Case law

People ex rel. Sage v. Schuyler

24 N.Y. Sup. Ct. 106 · New York Supreme Court · Jan 15, 1879

(Smith v. People, 47 N. Y., 330 ; People v. Lord; People v. Stephens; People v. Leahy, MSS. opinions, Ct. of App.) … (People v. Lord, Ct. of App., Jan., 1878; 17 Alb. L. J., 273; People v. Stephens, 51 How., 235 ; People ex rel Williams v. Dayton, 55 N. Y., 367 ; Brown v. Mayor of N. Y., 63 id., 239; Nelson v. Mayor, etc. of N.

Klapper v. Shapiro

154 Misc. 2d 459 · New York Supreme Court · Apr 24, 1992

(Duboff v Board of Higher Educ., 34 AD2d 824 .) Statements of legal conclusion, even if inconsistent, are permissible. (River House Realty Co. v Lico Contr., 172 AD2d 426 ; CPLR 3013, 3014, 3026.) … (Hansen v Morgan, supra; St. Paul Guardian Ins. Co. v John *466 son, supra; Comeaux v Brown & Williamson Tobacco Co., supra.)

United Civic Associations & Neighbors, Inc. v. Planning Board of Clifton Park

153 Misc. 2d 906 · New York Supreme Court · Mar 31, 1992

Brown, J. … (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406 .) Mr. Hunter resides .10 miles from the proposed project. Mr. Boynton resides .15 miles from the proposed project.

In re McVann

96 Misc. 2d 879 · New York Supreme Court · Jun 16, 1978

(Matter of Ochs v Washington Hgts. Fed. Sav. & Loan Assn., 17 NY2d 82 .) When State courts deal with the internal affairs of Federal Savings and Loan Associations they apply Federal law. (Murphy v Colonial Fed. … Federal Home Loan Bank Board regulations have the force and effect of a statute. (City Fed. Sav. & Loan Assn. v Crowley, 393 F Supp 644 .)

New York State Labor Relations Board v. Mill Road Live Poultry Market, Inc.

182 Misc. 556 · New York Supreme Court · Nov 13, 1943

The credibility of evidence is for the Board. (National Labor Relations Bd. v. Western Cartridge Co., 138 F. 2d 551 .) “* * * the duty of weighing the evidence and making the choice rests solely upon the Board.” … (Matter of Stork Restaurant, Inc., v. Boland, 282 N. Y. 256, 267 .) And the matter of respondents’ intent is not the crucial issue. (National Labor Relations Bd. v. Hudson Motor Car Co., 128 F. 2d 528, 533 .)

Board of Education of Union Free School District No. 3 v. Ace Test Boring, Inc.

47 Misc. 2d 864 · New York Supreme Court · Sep 23, 1965

(Bloom v. New York City Tr. Auth., 20 A D 2d 687; Garcia v. New York City Tr. Auth., 19 A D 2d 530; Williams v. New York City Tr. Auth., 43 Misc 2d 949 .) … [d]; Baczmaga v. Reynolds, 44 Misc 2d 997 ). However, the work orders and other papers referred to are obviously too great in number and complex in detail to permit production now.

People ex rel. Navarro v. Green

2 Thomp. & Cook 62 · New York Supreme Court · Oct 15, 1873

Brown v. Green, 43 N. … Brown v. Green, supra.

Goldin v. Board of Education of Central School District No. 1

78 Misc. 2d 972 · New York Supreme Court · Dec 27, 1973

This case is unlike the situation in Puentes v. Board of Educ. of Union Free School Dist. … For reasons stated in Matter of Jerry v. Board of Educ. of City of Syracuse ( 75 Misc 2d 461 ) the constitutional contention is overruled (cf., also, Matter of Stewart v. Parker, 41 A D 2d 785, 786).

Smith v. Anchorage Associates

131 Misc. 2d 622 · New York Supreme Court · Feb 25, 1986

motion by defendant Suffolk County Department of Health Services (Suffolk County) to dismiss the complaint for failure to state a cause of action, together with the cross motion by defendants Town of Babylon, Noto, Dalcol, Brown … Assoc. v Mayor of Bass Riv.

