language of the decision contained in People v. Higgins ( 21 Misc 2d 94 ).

People ex rel. Leonard v. Hamilton

27 Misc. 308 · New York County Courts · Apr 15, 1899

Belden Club v. Hilliard, 28 App. Div. 140 . … Hirsh v. Wood, 148 N. Y. 142 . The validity and "regularity of the election itself is not before me for review.

Walsh v. Richards

22 Misc. 610 · New York County Courts · Feb 15, 1898

I find no statute authorizing or requiring the board of supervisors to prescribe any particular method. … Hnder the authority of Spaulding v. Arnold, it must be presumed that that fund is still in his hands and must be applied as the statute directs.

Town of Massena v. Niagara Mohawk Power Corp.

87 Misc. 2d 79 · New York County Courts · May 3, 1976

(Matter of Holman, 268 App Div 330, 331 ; Board of Hudson Riv. Regulating Dist. v Fonda, Johnstown & Gloversville R. R. … In *90 Board of Hudson Riv. Regulating Dist. v Fonda, Johnstown & Gloversville R. R. Co.

People v. Chmielewski

153 Misc. 386 · New York County Courts · Oct 25, 1934

The board of trustees of a village may designate a police justice residing in the same county as acting police justice of the village, and such acting police justice, during the absence or inability of the police justice … (Moneyweight Scale Co. v. Price, 92 Misc. 730 ; Lowry v. Himmler, 136 id. 215.)

Furber v. Sidell

5 Misc. 2d 121 · New York County Courts · Mar 5, 1957

The decision permitted the amendment of the pleadings by the defendants, Helen V. … (Van Bel Co. v. Board of Educ., 142 Misc. 492 .) The motion for costs and an extra allowance is hereby denied. Judgment should be entered dismissing the counterclaim on the merits.

People v. Johnson

23 Misc. 2d 11 · New York County Courts · Feb 11, 1960

The reliability of radar for measuring speed has been recognized for several years (People v. … However, a trial court, in its discretion, can take judicial notice of “ a rule or regulation of an executive department, public board, agency or officer of this state ” (Civ. Prac. Act, § 344-a).

Tichnor Bros. v. Barley

72 Misc. 638 · New York County Courts · Jun 15, 1911

Hargous v. Stone, 5 N. Y. 13; Fairbanks Canning Co. v. Metzger, 318 id. 260; Mason v. Smith, 130 id. 480. In the case of Mason v. … These cases are reviewed and discussed by Brown, J., in Halpin v. Phenix Ins. Co., 118 N.

Eadie v. Arc Wood Development, Inc.

19 Misc. 2d 98 · New York County Courts · Jun 1, 1959

(McKeon v. Van Slyck, 223 N. Y. 392, 399 ; see, also, Smith v. Kirkpatrick, 305 N. Y. 66, 73 ; Rodger v. Emigrant Ind. Sav. Bank, 258 App. Div. 614, 615 ; Sturtevant v. Fiss, Doerr & Carroll Horse Co., 173 App. … There was proof presented as to the custom and rule established by the Westchester County Realty Board that the compensation payable on a sale of a house was 5% of the purchase price.

People v. Toler

29 Misc. 2d 384 · New York County Courts · Jun 22, 1960

In People v. … Jackson [5 N Y 2d 243]; People v. Love, 305 N. Y. 722 ; People v.

People v. Lyttle

95 Misc. 2d 879 · New York County Courts · Jul 9, 1976

Brown, J. … (People v Ferraro, 161 NY 365 .)

People v. Dunham

148 Misc. 744 · New York County Courts · Aug 15, 1933

(People v. Brown, 133 Mise. 732.) … Cook v.

Rising v. Town of Moreau

68 Misc. 284 · New York County Courts · Jun 15, 1910

The commissioner applied to the town board for funds in February, 1908, to repair the Fort Edward bridge; but there is no proof that he called the attention of the town board to the condition of this barrier or the want of … Under this section the commissioner was authorized to make the repairs necessary in replacing the barrier, and the expense of doing it would have to be audited by the town board and collected.

People v. Magno

91 Misc. 2d 1058 · New York County Courts · Oct 28, 1977

(Gagnon v Scarpelli, 411 US 778 .) … Siklich v Jackson, 4 AD2d 983.)

People v. Granger

10 Misc. 2d 321 · New York County Courts · Feb 11, 1958

There was no proof that no greater speed was permitted by the State Traffic Commission, which has such power in respect to county and town roads when specially requested by the county superintendent of highways and the town board … It fails to meet the standard suggested in People v. Heyser (2 N Y 2d 390). Thus on reargument the judgment is reversed on the law and on the facts.

Vincinguerra v. Fagan

57 Misc. 224 · New York County Courts · Dec 15, 1907

McGehey v. Brown, 135 U. S. 707 ; Coyingham v. Duffy, 125 N. Y. 200 ; Acker v. Acker, 81 id. 143. The court, in People ex rel. Collins v. Spicer, 99 N. … Curtis v. Whitney, 13 Wall. 68 ; Jackson v. Lampkin, 3 Pet. 280 ; Gilfillan v. Union Canal Co., 109 U. S. 401 .

Clapper v. Race

121 N.Y.S. 317 · New York County Courts · Feb 15, 1910

Eakin v. Brown, 1 E. D. Smith, 37; Kendall v. Gray, 2 Hilt. 301 ; Bissell v. Marshal, 6 Johns. 100 ; Starbird v. Barrons, 43 N. Y. 200 ; Nasanowitz v. Hanf, 17 Misc. Rep. 160 , 39 N. Y. Supp. 327 . … Schoonmaker v. Spencer, 54 N. Y. 366 ; Sebring v. Stryker, 10 Misc. Rep. 289 , 30 N. Y. Supp. 1053 ; Knight v. Wilson, 55 Hun, 559 , 9 N. Y. Supp. 20 ; Beecher v. Kendall, 14 Hun, 327 -329.

King Paint Co. v. Lang

82 Misc. 362 · New York County Courts · Oct 15, 1913

Wears v. Johnson, 151 App. Div. 770, 772 ; Sourwine v. Truscott, 25 Hun, 67 . … Hartmann v. Hoffman, 76 App. Div. 449 ; Markel v. Gummer, 84 id 634; Murtagh v. Dempsey, 85 id. 204; Liedtke v. Meyer, 143 id. 74; Brown v. Sullivan, 155 id. 875; Bentley v. Ard, 69 Misc. Rep. 562 .

Oney v. Pomfrey

54 Misc. 171 · New York County Courts · Apr 15, 1907

To similar effect are Wood v. Shultes, 4 Hun, 309 ; Hawkes v. Burke, 34 Misc. Rep. 189 ; Rein v. Brooklyn Heights R. Co., 47 id. 675; Shirtcliffe v. Wall, 68 App. Div. 375 . … Van Bokkelin v. Ingersoll, 5 Wend. 315 , affg. 7 Cow. 670 ; Baker v. Hoag, 7 N. Y. 555 ; Faulkner v. Brown, 13 Wend. 63 ; Truslow v. Putnam, 4 Abb. Ct. App. Dec. 425 .

People v. Zollo

114 Misc. 2d 1032 · New York County Courts · Jul 19, 1982

He then noticed a brown paper bag sitting upright in the trunk with the top crushed down and open. The trooper noted that the bag emitted a strong odor. … (People v Roman, supra, p 42 .)