Case law

J.I. Sopher & Co. v. New York City Conciliation & Appeals Board

116 Misc. 2d 80 · New York Supreme Court · Jul 29, 1982

Annulling the determination of the respondent New York City Conciliation and Appeals Board (CAB) under which it directed petitioner to refund the brokerage commission it received for locating an apartment for Joseph Licari

Covenant Community Church, Inc. v. Town of Gates Zoning Board of Appeals

111 Misc. 2d 537 · New York Supreme Court · Nov 19, 1981

Brown, supra, p 496). … of Westchester Reform Temple v Brown, 22 NY2d 488, 496 , supra).

New York State Workers' Compensation Board v. Compensation Risk Managers, LLC

51 Misc. 3d 683 · New York Supreme Court · Feb 11, 2016

The State of New York Workers’ Compensation Board (WCB), which is the plaintiff in all three actions, moves for leave to amend its complaints, principally in relation to alleging claims for implied indemnification. … NY2d 83, 88 [1984], quoting Brown v Rosenbaum, 287 NY 510, 519 [1942]; see Raquet v Braun, 90 NY2d 177, 183 [1997], quoting Mas at 690 [“key element... is not a duty running from the indemnitor to the injured party, but rather

People ex rel. Brooklyn Traction Co. v. Board of Assessors

30 N.Y.S. 448 · New York Supreme Court · Jul 15, 1894

People ex rel. Union Ferry Co. v. Board of Assessors

34 N.Y. Sup. Ct. 614 · New York Supreme Court · Sep 15, 1882

People ex rel. Kittenger v. Board of Civil Service Commissioners

20 Misc. 217 · New York Supreme Court · May 15, 1897

McClelland v. Roberts, 148 N. … Washburn v. French, 52 Hun, 464 ; Matter of Sullivan, 55 id. 285; People ex rel. Van Petten v. Cobb, supra.

Flatbush Real Estate Board, Inc. v. Weaver

10 Misc. 2d 822 · New York Supreme Court · Feb 24, 1958

(See Matter of Flatbush Real Estate Bd. v. Weaver, 5 Misc 2d 75 .) Subsequent to the publication of said decision respondent promulgated Amendment No. 64 (eff.

Watkins v. Town Board of Oyster Bay

8 Misc. 2d 251 · New York Supreme Court · Sep 24, 1957

In fact, many of the adjournments were for the purpose of awaiting *252 determination in the higher courts of appeals in a similar proceeding, namely Matter of Gutter v. … only remaining function is a ministerial one, to consent to the annexation, in accordance with Matter of Wright v.

Austin v. Jefferson County Board of Elections

8 Misc. 2d 74 · New York Supreme Court · Oct 10, 1956

In Sheils v. … While the reasoning of the court in Sheils v.

Town of Indian Lake v. State Board of Equalization & Assessment

45 Misc. 2d 463 · New York Supreme Court · Feb 2, 1965

In 1955, in People v. Patenaude ( 286 App. … The area is the “forest preserve ”, and that term has been defined in People v. Patenaude ( 286 App. Div. 140 , supra).

New York State Labor Relations Board v. George B. Wheeler, Inc.

177 Misc. 945 · New York Supreme Court · Dec 3, 1941

Respondents rely upon Matter of New York State Labor Relations Board v. Kleen-Rite Process Corp. (supra) and Matter of Spector v. Allen ( 281 N. Y. 251 ). … Stearns v. Marr (supra) the court relied upon many cases which involved civil contempts. (See, for example, Daly v. Amberg, 126 N. Y. 490 ; People ex rel. Platt v. Rice, 144 id. 249, affg. 80 Hun, 437 ; Koehler v.

Lyon v. Adde

63 Barb. 89 · New York Supreme Court · Mar 5, 1872

Eldridge v. Knott, Cowp. 214. Mayor of Hull v. Horner, Id. 102 . 2 Burr. 1071. Palmer v. Wettenhall, 1 Ch. Cas. 184. Collet v. Jaques, Id. 120 . Boleter v. Massey, Rep. Temp. Finch, 241. Livingston v. … The effect which has been given to Cole’s and Merchant’s deeds cannot be here ascribed to Carr’s deed to the defendant Brown, because although that deed is drawn upon the back of, and refers to, the former deed, which expressly

Tracey Tower Realty Co. v. New York State Division of Housing & Community Renewal

132 Misc. 2d 174 · New York Supreme Court · May 30, 1986

There must be a duty imposed by law (Matter of Lisa v Board of Elections, 83 AD2d 949 [2d Dept 1981]; Matter of Morgenthau v Gold, 126 Misc 2d 856 [Sup Ct, NY County 1985]) and the action requested must be of a ministerial … The internal allocation of agency resources is necessarily discretionary and consequently mandamus to compel is unavailable (Matter of Brown v New York State Dept. of Social Servs., supra; Matter of City of New York v New

In re the Arbitration between Brown-Turner, Inc. & Complete Machinery & Equipment Co.

4 Misc. 2d 786 · New York Supreme Court · Nov 3, 1955

performance under the contract shall continue”, Brown-Turner itself has breached the contract, and is therefore not entitled to demand arbitration. … In response, Brown-Turner, while admitting nonpayment as such, claims that poor and delayed work on Complete Machinery’s part in violation of the terms of the contract has given rise to a counterclaim in Brown-Turner’s favor

Hornstein v. Paramount Pictures, Inc.

22 Misc. 2d 996 · New York Supreme Court · Jun 26, 1942

Browne was president of that union and William Bioff was on its payroll at a substantial salary and was variously designated as “Personal representative” of Browne, international representative and organizer. … Particular inquiry as to whether that single director and executive officer thereby exceeded the powers conferred upon him by the board is here unnecessary, however for when the board was advised of the matter it elected

People ex rel. Peck v. Canal Board

36 N.Y. Sup. Ct. 159 · New York Supreme Court · Jan 15, 1883

(People v. Dennison., 84 N. Y., 272, 281 .) It has provided that the class of claims, of which relator’s is one, may be presented to and passed upon by the board of canal appraisers. … Seymour v. Canal Board, 7 Lans., 220 ; People ex rel. Benedict v. Dennison, 28 Hun, 328 .)

Board of Fire Commissioners v. New York Interurban Water Co.

113 Misc. 459 · New York Supreme Court · Nov 15, 1920

Pond v. New Rochelle Water Co., 183 N. Y. 330 ; Matter of International Railway Co. v. Rann, 224 id. 83, 88; Farnsworth v. Boro Oil & Gas Co., supra; People ex rel. Brush v. N. Y. Suburban Water Co., 38 App. Div. 413 . … Pelham Manor v.

Great Neck Suburban Hotel Corp. v. Board of Zoning & Appeals

32 Misc. 2d 1082 · New York Supreme Court · Jan 30, 1962

(Matter of Diocese of Rochester v. Planning Bd., 1 N Y 2d 508, 520). Therefore, the contention that the ordinance itself is unconstitutional must be disregarded. … (See Matter of Forrest v. Evershed, 7 N Y 2d 256, 261, 262.)

People ex rel. Van Hise v. Board of Police Commissioners

10 N.Y.S. 948 · New York Supreme Court · Jul 7, 1890

St. Thomas' Church v. Board of Excise of New York

20 N.Y.S. 831 · New York Supreme Court · Nov 10, 1892