Case law

Rock v. Doerr

15 N.Y.S. 14 · New York Supreme Court · Jun 15, 1891

fences and the possession remained until 1882, when the defendant sawed off 6 inches of the plaintiff’s front fence, took up his corner post, and set another post 6 inches further to the east, and extended his own tight board … Baldwin v. Brown, 16 N. Y. 359 ; Reed v. Farr, 35 N. Y. 113 ; Eldridge v. Kenning, 12 N. Y. Supp. 693 , and the cases cited. We have examined the exceptions taken on the trial, and find none which vitiate the judgment.

New York Central & Hudson River Railroad v. Reeves

41 Misc. 490 · New York Supreme Court · Oct 15, 1903

Brinkerhoff v. Brown, 6 Johns. Ch. 156 . … In the ease in which the rule is asserted (Brinkerhoff v. Brown, 6 Johns.

People v. Jusino

11 Misc. 3d 470 · New York Supreme Court · Dec 16, 2005

(Correction Law § 168-n [3]; Doe v Pataki, 3 F Supp 2d 456 [SD NY 1998]; People v Arotin, supra; People v Dort, supra; People v Brown, 7 AD3d 831 [3d Dept 2004].) … (People v Brown, supra.) Moreover, the Guidelines are just that: factors which may serve as useful guides for the court as it assesses the offender’s risk of reoffending.

Irwin v. Possehl

143 Misc. 855 · New York Supreme Court · Jun 2, 1932

Deverell v. M. M. P. Union, 188 N. Y. 101 ; Kohler v. Klein, 39 Misc. 353, 354 .) * * * (Wachtel v. Noah Widows & Orphans’ Society, 84 N. … (Matter of Brown, 34 Misc. 556 ; affd., 176 N. Y. 132 ; Corregan v. Hay, 94 App. Div. 71 ; Fritz v. Knaub, 57 Misc. 405 .)” (Italic words in brackets are mine.)

People ex rel. Clarkson v. Nelson

26 How. Pr. 346 · New York Supreme Court · Dec 15, 1863

By the court, Brown, Justice. Clermont is one of the towns composing the county of Columbia, and the town of Bed Hook is a part of the county of Dutchess. … order laying out, or refusing to lay out, alter or discontinuing, or refusing to alter or discontinue a road or highway, their judgment and determination should be final, and equivalent in all respects to an order of one board

Dix v. Hozier

6 N.Y. St. Rep. 745 · New York Supreme Court · Feb 15, 1887

The note is produced and the contract for board is proven. The defendant was a competent witness, without any objection being made to him. … Brown v. Knapp, 79 N. Y., 136 . The undisputed proof is that he has no such balance.. The debts and expenses paid, including his own debt, exceed the sum received. , Judgment should, therefore, be affirmed, with costs.

People ex rel. Tracy v. Green

47 How. Pr. 382 · New York Supreme Court · Apr 15, 1874

The audit by the board of supervisors of a claim as a county charge will not have the legal effect of making it *383 one, whether it be so or not. Such a proposition could not be entertained for a moment. … board'of supervisors determines the amount of the debt due from the county, resulting from services rendered or goods furnished, Which relate to a county charge, their fiat is conclusive, inasmuch as they act judicially (Brown

People ex rel. Iroquois Gas Corp. v. Benning

148 Misc. 653 · New York Supreme Court · Aug 14, 1933

Co. v. Commissioners, 55 App. Div. 218 ; People ex rel. Brown v. O’Rourke, 31 id. 563). … interrupted for the purpose of having the court pass upon the materiality and pertinency of frequent questions would be to substitute the final *655 determination of the court in each instance for the intermediate right of the board

Town of Cheektowaga v. Peter

123 Misc. 458 · New York Supreme Court · Jun 15, 1924

Brown, J. … The board of health of the plaintiff were justified in adopting their resolution of August 27, 1921, declaring the proposed use of defendant’s lands for cemetery purposes to be a public nuisance.

Tom L. Lamere & Associates, Inc. v. City of Syracuse Board of Education

8 Misc. 3d 913 · New York Supreme Court · Jun 24, 2005

OPINION OF THE COURT John V. Centra, J. This lawsuit was commenced in 2002 and arises out of an alleged breach of a construction contract dated February 9, 2001. … (Solow v Grace & Co., 83 NY2d 303, 308 [1994].) The first issue that the court must determine, therefore, is whether defendants were former clients of Mr. Sheats.

