Case law

Northeastern Harness Horsemen's Ass'n v. New York State Racing & Wagering Board

90 Misc. 2d 328 · New York Supreme Court · May 4, 1977

This CPLR article 78 proceeding was instituted by the petitioner against the New York State Racing and Wagering Board (hereinafter Board) for a judgment directing the Board to take certain actions against the Capital District … In addition to the general grant of power to the Board to issue rules and regulations as noted above, the Legislature has expressly directed the Board to establish general regulations in specifically prescribed areas.

Gauntley v. Wheeler

4 Lans. 491 · New York Supreme Court · May 15, 1869

But, according to the decision in Hayes v. … (See Davidson v. Taylor, 12 Wheat., 604 ; Patten v. Steward, 1 Hall, 38 .)

People ex rel. Queens County Water Co. v. Board of Supervisors of the County of Queens

10 N.Y. St. Rep. 286 · New York Supreme Court · Sep 15, 1887

Brown, J. … The proceedings of the board of supervisors had in November, 1886, can have no effect upon the validity of the contract with the water company; if that contract was valid when executed, it could not be rescinded by the board

Falcone v. Zingerline

61 Misc. 2d 885 · New York Supreme Court · Nov 28, 1969

(Wholesale Laundry Bd. of Trade v. City of New York, 17 A D 2d 327, 331, affd. 12 N Y 2d 998.) … [b], par. [2]; McMillen v. Browne, 14 N Y 2d 326, 330).

Bushnell v. Bushnell

15 Barb. 399 · New York Supreme Court · Jul 4, 1853

(Denton v. Denton, 1 John. Ch. 441. Porter v. Spencer, 2. Id. 169. Woodward v. Schatzell, 3 Id. 412. Mitchell v. Bunch, 2 Paige, 606 . Brown v. … In Brown v.

Board of Education Longwood Central School District v. Elite Associates, Inc.

138 Misc. 2d 1038 · New York Supreme Court · Mar 14, 1988

OPINION OF THE COURT Harry Richard Brown, J. This is a proceeding under CPLR article 75 staying arbitration of a controversy. … Mall Corp. v Picket Constr. Corp., 45 AD2d 1052 [2nd Dept 1974]). Finally, on the basis of the cases heretofore cited, the matter need not have been referred to the architect for mediation.

Board of Education of Union Free School District No. 3 v. Board of Education of the City of Mount Vernon

184 Misc. 303 · New York Supreme Court · Jan 25, 1943

(Tebo v. City of Brooklyn, 134 N. Y. 341 ; Ruland v. Tuthill, 187 App. Div. 20 .)

Marine Park Boats, Inc. v. Halberg

58 Misc. 2d 938 · New York Supreme Court · Jan 22, 1969

This is so even though the discretion conferred is absolute (Matter of Board of Higher Educ. of City of N. Y. v. Allen, 6 N Y 2d 127). … To fortify this position they cite such cases as Matter of Hecht v. Monaghan ( 307 N. Y. 461 ); Duplex Co. v. Deering ( 254 U. S. 443 ) and Truax v. Corrigan ( 257 U.

Triphammer Development Co. v. Board of Trustees of Village of Lansing

154 Misc. 2d 369 · New York Supreme Court · May 7, 1992

Corp. v City of Rye, supra). … Corp. v City of Rye, supra, at 116).

Committee of Interns & Residents v. New York State Labor Relations Board

88 Misc. 2d 502 · New York Supreme Court · Oct 14, 1976

This proceeding pursuant to CPLR article 78 brings to this court "the troublesome question of where lies the line between permissible and federally preempted state regulation of union activities” (Hanna Mining v Marine Engs … State Bd., 330 US 767 ; Hanna Min Co. v Marine Engs., 382 US 181 , supra).

