Case law

Webster Associates v. Town of Webster

112 Misc. 2d 396 · New York Supreme Court · Feb 18, 1981

. v County of Erie, 62 AD2d 1176, 1177 ; Sloane v Weber, 52 AD2d 1055). … Assn, v Burns, 372 F Supp 223 , affd 517 F2d lOll; Appalachian Mountain Club v Brinegar, 394 F Supp 105 ).

In re Freund

53 Misc. 354 · New York Supreme Court · Mar 15, 1907

Brown, who acted as secretary of said caucus and who cast the only ballot claimed to have been voted thereat, having voted at a previous caucus, viz.: the Democratic caucus held on the 19 th day of February, 1907, was estopped … our regular elections should be, and the act of the majority is the act of the committee, and where there are no rules governing the actions of the primary, it must be held to the same rules that at common law govern any board

Romulus Central School Faculty Ass'n v. Romulus Central School District Board of Education

77 Misc. 2d 1073 · New York Supreme Court · May 1, 1974

(Board of Educ. Union Free School Dist. No. 3, Town of Huntington v. … Y. v. Board of Higher Educ. of City of N. Y. (38 A D 2d 478, affd. 31 N Y 2d 926).

People ex rel. Hartford Life & Annuity Ins. v. Fairman

12 Abb. N. Cas. 252 · New York Supreme Court · Feb 15, 1882

Francis v. Common Council of Troy, 78 N. Y. 33 ; People ex rel. Vickerman v. Contracting Board, 46 Barb. 254 ; People ex rel. Belden v. Contracting Board, 27 N. Y. 384 ; Entick v. Carrington, 19 How. St. … Pr. 142 ; Brown v. Foster, *267 113 Mass. 136 ; McCarren v. McNulty, 7 Gray (73 Mass.) 139 ; Hart v. Hart, 22 Barb. 606 ; Tyler v. Ames, 6 Lans. 280 ; Spring v. Ansonia Clock Co., 24 Hun, 175 . Rapallo, J.

People v. Taylor

114 Misc. 2d 680 · New York Supreme Court · Jun 30, 1982

Nevertheless, the parties agreed that the former school building was not then being used as such; that it had been closed for almost two years; that windows were broken or were boarded up; that a gymnasium floor was warped … 50 AD2d 750 ); bus terminal (People v Velazquez, 77 Misc 2d 749, 759); department store (Matter of Florette D., 58 Misc 2d 1093, 1097 , revd on other grounds 33 AD2d 1028 ); insurance broker’s office (People v Brown, 25 NY2d

Jackson ex dem. Neilson v. M'Vey

18 Johns. 330 · New York Supreme Court · Oct 15, 1820

(Brandt v. Klein, 17 Johns. Rep. 335.) That case decides, also, that the confession of Brown, one of the lessors, was evidence against all the lessors, as he could not be called on to testify. … The mortgage from Duncan Dove to Duncan Brown, given in the year 1753, was proved by the admissions of, S. W. Brown, one of the lessors, to cover the premises.

Russo v. Hults

45 Misc. 2d 807 · New York Supreme Court · Apr 7, 1965

(Brown v. University of State of N. Y., 242 App. Div. 85 , affd. 266 N. Y. 598 , supra; Matter of Meit v. P. S. & M. Catering Corp., 285 App. Div. 506 , supra; Matter of Small v. Moss, 279 N. … (Board v. O’Brien, 277 App. Div. 253 , 257, affd. 302 N. Y. 890 .) In Matter of Picone v. Commissioner of Licenses ( 241 N. Y. 157 ) and Larkin Co. v. Schwab ( 242 N.

A. O. Andersen & Co. v. Lamborn

112 Misc. 235 · New York Supreme Court · Jun 15, 1920

Brill v. Tuttle, 81 N. Y. 454 ; Hibbs v. Brown, 190 id. 167; Muller v. Kling, 209 id. 239; Foley v. New York Sav. Bank, 157 App. Div. 868 ; *238 Hofferberth v. Duckett, 175 id. 480. … Brill v. Tuttle, supra, 460 .

Dows & Car v. Cobb

12 Barb. 310 · New York Supreme Court · Dec 1, 1851

In the case of Brown v. … P., Stanton v. Eager, 16 Pick. 467 .) In the case of Walley v.

Sheldon v. Chappell

54 N.Y. Sup. Ct. 59 · New York Supreme Court · Jan 15, 1888

Sonley v. The Clock Makers’ Company (1 Brown’s Ch. R., 81), is a case precisely in point. … In De Barante v.