Seymour v. Spring Forest Cemetery Ass'n

19 N.Y.S. 94 · New York Supreme Court · Apr 15, 1892

We recognize the force of the rule of equity referred to by the appellants’ counsel, and mentioned in the cases of Barnes v. Brown, 80 N. Y. 535 ; Munson v. Railroad Co., 29 Hun, 79 , 103 N. Y. 58 , 8 N. E. Rep. 355. … In Barr v.

Clarke v. Schell

31 N.Y.S. 1053 · New York Supreme Court · Jan 18, 1895

Brown. Subsequently a brother Robert and a sister Rose, were born in tMs city. In 1820, John P. … The undisputed evidence is that during his life he was accustomed to give liberal gratuities to the servants in the hotel where he boarded, and made liberal presents to those who served him.

Feller v. Mitchell

53 Misc. 486 · New York Supreme Court · Mar 15, 1907

In Davoue v. Fanning, 2 Johns. … See also People v. Open Board of Brokers, 92 N. Y. 98 . In Terwilliger v. Brown, 44 N. Y. 240 , Mr.

Board of Education of City School District v. Buffalo Teachers Federation, Inc.

192 Misc. 2d 400 · New York Supreme Court · Jul 19, 2002

is the ultimate arbiter of fact (see Matter of City of New York v Uniformed Fire Officers Assn., Local 854, IAFF, AFL-CIO, 95 NY2d 273 ). … The CBA defines a grievance as “a complaint * * * of a violation, a misapplication or a misinterpretation of this Contract, or of Board personnel policies” (CBA art V [B] [1]).

Eldridge v. Kenning

12 N.Y.S. 693 · New York Supreme Court · Jan 23, 1891

The case at bar seems to be precisely within the doctrine declared, per Selden, J., in Crary v. Goodman, 22 N. … In Baldwin v. Brown, 16 N. Y. 359 , it is said to be evidence of so conclusive a nature as to preclude evidence to the contrary; and in Reed v. Farr, 35 N.

Tonella v. Fishkill Rural Cemetery

135 Misc. 81 · New York Supreme Court · Oct 22, 1929

J. 63; Brown v. Hill, 284 Ill. 286 ; 119 N. E. 977 ; Schoonmaker v. The Minister, Elders, etc., 5 How. Pr. 265 .) In Mitchell v. Thorne ( 134 N. … (Brown v. Hill, supra; Birch v. Birch, 123 Misc. 229 .)

Board of Education of Brookhaven-Comsewogue Union Free School District v. Port Jefferson Station Teachers Ass'n

88 Misc. 2d 27 · New York Supreme Court · Aug 10, 1976

In this State, it has been held that at least some subjects of a municipal labor agreement must be limited to "a reasonable period of time” (Matter of Burke v Bowen, 40 NY2d 264 ; see, also, Matter of Board of Educ. v Yonkers … The board’s plea that the district faces a financial crisis is a matter for the arbitrator rather than the court (see Matter of Board of Educ. v Yonkers Fed. of Teachers, 40 NY2d 268 , supra).

Roberts v. Gee

15 Barb. 449 · New York Supreme Court · Jan 3, 1853

(Kelsey v. Bush, 2 Hill, 440 . Garey v. Nicholson, 24 Wend. 351 .) … Barculo, Brown and S. B. Strong, Justices.]

Battista v. Power

29 Misc. 2d 711 · New York Supreme Court · Oct 6, 1961

With respect to the first relief there are two groups of parties who are necessary parties: the Board of Elections and the objectants. … Y. 681 ) and also recently in Matter of King v. Cohen ( 293 N. Y. 435 ).

Leemhuis v. State

155 Misc. 2d 531 · New York Supreme Court · Sep 28, 1992

Additionally, the Board of Elections determined that the independent nominating petition was invalid. … Monahan, 42 NY2d 1074 ; Matter of Irvin v Sachs, 129 AD2d 827 ; Matter of Sheehan v Aylward, 84 AD2d 602 ).