New York State Crime Victims Board v. Zaffuto

196 Misc. 2d 602 · New York Supreme Court · Jun 20, 2003

Co. v Capasso, 75 NY2d 860, 862 [1990]). … This burden applies to the petitioner Crime Victims Board when it seeks a preliminary injunction pursuant to Executive Law § 632-a (6) (a) (see New York State Crime Victims Bd. v Neumann, supra, slip op at 4).

Board of Directors of House Beautiful at Woodbury Homeowners Ass'n v. Godt

32 Misc. 3d 366 · New York Supreme Court · May 18, 2011

Plaintiff relies on Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb ( 72 AD3d 997, 999 [2d Dept 2010]) for the proposition that, since the condominium notice of lien requirements of Real Property Law … In Board of Directors of Hunt Club at Coram Homeowners Assn., Inc. v Hebb ( 72 AD3d at 998 ) the Court held that the requirement of Real Property Law § 339-aa that a notice of lien be verified is not applicable to a homeowners

In re Hall

157 Misc. 768 · New York Supreme Court · Jan 11, 1936

Brown v. Freisch, 215 N. Y. 356, 368 .) … Brown v. Freisch, supra.)”

Pedersen v. Board of Education of Central School District No. 2

9 Misc. 2d 603 · New York Supreme Court · Oct 17, 1957

The defendants Board of Education and Laurence J. … S. 2d 631; Powers v. Marrone, 206 Misc. 173 ; Fenwick v. Kappler, 205 Misc. 594 ).

Whitney v. New-York Firemen Insurance

18 Johns. 208 · New York Supreme Court · Aug 15, 1820

Brown and Ttllinghast, two masters, swear, that they would not have taken the wet hemp on board their vessels, and that there was probable danger of it’s setting fire to the ship; and, in their opinion, no prudent master … of a vessel would take such a cargo on board.

MacFarlane v. Mosier

79 Misc. 460 · New York Supreme Court · Feb 15, 1913

The board' of aldermen took action as follows: “ Received, filed, and recommendation adopted,” which was concurred in by the board of eouncilmen, to the effect that the action of the board of aldermen, “be and the same is … Edge Moor Bridge Works v. Bristol, 170 Mass. 528 ; Water Commissioner of Jersey City v. Brown, 32, N. J. Law, 504; Erving v. Mayor, 131 N. Y., 133 .

Rogers v. Barker

31 Barb. 447 · New York Supreme Court · May 14, 1860

Hart & Hoyt v. … Lott, Emott and Brown, Justices.]

Pardee v. Drew

25 Wend. 458 · New York Supreme Court · May 15, 1841

The principle of the case of The Orange County Bank, v. Brown, 9 Wendell, 85 ,1 think decisive against the plaintiff here. That case was very fully argued before us, and the law of it deliberately settled. … See also Batson v. Donavan, 4 Barn. & Ald. 340. [ *462 ] *The principle applies fully to the case before us.

Board of Education of Katonah-Lewisboro School District v. Board of Education of Carmel Central School District

146 Misc. 2d 71 · New York Supreme Court · Nov 14, 1989

that this action seeks to recover the cost of tuition pursuant to Education Law § 3202 (4) (b) and, as such, is in the opinion of this court a lawsuit to vindicate a public interest (see, Valhalla Union Free School Dist. v … City of New York, 56 NY2d 950, 954 ; Butterfield v Board of Trustees, 131 AD2d 963, 964 ).

Mt. Zion Baptist Church of Port Chester, Inc. v. Brown

23 Misc. 2d 28 · New York Supreme Court · Jun 29, 1959

(Moser v. Fieland, 5 Misc 2d 937 ; Town of Harrison v. Sunny Ridge Bldrs., 170 Misc. 161 ; Ritter v. Mountain Camp Holding Corp., 252 App. Div. 602 .) … (See Serxner v. Elgart, 196 Misc. 1053 ; Woodward v. Southampton Fed. Sav. & Loan Assn., 161 N. Y. S. 2d 552, and Friedman v. Roseth Corp., 190 Misc. 742 , mod. on other matters sub nom. Freidman v. Odora Co., 273 App.