Case law

Brady v. The Board of Education

136 Misc. 1 · New York Supreme Court · Feb 18, 1930

Bergoffen v. … In Louderback v. Board of Education ( 216 App. Div. 805 ; affd., 244 N. Y. 511 ) *11 the ruling of the Commissioner of Education was adopted as res adjudicata. (See, also, Caldwell v.

Prindle v. Board of Education

61 Misc. 533 · New York Supreme Court · Dec 15, 1908

Crowe v. Lewin, 95 N. Y. 423 ; Smith v. Mackin, 4 Lans. 41 . … Champlin v. Laytin, 18 Wend. 406 ; Belknap v. Sealey, 14 N. Y. 143 .

Brown v. Central Nat. Bank

73 N.Y. St. Rep. 865 · New York Supreme Court · Jun 12, 1896

There is no distinction in the facts disclosed by this record and those that appear in the case of Trust Co. v. Lipman, 91 Hun, 554 ; 36 N. Y. Supp. 355 . The judgment appealed from should he affirmed, with, costs.

Board of Higher Education v. Carter

26 Misc. 2d 989 · New York Supreme Court · Feb 28, 1961

Petitioner board seeks to prohibit respondent commission from continuing an investigation into certain alleged discriminatory employment practices at one of the institutions under petitioner’s control, and, further, to annul … from doing what it has been doing, and to have- annulled what has been done in excess of authority; the form of these proceedings should not operate to restrict the granting of the relief (Matter of New York Post Corp. v.

Rosen v. Public Employment Relations Board

128 Misc. 2d 628 · New York Supreme Court · Jun 5, 1985

of Fisher [Levine], 36 NY2d 146, 149-150 ; Matter of West Irondequoit Teachers Assn. v Helsby, supra, pp 50-51; Matter of Howard v Wyman, 28 NY2d 434, 437-438 ; Civil Service Law, §§ 200, 205).” … (Labor Bd. v Babcock & Wilcox Co., 351 US 105, 113 .)

Beck-Brown Realty Co. v. Liberty Bell Ins.

137 Misc. 263 · New York Supreme Court · Apr 19, 1930

(Courtney v. New York City Ins. Co., 28 Barb. 116 ; Nease v. Ætna Ins. Co., 32 W. Va. 283 ; 9 S. E. 233 ; Franklin v. National Ins. Co., 43 Mo. 491 ; Wood Ins. § 94; May Ins. § 386; 2 Beach Ins. § 1114.) … In Hunt v. Provident Sav. Life Assur. Soc. ( 77 App.

Junar Construction Co. v. Town Board

57 Misc. 2d 727 · New York Supreme Court · Aug 27, 1968

Thus, the presumption that the zoning ordinance is ‘ ‘ supported by facts known to the [legislative body] ” (Wiggins v. … In 1957 the exception was re-enacted (see Matter of Cabral v.

Bauer v. Board of Assessment Review

114 Misc. 2d 640 · New York Supreme Court · Jul 1, 1982

Board of Assessors of County of Nassau, 45 NY2d 538 ). … Assessor of Town of Islip, 37 NY2d 1, 13, 14 , supra; see, also, New York Public Interest *644 Research Group v Board of Assessment Review of City of Albany, 104 Misc 2d 128, 134, 135 ).

Brown v. Rome, W. & O. R. Co.

1 N.Y.S. 286 · New York Supreme Court · May 17, 1888

There was a sign-board, giving warning of the cars. This was 47 feet from the track. The plaintiff stopped there and listened; heard no sound of any train; heard some children playing and shouting in the street. … The appellant cites Houghkirk v. Canal Co., 92 N. Y. 219 . We think the court did not violate the rule as expressed in that case, but conformed to it. The judgment should be affirmed, with costs. Learned, P.

Long Island Bond & Mortgage Guarantee Co. v. Brown

171 Misc. 15 · New York Supreme Court · Mar 20, 1939

(Citing cases.) (148th Street Realty Co., Inc., v. … S. 242 ; Grant v. Phœnix Life Ins. Co., 121 U. S. 105, 117 ), or until, in proper form, he demands and is refused possession. (Dow v. Memphis Railroad Co., 124 U. S. 652, 654 .) (See, also, Sage v.

Cox v. Board of Estimate & Apportionment

140 Misc. 313 · New York Supreme Court · Jun 4, 1931

In Reis v. City of New York ( 113 App. Div. 464 ; affd., 188 N. … In Reis v. City of New York ( 113 App.

