Case law

Groves v. Acker

33 N.Y.S. 406 · New York Supreme Court · Apr 12, 1895

The plaintiff concluded to loan $5,000 to the association, and thereupon, in the presence of the plaintiff, the following resolution was adopted by the board of directors: “On motion of John A. … Mott v. Hicks, 1 Cow. 513 ; Babcock v. Beman, 11 N. Y. 200 ; Bank of Genesee v. Patchin Bank, 13 N. Y. 309 , 19 N. Y. 312 ; Bank v. Clark, 139 N. Y. 307 , 34 N. E. 908 .

Schieffelin v. Komfort

86 Misc. 678 · New York Supreme Court · Aug 15, 1914

Boren v. Smith, 47 Ill. 482 ; People ex rel. Wheaton v. Wiant, 48 id. 263; Dickey v. Reed, 78 id. 261; Sweatt v. Faville, 23 Ia. 321 ; Gibson v. Board of Supervisors of Trinity Co., 80 Cal. 359 ; Ellingham v. Dye, 99 N. … Deister v. Wintermute, 194 N. Y. 99 ; People ex rel Stapleton v. Board, etc., 199 id. 175 ; People ex rel. Judson v. Thacher, 55 id. *691 525; People ex rel. Smith v. Pease, 27 id. 45; People v. Cook, 8 id. 67.

Clark v. Durland

13 N.Y. St. Rep. 427 · New York Supreme Court · Jan 23, 1888

This is-illustrated by the case of Turner v. … A similar doctrine is expressed in Sander v. Hoffman, 64 N. Y., 248 ; and in Lee v. Ehrhart, 19 Law Times, N. S., 637; and Brown v. Davis, 9 Hun, 44 .

Collins v. Kelly

37 Misc. 3d 377 · New York Supreme Court · Dec 8, 2011

(Meyer v Board of Trustees of N.Y. … Maldonado v Kelly, 86 AD3d at 519; Matter of Kelly v Kelly, 82 AD3d 544 [2011]; Matter of Casiano v Brown, 209 AD2d 182, 183 [1st Dept 1994].)

Board of Ethics v. Temporary State Commission to Make a Study of Governmental Operation

70 Misc. 2d 737 · New York Supreme Court · Jul 10, 1972

to the Board of Ethics by the Administrator of the Housing and Development Administration. … Although the material the respondent commission subpoenaed has had publicity, such publicity came from the individual person who consulted the Board of Ethics, and not from the board itself.

People ex rel. Kenna v. Adams

36 N.Y.S. 280 · New York Supreme Court · Dec 2, 1895

BROWN, P. J. The relator, during the year 1894, was the register of the county of Kings, and as such caused certain conveyances and mortgages recorded in his office to be lexicographically indexed. … The second contention of the respondent is that no funds have been provided by the board of estimate of the city of Brooklyn and *282 county of Kings for the payment of the work.

Delamater v. Byrne

59 How. Pr. 71 · New York Supreme Court · Nov 15, 1879

Murray, 18 John., 400 ; Browne agt. Witt, 19 Wend., 475 ). … V., 626), and a householder under the Code, for the purpose .of bail.

Ingram & Greene, Inc. v. Wynne

47 Misc. 2d 200 · New York Supreme Court · Jun 22, 1965

(See John Kennedy & Co., Inc. v. New York World’s Fair 1939, 260 App. Div. 386, 389-390 , supra.) A mechanic’s lien may attach to a leasehold interest in privately-owned real estate. (See Knapp v. Brown, 45 N. … Mechanics’ liens were unknown at common law (see Billson Housing Corp. v.

In re the Arbitration between Digeorgia & American Federation of Musicians

17 Misc. 2d 343 · New York Supreme Court · Mar 16, 1959

As a motion to vacate is merely a step in the arbitration proceedings (S hine’s Restaurant v. Waiters & Waitresses Union, Local No. 1, 113 N. Y. … According to the union’s by-laws, the arbitration tribunal was the union’s executive board. Petitioner claims that this is not a fair tribunal.

President of the Bank of Rochester v. Jones

4 Denio 489 · New York Supreme Court · May 15, 1847

Pl. 7th Am. ed. p. 170; 2 Saund. 47 a, note 1; Browne on Actions at Law, 426; Dillenback v. Jerome, 7 Cowen, 294; Hotchkiss v. McVickar, 12 John. 403 .) … (Grosvenor v. Phillips, 2 Hill, 147 .)