Robinson v. Supreme Commandery

38 Misc. 97 · New York Supreme Court · May 15, 1902

Ripley v. Ætna Ins. Co., 30 N. Y. 136 ; Foot v. Ætna Life Ins. Co., 61 id. 571; Clemans v. Supreme Assembly, 131 id. 485; Foley v. Royal Arcanum, 151 id. 196. Plaintiff relies ripon the case of Fitch v. American Pop. … Wormser v. Brown, 149 N. Y. 163 ; People v. Industrial Benefit Assn., 92 Hun, 311 .

People ex rel. Jamaica Water Supply Co. v. State Board of Tax Commissioners

65 Misc. 630 · New York Supreme Court · Jan 15, 1910

A writ of certiorari was heretofore issued in this proceeding to review the action of the State Board of Tax Commissioners in assessing the special franchises of the relator in the borough of Queens, city of ¡New York, county … of Tax Commissioners with respect to said assessment, and remitting the matter to the State board for further consideration and new assessment.

Board of Education of Roslyn Union Free School District v. Nyquist

90 Misc. 2d 955 · New York Supreme Court · May 6, 1977

As previously indicated, if the commissioner’s action has a rational basis, it must be sustained (Matter of Pell v Board of Educ., supra). … irrational or unreasonable, should be upheld (Matter of Lezette v Board of Educ., supra, p 281).

Burkart v. Board of Fire Commissioners of East Meadow Fire District

26 Misc. 2d 21 · New York Supreme Court · Nov 22, 1960

Moreover, since the new petition is in substance merely an amendment of the prior petition the Statute of Limitations is inapplicable (Matter of McDermott v. Johnson, 1 Misc 2d 55 ; Donohue v. McGovern, 114 N. Y.

Robinson v. International Railway Co.

54 Misc. 163 · New York Supreme Court · Apr 15, 1907

Brown, J. … The complaint alleges that plaintiff boarded defendant’s car at Bryant street and Elmwood avenue in the city of Buffalo, paid his fare of five cents and, when the car reached Allen street, the defendant’s conductor asked

Walter v. Board of Education of Central School District No. 1

25 Misc. 2d 616 · New York Supreme Court · Aug 19, 1960

The decisions of the Commissioner are entitled to weight (Matter of Hill v. Board of Educ., 286 App. Div. 332, 338 , affd. 309 N. Y. 945 ; Matter of Savage v. … Board of Educ., 20 Misc 2d 98, 99 ; Matter of Restivo v. Degnan, 191 Misc. 642, 646 .) The petition is dismissed. As the respondents pleaded the four-month Statute of Limitations, a hearing was held. In Austin v.

Somerville v. City of New York

78 Misc. 203 · New York Supreme Court · Nov 15, 1912

McFarlane v. Kerr, 10 Bosw. 249 ; Consolidated Ice Co. v. City of New York, 166 N. Y. 92 -101. … Kingsland v. Chittenden, 6 Lans. 15 .

Construction Contractors Ass'n of Hudson Valley, Inc. v. Board of Trustees of Orange Community College

149 Misc. 2d 440 · New York Supreme Court · Jan 25, 1991

Indeed, the court in V. J. Gautieri, Inc. v County of Ontario (Sup Ct, Ontario County, index No. 76380, Reuben K. … (Gerzof v Sweeny, 16 NY2d 206 .)

Heimerle v. Village of Bronxville

168 Misc. 783 · New York Supreme Court · Jul 6, 1938

In Phillips v. Board of Appeals of Building Dept. of Springfield ( 286 Mass. 469 ; 190 N. … In Brown v.

In re the Arbitration between Duskin Sales, Inc. v. Rosenberg Bros.

38 Misc. 2d 210 · New York Supreme Court · Dec 20, 1962

The petitioner asserts that he and his attorney when they attended the arbitration on October 2 appeared only for the purpose of challenging the jurisdiction of the arbitration board. … Brown, 120 Misc. 349 ; Matter of Big-W Constr. Corp. [Horowitz], 24 Misc 2d 145, 156 , affd. 14 A D 2d 817).

Levine v. New York State Department of Social Services

106 Misc. 2d 496 · New York Supreme Court · Oct 21, 1980

, 220 US 506 ; Matter of Levine v Whalen, 39 NY2d 510 ; People v Klinck Packing Co., 214 NY 121 ; Matter of New York Edison Co. v Maltbie, 244 App Div 436 ; Brown v University of State of N. … Corp., 291 NY 19 ; Komar v Dun & Bradstreet Co., supra); add to the statute (Matter of Rosenbluth v Finkelstein, 300 NY 402 ; Matter of Cherry v Board of Regents of Univ. of State of N.