Case law

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 ).

Budd v. Jackson

26 How. Pr. 398 · New York Supreme Court · Dec 15, 1863

By the court, Brown, Justice. … mentioned in the complaint, $400 for principal, with the interest thereon from May 4th, 1862 ; third, that the plaintiff was indebted to the defendant at the time of the commencement of the action in the sum of $48 for board

Time Warner Entertainment Co., L.P. v. State Board of Real Property Services

196 Misc. 2d 211 · New York Supreme Court · May 15, 2003

(hereinafter, the State Board). … burdensome (see, Blank v Schafrann, 180 AD2d 886, 887-888 [3d Dept 1992]; Lemer v 300 W. 17th St.

D & D Carting Co. v. City of New York

172 Misc. 2d 544 · New York Supreme Court · Apr 10, 1997

Decisions of administrative agencies are not to be disturbed absent a showing that the agency’s determination was arbitrary and capricious, or lacked a rational basis (Matter of Pell v Board of Educ., 34 NY2d 222 , 230-231 … Accordingly, it is ordered and adjudged that the petitions in Green Bay Sanitation Corp. v City of New York (101890/97), O’Brien Sanitation Corp. v City of New York (101891/97), and D&D Carting Co. v City of New York (101892

Sora v. Kelly

8 Misc. 2d 466 · New York Supreme Court · Oct 7, 1957

Any other interpretation would result in the court making a new contract for the parties under the guise of interpretation of the writing, which the court may not do (Heller v. Pope, 250 N. Y. 132, 135 ; Brown v. … Div. 200 ; also, see, Dethloff v. Voit, 172 App. Div. 201 ; Chesebro v. Moers, supra).

King v. Phillips

1 Lans. 421 · New York Supreme Court · Oct 15, 1868

(Mumford v. Brown, 1 Wend., 52 .) In cases within the second class, one tenant in common cannot enter and occupy, with or without force, so long as his co-tenant is in the actual possession. (Erwin v. … occupied it for piling boards upon; and that defendant entered and removed plaintiff’s boards, as he -lawfully might.

Persch v. Allison

32 N.Y.S. 885 · New York Supreme Court · Mar 5, 1895

BROWN, P. J. … *886 agreement by the representations of the defendant that said company was “the owner, licensee, patentee, and had control of the necessary patents to use and operate automatic telephone exchanges by automatic switch boards

Foote v. Lee

175 Misc. 60 · New York Supreme Court · Oct 21, 1940

Brown, give their respective residences at the time of their last registration as the village of South Kortright. … Notwithstanding Matter of Wood v. Board of Elections ( 247 App.

Martin v. Bigelow

36 Misc. 298 · New York Supreme Court · Nov 15, 1901

Pirie v. Chicago T. & T. Co., 182 U. S. 438 . … Duncan v. Landis, 5 Am. Bank. Rep. 649-674.

Kretschmann v. Board of Education of the Corning Painted Post School District

187 Misc. 2d 246 · New York Supreme Court · Jan 31, 2001

In the earlier action Kretschmann v Board of Educ. ( 184 Misc 2d 535 [Sup Ct, Steuben County 2000]), the plaintiff’s complaint against the defendant, Stetson-Dale, was dismissed *248 based on plaintiffs failure to comply … The third case cited in Rogan v Sear-Brown Group (supra) was Yonkers Contr. Co. v Port Auth. Trans-Hudson Corp. ( 93 NY2d 375 [1999]).

People v. Morales

87 Misc. 2d 675 · New York Supreme Court · Jun 2, 1976

This view is in accord with the approach taken in other jurisdictions (see Commonwealth of Pennsylvania v Kalck, 239 Pa 533; Commonwealth of Massachusetts v Brown, 167 Mass 144; Matter of Lee, 177 Cal 690; State of Ohio ex … Adams, 176 NY 351 , supra; Commonwealth v Kalck, supra; Commonwealth v Brown, supra).