Dwyer v. McTygue

137 Misc. 2d 18 · New York Supreme Court · Sep 24, 1987

Brown, J. … The subdivision, originally containing 19 lots, was approved by the City of Saratoga Springs Planning Board on September 7, 1967, when subdivision regulations adopted in 1963 were in effect.

Gillenson v. Happiness Is Camping, Inc.

14 Misc. 3d 240 · New York Supreme Court · Nov 8, 2006

The Fair Lawn Board of Education arranged the school outing. Defendant HIC commenced a third-party action against Fair Lawn Board of Education, seeking indemnification and/or contribution. … (Economos v Zizikas, 18 AD3d 392, 393 [2005].) Additionally, the need to apply foreign law is an appropriate concern on a forum non conveniens motion. (Fox v Fusco, 4 AD3d 313 [2004]; Brown v Dataw Is.

People ex rel. New York, New Haven & Hartford Railroad v. Board of Railroad Commissioners

39 Misc. 1 · New York Supreme Court · Oct 15, 1902

The board of railroad commissioners have so certified with respect to the proposed road of the Hew York & Portchester Eailroad. … The relator has sued out a writ of certiorari to review the action of the board in granting such certificate, and the board has made this motion for an order modifying the writ so as not to require it to make return of any

New York Automobile Co. v. Franklin

49 Misc. 8 · New York Supreme Court · Dec 15, 1905

The three upon which the greatest stress is laid are Keokuk Packet Co. v. Davidson, 95 Mo. 467 ; Averill v. Barber, 6 N. Y. Supp. 258 ; and Blake v. Buffalo Creek R. R. Co., 56 N. Y. 485 . In Keokuk v. … In Averill v.

Thomas v. Lord

174 Misc. 2d 461 · New York Supreme Court · Jul 8, 1997

These provisions of New York law manifest the importance which our State attaches to the free exercise of religious beliefs, a liberty interest which has been called a 'preferred right’ (Matter of Brown v McGinnis, 10 NY2d … (Matter of Brown v McGinnis, supra, at 536.) There is a portion of Correction Law § 610 that is directly applicable to the issues in this case.

People ex rel. Erie R. R. Co. v. Woodbury

70 Misc. 261 · New York Supreme Court · Jan 15, 1911

Brown, J. … Co. v. Dash, 125 N. Y. 93 , held that the words “ in ” and “ upon ” were synon-omous with “ across ” in defining the place of a railroad crossing a highway; and in Metropolitan St. R. Co. v. State Board, 174 N.

Miramax Films Corp. v. Motion Picture Ass'n of America, Inc.

148 Misc. 2d 1 · New York Supreme Court · Jul 19, 1990

Co. v Board of Elections, 98 AD2d 635 ; Matter of Kayfield Constr. Corp. v Morris, 15 AD2d 373 ). … to be wrongful, the court believes petitioners need offer evidence of clear and intentional discrimination (see, Matter of Di Maggio v Brown, 19 NY2d 283 ). Petitioners have failed to do so.

Williams v. Post

11 Mills Surr. 441 · New York Supreme Court · Nov 7, 1913

The grandchildren were Jacob Levi Brown and Mary Elizabeth Brown, and they were then five and seven years of age respectively. … (Eckersley v. Curran, supra; Priester v. Hohloch, 70 App. Div. 256 ; Dunning v. Ocean Nat. Bank, 61 N. Y. 497 ; Corley v. McElmeel, 149 id. 228; Matter of Monroe, 142 id. 484.)

Devine v. Osmann

164 Misc. 665 · New York Supreme Court · Oct 18, 1937

Karns v. Porter, 176 App. Div. 330 .) (g) Exhibit 28 was properly counted by the board of elections, over the objection of candidate Osmann. … (See Matter of Brown, per Daly, J., N. Y. L. J. Sept. 24, 1937, p. 816.)

People ex rel. Bradley v. Shaw

19 N.Y.S. 302 · New York Supreme Court · May 19, 1892

This is an appeal from an order made at a special term, upon the relation of Henry'Bradley and others, directing a peremptory mandamus to issue against the defendants and appellants, composing the board of town canvassers … presents greater difficulties. ■ The votes cast for such candidate for excise commissioner cannot be counted for him, because not upon a ticket legally indorsed, as an excise ballot, as held by this court in the case of People v.