Case law

Pierce v. Kinney

75 Misc. 328 · New York County Courts · Jan 15, 1912

Power v. Onward Const. Co., 39 Misc. Rep. 708 ; Robinson v. Fay, 19 N. Y. Supp. 120 ; 46 N. Y. St. Repr. 369; Bryson v. St. Helen, 79 Hun, 167 ; Knapp v. Brown, 45 N. Y. 207 ; Biershenk v. Stokes, 18 N. Y. … Power v. Onward Const. Co., supra; Webb v. Van Zandt, 16 Abb. Pr. 190 ; Raven v. Smith, 71 Hun, 197 ; Matter of Gould Coupler Co., 79 id. 206 ; Raven v. Smith, 87 id. 90; Smith v. Fleischman, 23 App. Div. 355 .

People v. Cutten

182 Misc. 2d 531 · New York County Courts · Oct 26, 1999

Particularly in view of the circumstantial nature of the prosecution’s evidence (People v Ford, 66 NY2d 428, 441 ; People v Sanchez, 61 NY2d 1022 ), the court concludes that the People have failed to prove each of the elements … Brown, 240 AD2d 675 [2d Dept 1997]; People v Williams, 135 AD2d 763 [2d Dept 1987]; People v Casado, 199 AD2d 845, 846 [3d Dept 1993]).

In re the Incorporation of Hampton Bays

40 Misc. 2d 434 · New York County Courts · Sep 13, 1963

(Matter of Tarter v. Larkin, 18 Misc 2d 617 .) It is conceded that the area being a fire district and having a population not less than 500 qualifies it to incorporate under the Village Law. In Matter of Tarter v. … The court may not retry the case or substitute its determination based upon evidence presented to the court or take new evidence on the question decided by the Town Board. (Matter of Sparling v.

People ex rel. Perry v. Gillette

24 N.Y. Crim. 410 · New York County Courts · Mar 15, 1910

Tweed v. *412 Liscomb, 60 N. … Com. v. Brown, 23 Pa. Sup. Ct. 470. ATTEMPT TO COMMIT.

People v. Lo Ji Sales, Inc.

93 Misc. 2d 1012 · New York County Courts · Mar 23, 1978

The United States Supreme Court has indicated that a State is not limited to the criminal process in seeking to protect its citizens against the dissemination of pornography (Kingsley Books v Brown, 354 US 436 ). … Corp. v Vogt, 52 AD2d 396 ; People v One 1976 Ford Van, 59 AD2d 1045 , involving this same defendant corporation.)

Mandel Brothers v. Simpson

67 Misc. 386 · New York County Courts · Apr 15, 1910

Marshall v. Sherman, 148 N. Y. 26 ; Morgan v. Neville, 74 Penn. St. 52; Kelley v. Davenport, 1 Browne (Penn.), 231; Ross v. Wigg, 34 Hun, 192 ; Ludlow v. Van Rensselaer, 1 Johns. 95 ; Skinner v. … The credit, also, must have been for her own exclusive benefit- Weir v. Groat, 4 Hun, 193 ; Yale v. Dederer, 18 N. Y. 265 ; White v. McNett, 33 id. 371 ; Corn Exchange v. Babcock, 42 id. 613. In Lugar v. Swayze, 2 Mise.

Harris v. Wells

158 Misc. 87 · New York County Courts · Jan 9, 1936

One other case seems to be squarely in point with the case at bar; that is Close v. Burden ( 163 App. Div. 83 ). … Thereafter the board of supervisors of said county appointed the petitioner to the office of superintendent of poor of said county.

Lenner v. Corso

162 Misc. 500 · New York County Courts · Mar 24, 1937

The purchase and sale were of a farm, boarding house and this personal property. The grantors held as security for the debt the property, real and personal, which they conveyed to the grantees. … The cases of Lang v.