Manufacturers & Traders Trust Co. v. Tommell

163 Misc. 2d 526 · New York Supreme Court · Nov 29, 1994

v Brown, 115 AD2d 523 , Iv denied 67 NY2d 607 ). … Bank v Seventy-Nine Columbia St., 197 AD2d 816 ). Defendant Tommell produces no evidence controverting plaintiff’s claim that the mortgagors are in default in making their monthly payments.

Beesting v. Medical Appeals Unit of the Industrial Council of the Workmen's Compensation Board

190 Misc. 159 · New York Supreme Court · Sep 24, 1947

Petitioner seeks an order pursuant to article 78 of the Civil Practice Act to vacate a determination of the Medical Appeals Unit of the Industrial Council of the Workmen’s Compensation Board of the State of New York which … (Matter of Sacharoff v. Corsi, 296 N. Y. 927 ; Matter of Blumenthal v. Corsi, 296 N. Y. 930 ; Matter of Serman v. Corsi, 296 N. Y. 931 .)

Spitzer v. Village of Fulton

33 Misc. 257 · New York Supreme Court · Dec 15, 1900

It may enact that the electors of a village may determine what parts of the General Village Law shall apply to their village (Bank of Chenango v. Brown, 26 N. … Scott v. Twombly, 20 Misc. Rep. 652 . The act is constitutional. Bank of Rome v. Village of Rome, 18 N. Y. 38 ; Bank of Chenango v. Brown, 26 id. 467; Smith v. Proctor, 130 id. 319.

United Traction Co. v. Smith

115 Misc. 73 · New York Supreme Court · Mar 15, 1921

In the case of Public Service Commission v. Hurtgan, 91 Misc. Rep. 432 at page 435, Mr. Justice Brown graphically outlines the cases in which a license must be obtained. … Co. v. Whalen, 191 App.

Hornell Country Club, Inc. v. Town of Hornellsville Board of Assessment Review

182 Misc. 2d 687 · New York Supreme Court · Nov 16, 1999

INTRODUCTION This may well be the first time a court has been asked to review a decision by a Board of Assessment Review (B.A.R.) in which the B.A.R. refused to ratify a stipulation entered into between the property owner … (Press v County of Monroe, 50 NY2d 695 [1980].) Accordingly, the respondent’s motion to dismiss the petition based on the Statute of Limitations defense is denied.

Dollard v. Bowdoin

148 Misc. 42 · New York Supreme Court · May 27, 1933

March v. Beam, 117 App. Div. 374 ; modfd., 188 N. Y. 266 .) … Brown v. Board of Supervisors, 216 N. Y. 732 .)

Wilson v. Commercial Telegram Co.

3 N.Y.S. 633 · New York Supreme Court · Sep 17, 1888

Brown, J. … Bryant v. Telegraph Co., 17 Fed. Rep. 825; Stock Exchange v. Board, 15 Fed. Rep. 847; Stock Exchange v. Telegraph Co., 22 Fed. Rep. 25.

Empire State Savings Bank v. Beard

88 N.Y. Sup. Ct. 184 · New York Supreme Court · Oct 15, 1894

Juris. §§ 1091, 1094; 1 Perry on Trusts [3d ed.], § 207; Charitable Corporation v. Sutton, 2 Atk. 405; 9 Mod. 349; Joint Stock Discount Co. v. Brown, L. R. [8 Eq.] 381; Bank v. Hill, 56 Maine, 385; 96 Am. … (Brinckerhoff v. Brown, 6 Johns. Ch. 139 : Brinckerhoff *194 v. Bostwick, 105 N. Y. 567, 571 ; New York & N. H. R. R. Co. v. Schuyler, 17 id. 592 .)

Marsh v. Adams

171 Misc. 414 · New York Supreme Court · May 23, 1939

Thus the street would be thrown open to retail stores (Moubray v. G. & M. Improvement Co., supra), boarding houses (Smith v. Scoville, supra; Mischlich v. Lubin, 182 App. Div. 703 ; Gallon v. … (Rickerson v. Hartford Fire Ins. Co., 149 N. Y. 307 ; Kitching v. Brown, 180 id. 414, 420 .) The plaintiffs’ objection to defendants’ Exhibits A and B is overruled.