Stanford Associates v. Board of Assessors

67 Misc. 2d 477 · New York Supreme Court · Sep 3, 1971

and herein referred to as “ School District ”, seeks an order to intervene as a party in this action and to set aside a certain stipulation entered into by and between the petitioner, Stanford Associates, and respondent, Board … The School District’s grounds for intervention and setting aside the stipulation and the order entered thereon are based on a claim of a deprivation and prejudice of substantial rights of the Board of Education and the taxpayers

Smith v. Community Board No. 14

128 Misc. 2d 944 · New York Supreme Court · Jul 8, 1985

(Walz v Tax Commn., 397 US 664, 668-669 ; see also, Zorach v Clauson, 343 US 306 ; Everson v Board of Educ., 330 US 1 .) … (Lynch v Donnelly, supra; Widmar v *948 Vincent, supra; McCreary v Stone, 739 F2d 716, affd sub nom. McCreary v Board of Trustees of Scarsdale, 471 US_,_S Ct_, 53 USLW 4431 .)

Goldway v. Board of Higher Education

178 Misc. 1023 · New York Supreme Court · Sep 11, 1942

The Board of Higher Education is a State instrumentality as is the Board of Transportation. Yet, in Ferdinand v. Moses ( 26 N. Y. Supp. 382 ; affd., 262 App. … (See also Matter of Schaefer v. Rathmann, 237 App. Div. 491 ; affd., 262 N. Y. 492 ; Matter of Dieter v. Ryan, 267 id. 594 .) Accordingly, the motion is denied.

Bryant v. Board of Education

29 Misc. 3d 706 · New York Supreme Court · Sep 3, 2010

Board of Educ., Chenango Forks Cent. … Board of Educ., 29 AD3d 574 [2006], lv denied 7 NY3d 708 , 709 [2006]; 4 see generally Matter of Jones v Board of Educ. *710 of Watertown City School Dist., 30 AD3d 967 , 970 [2006] [“during this period” means only the period

Reed v. Board of Standards & Appeals

138 Misc. 187 · New York Supreme Court · Apr 8, 1929

It is not as if an extension is sought for a distance of 50 or 100 feet or more as in Matter of 4672 Broadway Corp. v. Board of S. & A. ( 225 App. … Swedish Hospital v. Leo ( 120 Misc. 355 ; affd., 215 App. Div. 696 ), and more akin to the case of Matter of Vesell v. Board of Standards & Appeals ( 137 Misc. 806 ; affd., 225 App. Div. 742 , 801).

Brown v. Union Free School District No. 8

88 Misc. 2d 755 · New York Supreme Court · Dec 16, 1976

First, Timothy Brown has an absolute constitutional right to a free public education (NY Const, art XI, § 1). That the child’s right to such an education is paramount (Matter of Jeter v Ellenville Cent. … In the case of Timothy Brown, that district is Amityville. In Matter of Jeter v Ellenville Cent.

Brandman v. Cross & Brown Co. of Florida, Inc.

125 Misc. 2d 185 · New York Supreme Court · Aug 1, 1984

Webb, 11 NY2d 392 ; Bournias v Atlantic Mar. … Co., 220 F2d 152; Auten v Auten, 308 NY 155 ; Lewis v Dicker, supra; cf. Matter of Cepeda, 233 F Supp 465 ; see, also, Restatement, Conflict of Law 2d, § 139).

Nassau Chapter v. Board of Education

63 Misc. 2d 49 · New York Supreme Court · May 8, 1970

It is not for the court to enlarge the contract by inserting provisions which the parties could have negotiated and agreed upon but did not (Janos v. Peck, 21 A D 2d 529, 533, affd. 15 N Y 2d 509; Frankel v. … Such act on behalf of plaintiff obviously would prove futile, for the school board has already made its unalterable position known and there is no indication of a willingness upon its part to submit this matter to any impartial

Transtechnology Corp. v. Board of Assessors

21 Misc. 3d 215 · New York Supreme Court · Jul 7, 2008

I v Board of Assessors (index Nos. 18523/86, 17-8708/89). … In Matter of Chasalow v Board of Assessors of County of Nassau ( 202 AD2d 499 [2d Dept 1994]), the Court reviewed a determination of the Honorable Leo F.