Case law

Rein v. Wagner

49 Misc. 2d 683 · New York Supreme Court · Jun 3, 1965

Y. 692 ; Brown v. Bendix Aviation Corp., 76 N. Y. S. 2d 422, affd. *687 274 App. Div. 1049 ; see, also, Matter of King Metal Prods., v. Workman’s Compensation Bd., 20 A D 2d 565; cf. Evans v. … Brown Bros. Co., 208 N. Y. 90 ; Gillet v. Bank of America, 160 N. Y. 549 ; Wilson & English Constr. Co., v. New York Cent. R. R., Co., 240 App. Div. 479 ).”

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

Owens v. Hanse

51 Misc. 2d 471 · New York Supreme Court · Aug 15, 1966

of the Town of Babylon (hereinafter referred to as the Town Board) and the Board of Fire Commissioners of the Deer Park Fire District (hereinafter referred to as the Fire District). … [c]; Matter of Brown v. McMorran, 42 Misc 2d 211 ).

People ex rel. New York Central & Hudson River Railroad v. Board of Health of Seneca Falls

12 N.Y.S. 561 · New York Supreme Court · Jan 23, 1891

Id. § 2122; Stone v. Mayor, 25 Wend. 167 . … It was similarly attempted to be raised in the case of Board of Health v. Heister, 37 N. Y. 661 . But such folly cannot be ascribed to it.

Albini v. Stanco

61 Misc. 2d 813 · New York Supreme Court · Dec 12, 1968

In Brown v. Bullock ( 32 Misc 2d 111 ) the court ordered that a voluntary discontinuance be “ with prejudice ” and indicated that it would have the effect of permanently preventing another suit. In Van Aalten v. … (Matter of Smith v. Hartman, 208 Misc. 880, 885 ; Matter of Suffolk Pines v. Harwood, 14 Misc 2d 826, 828 ; see, also, Matter of Hall v. Leonard, 260 App. Div. 591 and Church v. Town of Islip, supra, p. 259).”

People ex rel. National Exchange Bank v. Stupp

2 N.Y.S. 537 · New York Supreme Court · Oct 19, 1888

People v. Brown, 55 N.Y. 180 . … People v. Board, 64 N. Y. 600 ; People v. Wendell, 71 N. Y. 171 .

Warner v. Ross

9 Abb. N. Cas. 385 · New York Supreme Court · Oct 15, 1880

I refer to these authorities as bearing upon and discussing the whole question: United States v. Fingly, 5 Pet. 115 ; United States v. Law, 15 Id. 287; United States v. Hudson, 10 Wall. 395 ; Board of Education v. … The reasoning of Folger, J., in Board of Education v. Fonda, 77 N.

Ronning v. Thompson

130 Misc. 2d 101 · New York Supreme Court · Aug 6, 1985

Brown, J. By a prior decision of this court, the Zoning Ordinance of the Town of Bolton was determined to be invalid, and the condominium proposed by the petitioners was found to be subject to subdivision approval. … (On reargument, October 18,1985) By notice of motion and supporting papers, the petitioners move to reargue that portion of a decision of this court, dated January 4, 1985, which found that the Town of Bolton Planning Board

Overton v. President & Board of Trustees of the Village of Olean

44 N.Y. Sup. Ct. 47 · New York Supreme Court · Jun 15, 1885

The village, through the president and board of trastees, as commissioners of highways, may bring an action for that purpose with a view to the preservation of the street. (Laws 1855, chap. 255; Osborn v. I. C. and A. … Jur., § 1095 ; Davenport v. Dows, 18 Wall., 626 ; Everingham v. Vanderbilt, 51 How., 177 ; Greaves v. Gouge, 52 id., 58; affirmed, 69 N. V., 154; Bate v.

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 .

O'Gara v. Joseph

202 Misc. 28 · New York Supreme Court · Jul 9, 1952

Brown, J. … Lodes v. Department of Health, 189 N. Y. 187 ). There, the court said, at page 192: “ In the case of Metropolitan Board of Excise v. Barrie ( 34 N.

Augat v. Dowling

161 Misc. 2d 225 · New York Supreme Court · May 20, 1994

(Matter of Pell v Board of Educ., 34 NY2d 222 , 231.) The court does not and need not find that due process hearings are required in every licensing situation. … It appears that under New York law a doctor, a jockey, a baker, a payroll guard, a tow truck driver (Matter of Brown v Murphy, 34 Misc 2d 151 ), a garbage man, and a boiler engineer have a constitutionally protected interest

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 .)

People ex rel. Williamsburgh Gas-Light Co. v. Board of Assessors

23 N.Y. Sup. Ct. 196 · New York Supreme Court · Dec 15, 1878

The counsel for the relator cites the cases of Bailey v. R. Co. ( 22 *198 Wall., 604 ), and Brown v. … Co. v. Supervisors of Erie, 4 Comst., 442; People v. Supervisors, 4 Hill, 20 ; Bank of Utica v. City of Utica, 4 Paige, 399 ; People v. Supervisors of N. Y., 18 Wend., 605 .)

People ex rel. New York Central & Hudson River Railroad v. State Board of Tax Commissioners

80 Misc. 557 · New York Supreme Court · May 15, 1913

People ex rel. Payne v. Board of Education of Union Free School District No. 1

44 N.Y. Sup. Ct. 643 · New York Supreme Court · Sep 15, 1885

Mercantile Trust Co. v. Atlantic Trust Co.

33 N.Y.S. 252 · New York Supreme Court · Apr 11, 1895

It is urged that this contract is one which the officers of the corporation could not execute without the authority of the board of trustees. … People v. Brown, 55 N. Y. 180 .

Perry v. Lansing

24 N.Y. Sup. Ct. 34 · New York Supreme Court · Jan 15, 1879

The more important and difficult objection relates to the charge of the learned judge on the subject of concurrent negligence of the plaintiff and those on board of the tug Bliss. … An intimation to the contrary, in Brown v. N. Y. C. R. R. Co. (32 id., 602) is obiter and explained in Robinson v. N. Y. C. and H. R. R. R. Co. (supra). The case of Armstrong v. Lancashire, etc., R. R. Co. (12 Eng. Rep.

Weller v. Hersee

17 N.Y. Sup. Ct. 431 · New York Supreme Court · Apr 15, 1877

(Ross v. Sadgbeer, supra.) … In Draper v. Snow ( 20 N.

J. Friedman Construction Co. v. North Lake Estates, Inc.

13 Misc. 2d 823 · New York Supreme Court · Jul 7, 1958

(Raleigh Associates v. Henry, 302 N. Y. 467, 473 .) Nor may the courts make a new contract for the parties under the guise of interpreting the writing. (Brown v. Manufacturers Trust Co., 278 N. Y. 317, 324 ; Friedman v. … (Barrand v. Quinn, 277 App. Div. 938 , affd. 302 N. Y. 744 .)