Foyster v. Tutuska

44 Misc. 2d 303 · New York County Courts · Oct 30, 1964

In Domino v. … Mercurio (17 A D 2d 342 [1962]), Judge Halpern traced the parallel development and final acceptance and application by the courts of respondeat superior to Boards of Education for negligence of their employees, and to the

People ex rel. Wasmund v. Wallack

25 Misc. 2d 277 · New York County Courts · Jun 23, 1960

Poster v. Jackson, 303 N. Y. 680 , supra; People v. Skarczewski, 287 N. Y. 826 ; People v. Zipkin, 202 Misc. 552 ; cf. People v. Savarese, 1 Misc 2d 305, 313, 318 ). … Y. 740 , supra; People v. Plesh, 283 App. Div. 868 ; People v. Pauley, 281 App. Div. 223, 229-230 ; see, also, People v. Nelson, 309 N. Y. 231 ; People v. Stein, 280 App. Div. 176 , affd. 304 N.

People v. Gray

56 Misc. 3d 1045 · New York County Courts · Jun 15, 2017

People v Suppa, NYLJ, Oct. 8, 1997 at 1, 25, 28; People v Tran, NYLJ, Oct. 7, 1998 at 1, 25, 29, col 6; People v Ari Seigler, NYLJ, June 6, 2002 at 1, 17, 26; People v Howlett, NYLJ, May 30, 2003 at 1, 17, 23; People v Wilfred … Floyd Ewing is a lawyer and past president of the Westbury Union Free School District Board of Education.

Starkey Point Property Owners' Ass'n v. Wilson

96 Misc. 2d 377 · New York County Courts · Oct 4, 1978

. *379 (Midtown Commercial Corp. v Kelner, 29 AD2d 349 .) … (Lincolnshire Civic Assn. v Beach, 46 AD2d 596 .)

People v. Sly

180 Misc. 96 · New York County Courts · Sep 30, 1942

Barber,” a member of the local school board. … (Barber v. People, 3 Cow. 686 ; O’Neil v. Vermont, 144 U. S. 323 .)

People v. Menzies

26 Misc. 2d 1040 · New York County Courts · Dec 28, 1960

The opinion of Judge Brown in People v. … People v. Lacey (N. Y. L. J., March 21, 1958, p. 13, col. 2 [Nassau County, Brown, J.]).

People v. Harmer

27 N.Y. Crim. 104 · New York County Courts · Jan 15, 1912

People v. Ebespacher, 79 Hun, 410 ; People v. Cuatt, 70 Misc. Rep. 453 People v. Jeratino, 62 id. 587 . … The case of People v. Pettit, 74 N. Y. 320 , is distinguishable.

People v. Albert

28 Misc. 2d 182 · New York County Courts · Feb 24, 1961

(People v. Cornell, 186 Misc. 825 .) … (Sweeney v. City of New York, 225 N.

People v. Allies Boulevard Book Store, Inc.

130 Misc. 2d 556 · New York County Courts · Dec 9, 1985

Defense counsel made the court aware at oral argument that at the time of sale each of the cellophane enclosed magazines was also placed in an opaque brown paper bag with the referenced language imprinted thereon. … The fact-finding/determination function of the Grand Jury must be free from unwarranted interference by either presenting prosecutor or impaneling court (People v Rider, 115 AD2d 123 [3d Dept 1985]; People v Monroe, 125 Misc

Gorham v. Eastchester Electric Co.

29 N.Y.S. 1094 · New York County Courts · Mar 15, 1894

Very many village charters have expressly authorized the board of trustees to compel adjoining owners to plant such trees, and it is a fact patent to common observation that such trees exist in the majority of the streets … As to the second question, viz. the measure of damages, it would seem that the case of Dwight v. Railroad Co., 132 N. Y. 199 , *1096 30 N. E. 398 , should be regarded as conclusive.

People v. Nassar

60 Misc. 2d 27 · New York County Courts · Jun 20, 1969

(People v. … For example, in People v. Feld ( 305 N.

People v. Witthuhn

172 Misc. 2d 749 · New York County Courts · Apr 18, 1997

(People v Finnegan, 85 NY2d 53, 58 [1995]; see also, McKinney’s Cons Laws of NY, Book 1, Statutes §§ 76, 92 [a], [b]; Matter of Auerbach v Board of Educ., 86 NY2d 198 , 204 [1995].) … (Parochial Bus Sys. v Board of Educ., 60 NY2d 539, 548-549 [1983], quoting Lawrence Constr. Corp. v State of New York, 293 NY 634, 639 .)