Case law

People v. Johnson

63 Misc. 2d 800 · New York County Courts · Jul 16, 1969

The party who alleges the unconstitutionality of a statute has the heavy burden of sustaining his claim (Harman v. Board of Educ., 300 N. … (People v. Friedman, 302 N. Y. 75 ; Campbell v. City of New York, 244 N. Y. 317 ; People v. Schweinler Press, 214 N. Y. 395 .)

Little Stillwater Holding Corp. v. Cold Brook Sand & Gravel Corp.

151 Misc. 2d 457 · New York County Courts · Jun 25, 1991

(See generally, Jackson v Moore, 6 Cow 705 [1827]; Thayer v Finton, 108 NY 394 [1888]; Baldwin v Brown, 16 NY 359 [1857]; see also, Hibiscus Harbor v Ebersold, 63 AD2d 824 [4th Dept 1978].) … (Danann Realty Corp. v Harris, 5 NY2d 317 [1959]; Sylvester v Bernstein, 283 App Div 333 [1st Dept 1954], affd 307 NY 778 .)

People v. Orange County Road Construction Co.

16 N.Y. Crim. 317 · New York County Courts · Feb 15, 1902

Warren v. Beck, 144 N. … Rodgers v. Coler, 106 N.

Johnson v. Messler

27 Misc. 2d 349 · New York County Courts · Feb 20, 1961

On the general principle of taxable disbursements being included in a bill of costs see Matter of Shlakman v. … Board of Higher Educ. ( 10 Misc 2d 397, 398 ) where the court said: “ The right to disbursements is incident to the right to costs ”. (See, also, Matter of Schechter v.

People v. John

181 Misc. 921 · New York County Courts · Oct 20, 1943

(Report of Board of Statutory Consolidation, June 26, 1907.) … Y. 224 ) and People v. Jansen ( 264 N. Y. 364 ), the opinions of which were written by Judge Lehman, all judges concurring.

People v. Robert Z.

134 Misc. 2d 555 · New York County Courts · Dec 19, 1986

(People v Drayton, supra, at 584, citing McDonald v Board of Election, 394 US 802, 809 ; see also, United States v Bland, 472 F2d 1329, 1333-1334, cert denied 412 US 909 .) … Colvin v Board of Parole, 75 Misc 2d 432, 435 , affd 45 AD2d 50 ; see also, People v Drayton, 39 NY2d 580, 584 , supra; Drayton v People, 423 F Supp 786, 792 , supra.)

Bonasera v. Buffalo & Lake Erie Traction Co.

63 Misc. 644 · New York County Courts · Jun 15, 1909

Law (Baldwin), 296; Churchill v. Chicago & A. R. Co., 67 Ill. 390 ; Cheney v. Boston & Me. Ry. Co., 11 Met. 121 ; Strong v. Chicago & N. W. R. Co., 47 Iowa, 82 ; State v. Overton, 24 N. J. L. 435; Roberts v. … Rep. 94; Kelsey v. Mich. Cent. R. Co., 28 Hun, 460 ; Gale v. D., L. & W. R. Co., 7 id. 370; Hamilton v. N. Y. C. & H. R. R. R. Co., 51 N. Y. 100 ; Barker v. Coughlin, 31 Barb. 556 ; Terry v. Flushing, N. Shore & Cent.

People v. Churchill

16 Misc. 2d 102 · New York County Courts · Mar 16, 1959

Through his production of a minute book, which he stated showed the proceedings of the Village Board from May of 1938 to July of 1950, a page containing the Village Speed Ordinance was offered and received in evidence; the … (People v. McCaghey, 124 Misc. 108 ; People v. Hilton, 8 Misc 2d 151 ; People v. Westchester County, 282 N.

De Camilla v. Connery

43 Misc. 2d 395 · New York County Courts · Jul 2, 1964

McCarren v. Dooling, 128 App. Div. 1, 4 ; Gassman, Election Law [2d ed.], p. 27.) … adoption of such rules a certified copy thereof shall be filed by the state committee in the office of the secretary of state and by the county committee in the office of the secretary of state and in the office of the board

In re the General Assignment for the Benefit of Creditors of Roster Bakeries, Inc.

112 Misc. 2d 580 · New York County Courts · Dec 31, 1981

While not every corporation created by Congress is exempt from the effects of a State Statute of Limitations (United States v Brown, 247 NY 211 ) it has been held that the SBA is not only entitled to the Governmental priority … in collecting its claims (Small Business Admin, v McClellan, 364 US 446 ) but is also not bound by any State Statute of Limitations (United States v 93 Ct.