Griggs v. Griggs

66 Barb. 287 · New York Supreme Court · Jan 7, 1873

(See Supervisor of Galway v. Stimson, 4 Hill, 136 ; Gould v. Glass, 19 Barb. 184 ; Looney v. Hughes, 30 id. 611-12, to the same effect.) 2. … It was so held in Brinkerhoff v. Brown, (6 John. Ch. 139, 158.) This rule was approved in the court of errors, in Fellows v.

People v. Golding

55 Misc. 425 · New York Supreme Court · Jul 15, 1907

Action ¡No. 1 is an action in ejectment brought to recover possession of a piece of land bordering on the west shore of Baqnette lake northerly of Brown’s *427 Tract inlet. … Rich v. Braxton, 158 H. S. 375;. People ex rel. Barnard v. Wemple, 117 N. Y. 85 . The tax was never extended by the board of supervisors. This rendered the roll and the warrant fatally defective.

Clendaniel v. Tuckerman

17 Barb. 184 · New York Supreme Court · Sep 5, 1853

Brown, ( 15 John. 89 ,) referring to this class of cases, says,- “ If the consignee1 would not take charge of the goods, the carrier ought to have secured them on board his vessel, Or in some other place of safety, and that … Horn v. Bensusan, 9 Carr, & P. 709. Kell v. Anderson, 10 Mees, & W. 498.) In Evans v.

Port Jervis City School District v. New York State Public Employment Relations Board

68 Misc. 2d 1065 · New York Supreme Court · Feb 4, 1972

The Fourth Department in Board of Educ., Cent. School Dist. No. 1 of Town of Grand Island v. … (Matter of Tischler v. Board of Educ. of Monroe Woodbury Cent. School Dist., 37 A D 2d 261, 264).

Chase Manhattan Bank v. New Hampshire Insurance

193 Misc. 2d 580 · New York Supreme Court · May 23, 2002

Subsequently, AXA asserted claims against, inter alia, Stirling Cooke Brown Reinsurance Brokers Ltd. (the broker), and Sawtantar Sharma (the broker’s employee) and Stirling Cooke Brown Holdings, Ltd. … In view of Odyssey Re {London) Ltd. v Stirling Cooke Brown Holdings Ltd. ( 85 F Supp 2d 282 [SD NY 2000], affd 2001 WL 46565 , 2001 US App LEXIS 744 [2d Cir 2001]), a case bearing remarkable similarities to the case at bar

Board of Education of Union Free School District No. 10 v. Pennsylvania Insurance

50 Misc. 2d 141 · New York Supreme Court · Feb 28, 1966

On the 43d day following the opening of bids the school board met and passed a resolution awarding the contract to Hassett. … The acceptance of bid indicated by that resolution must be communicated to the bidder by one authorized by the school board to act in such capacity (Johnston Heating Co. v. Board of Educ., 175 App.

Hasday v. Barocas

10 Misc. 2d 22 · New York Supreme Court · Jul 22, 1952

Salmon, supra; May v. Hettrick Bros. Co., 181 App. Div. 3 , affd. 226 N. Y. 580 ; Brown v. Leach, 189 App. Div. 158 ). But “ a mere community of interest ” (Porter v. … Both the plaintiff Hasday and the defendant Barocas had representation on the board of directors. In fact the plaintiff had three representatives on the board to the defendants’ two.

Rabouin v. Metropolitan Life Insurance

182 Misc. 2d 632 · New York Supreme Court · Nov 9, 1999

(Uhlman v New York Life Ins. Co., 109 NY 421 [1888]; Greeff v Equitable Life Assur. Socy., 160 NY 19 [1899]; see also, Equitable Life Assur. Socy. v Brown, 213 US 25 [1909].) … MetLife also relies heavily on the “business judgment rule,” which shields from judicial scrutiny most decisions of a corporate Board of Directors. (See, Auerbach v Bennett, 47 NY2d 619 [1979].)

Smalls v. White Plains Housing Authority

34 Misc. 2d 949 · New York Supreme Court · Mar 16, 1962

The court is of the opinion that this section is not applicable to the White Plains Housing Authority, which is a municipal corporation and not a department, board, bureau, office, authority or commission of the State. … Lodes v. Department of Health of the City of N. Y., 189 N. Y. 187 ; Matter of Browne v. Rice, 171 Misc. 695 , affd. 259 App. Div. 847 , appeal dismissed 283 N. Y. 684 ; Matter of Lerner v. Casey, 138 N. Y.

People v. Regan

110 Misc. 2d 12 · New York Supreme Court · Jul 17, 1981

(CPL 30.30, subd 4; People v Hamilton, 46 NY2d 932, 933 , supra; People v Washington, 43 NY2d 772, 773 ; People v Dean, 45 NY2d 651, 656 ; People v Brothers, 50 NY2d 413, 416 .) … (See People v Byrnes, 33 NY2d 343 ; People v Epps, 37 NY2d 343 .)