People v. Straehle

53 Misc. 2d 512 · New York County Courts · Apr 5, 1967

This is further evidenced by its decision in Spevack v. Klein ( 385 U. S. 511 ) and in Slochower v. Board of Educ. ( 350 U. S. 551 ). … (People v. Steuding, 6 N Y 2d 214, supra; People v. Gillette, 126 App. Div. 665 , supra.)

People v. Murray

49 Misc. 2d 1093 · New York County Courts · May 2, 1966

In Cook the appellate court cited Matter of Astman v. Kelly (2 N Y 2d 567). … Respondent also relies upon the Astman v.

People v. Stevens

16 Misc. 2d 162 · New York County Courts · Feb 18, 1959

(People v. Gaebel, 2 Misc 2d 458 ; People v. Firth, 3 N Y 2d 472; People v. Horowitz, 3 N Y 2d 789; Matter of Brown v. Kelly, 5 A D 2d 714; People v. Price, 16 Misc 2d 71 .) … (People v. Jacoby, 304 N. Y. 33 ; People v. Kugelman, 188 Misc. 135 ; People v. Horowitz, 3 N Y 2d 789; People v. Furber, 5 Misc 2d 614 ; People v. Tanner, 208 Misc. 681 .)

People v. Ethridge

29 Misc. 2d 215 · New York County Courts · May 24, 1961

Plying for hire is synonymous with solicitation (People v. Milne, 86 Misc. 417 ) and it does not apply to the activities of these defendants. In People v. … Y. 757 ; Yellow Taxicab Co. v. Gaynor, 82 Misc. 94 , affd. 159 App. Div. 893 ; People v. Cuneen, 94 Misc. 509 ; People v. Milne, supra).

People v. Bach

65 Misc. 2d 994 · New York County Courts · Mar 12, 1971

Hirschberg v. Board of Supervisors, 251 N. Y. 156, 170 .) … (People v. Walsh, 262 N. Y. 140 ; People v. Fein, 18 N Y 2d 162; People v. Whitmore, 45 Misc 2d 506 ; People v. Matera, 52 Misc 2d 674 .)

People v. Childs

56 Misc. 2d 581 · New York County Courts · May 7, 1968

drill or an attack (State Defense Emergency Act, § 23, subd. 5) or when authorized by resolution of the local legislative body pursuant to section 105 of the State Defense Emergency Act, which has not been authorized by the Board … This question concerning auxiliary police units relative to a juror’s background was fully explained in People v. Winship (2 A D 2d 952, affd. 2 N Y 2d 944).

People v. Doty

34 Misc. 3d 183 · New York County Courts · Sep 7, 2011

Swamp, 84 NY2d 725, 730 [1995]; People v Pelchat, 62 NY2d 97, 105 [1984]; People v Valles, 62 NY2d 36 [1984]; People v Dunleavy, 41 AD2d 717 [1973], affd 33 NY2d 573 [1973]). … that the evidence is reliable’ (People v Brensic, 70 NY2d 9, 14 [citing People v Nieves, 67 NY2d 125, 131 ; see also, People v Brown, 80 NY2d 729, 734-735 ] [present sense impressions]; People v Brown, 70 NY2d 513, 518-519

Robert M. Padden Construction, Inc. v. Reitkopf

146 Misc. 2d 272 · New York County Courts · Aug 16, 1989

In that case, a municipality failed to form a plumbers’ licensing board as required by State law and therefore it was impossible for the plaintiff plumber to comply with the licensing statute. … Mitchell v Martin, 143 NY 407 ; Birnbach v Kirspel, 188 Ark 792 , 67 SW2d 730 [Sup Ct 1934]; but cf., Howard v Lebby, 197 Ky 324, 246 SW 828 , and cases cited thereunder).

People v. Hildebrandt

38 N.Y.S. 958 · New York County Courts · Feb 15, 1896

was convicted in a court of special sessions, held by the police justice of the town of Newtown, of a misdemeanor arising under section 211 ‘of the Penal Code, for a violation of the general orders and regulations of the board … People v. Cook, 45 Hun, 34 . We are also of the opinion that the appellant has no just cause for complaint that the police justice denied his motion for an adjournment upon the ground of the absence of his witnesses.

People v. Strope

151 Misc. 580 · New York County Courts · May 24, 1934

(People v. Olmsted, 74 Hun, 323 .) … {People v. Pillion, 78 Hun, 74 .)