Case law

Greiner-Maltz Co. v. Stevens

66 Misc. 2d 79 · New York Supreme Court · Mar 24, 1971

(North Shore Bottling Co. v. Schmidt & Sons, 22 N Y 2d 171. See, also, Bashlin v. 2682 Broadway, Inc., 179 Misc. 1040 ; Brown, Wheelock, Harris, Vought & Co. v. One Park Ave. Corp., 134 Misc. 313 .) … (Shapiro v. Bromberg, 198 Misc. 213 ; Schwartz v. Mayer, 198 Misc. 210 .)

Culverhouse v. Cooke Center for Learning & Development, Inc.

177 Misc. 2d 365 · New York Supreme Court · May 6, 1998

Culverhouse attributes this friction to the alleged “self-interest” of Robarás and other Cooke Board of Directors (Board) members who had children enrolled at Cooke. … (Beattie v Brown & Wood, 243 AD2d 395 [1st Dept 1997]; Herman v Greenberg, 221 AD2d 251 [1st Dept 1995].)

Cannata v. City of New York

24 Misc. 2d 694 · New York Supreme Court · Jun 28, 1960

On April 22, 1959 the Board of Estimate designated the Urban Renewal Board as the appropriate agency to carry out all activities authorized or required to be undertaken under section 72-n with respect to the designated project … Brown v. United States, 263 U. S. 78 ; Matter of Watkins v. Ughetta, 273 App. Div. 969 , affd. 297 N. Y. 1002 ; see, also, Cuglar v. Power Auth., supra.)

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].)

Board of Education of Union Free School v. Incorporated Village of North Hills

67 Misc. 2d 264 · New York Supreme Court · Jun 22, 1971

The adversaries are a Board of Education and a Village Board of Trustees and Mayor. … An article 78 proceeding may not be used to review the refusal to perform such an act or to enforce performance of it (Matter of Walsh v. La Guardia, 269 N. Y. 437 ; Matter of International Ry. Co. v. Schwab, 203 App.

White v. Board of Education of East Irondequoit Central School District No. 1

53 Misc. 2d 800 · New York Supreme Court · Jan 24, 1967

(Marasse v. Buchmueller, 35 Misc 2d 643 ; Matter of Pacos v. Hunter, 29 Misc 2d 404 , affd. 14 A D 2d 990, app. dsmd. 11 N Y 2d 1112; Finley v. Spaulding, 274 App. Div. 522 ; Turco v. Union Free School Dist. … No. 4, 43 Misc 2d 367 , affd. 22 A D 2d 1018; Guariglia *802 v. De Furio, 34 Misc 2d 200 , affd. 17 A D 2d 905.) We point out that in Turco v. Union Free School Dist.

Board of Education of Union Free School District No. 2 v. Pace College

50 Misc. 2d 806 · New York Supreme Court · Jun 16, 1966

That the plaintiff has a valid general grant of power to condemn lands for school purposes cannot be doubted (Education Law, § 404, subd. 2; Board of Educ. v. Harper, 191 N. Y. S. 273). … Board of Educ., 234 N. Y. 196 ). The right to condemn is subject to strict construction (Society of N. Y. Hosp. v.

Rorke v. Russell

2 Lans. 242 · New York Supreme Court · Nov 15, 1869

None of the members or officers of the board, except Russell, the president, and the plaintiff, may have been parties to the action, and that may have been, or may be a good reason, why the injunction should not have issued … against the other officers and members of the board, or why it should, or might have been vacated on motion, by or in behalf of such other .officers or members, or any, or either of them; but this furnishes no excuse for

Adee v. Demorest & Simons

54 Barb. 433 · New York Supreme Court · Sep 2, 1867

of Hollister, the shipper, at or before the time of the shipment of such oáts, and he produced the shipping bill of said oats, signed by the said warehouseman and shipper, showing the shipment of this quantity of oats on board … (Brown v. Hodgson, 2 Camp. 36. Stanton v. Eager, 16 Pick. 467 .) [Monroe General Term, September 2, 1867. I do not see, therefore, how the referee could have found title in the defendants to the oats in question.

Burnham v. Hornaday

130 Misc. 207 · New York Supreme Court · Aug 16, 1927

In 1923 at a meeting of the advisory board defendant introduced a proposed resolution that the board recommend to the Secretary of Agriculture a fifty per cent reduction of game bag limits and open seasons on certain migratory … (Abell v. Cornwall Industrial Corp., 241 N. Y. 327 ; Roberts v. Brown, 10 Bing. 519.) All the facts set up in the defense of justification are realleged in mitigation of damages as the third defense.

Morse v. Williamson

35 Barb. 472 · New York Supreme Court · Dec 9, 1861

By the Court, Brown, J. … (Embury v. Conner, 3 Comst. 511.) See also Stafford v.

People ex rel. Calderon v. Russi

150 Misc. 2d 708 · New York Supreme Court · Mar 21, 1991

Brown v New York State Div. of Parole, 70 NY2d 391 [1987]). There are two issues put to this court by Calderon. The first involves the jurisdiction of the Division of Parole and the second involves due process. … Sav. & Loan Assn. v Guerra ( 479 US 272 [1987]).

Lund v. Masonic Ass'n

30 N.Y.S. 775 · New York Supreme Court · Oct 17, 1894

now in good health, and able to gain a livelihood; and I promise, if accepted, to conform in all respects to the by-laws, rules, and regulations now in force, or which may hereafter be adopted by the association or its board … This question has been recently fully considered in the case of Buffalo Loan, Trust & Safe-Deposit Co. v. Knight Templar & Masonic Mut. Aid Ass’n, 126 N. Y. 450 -455, 27 N.

People ex rel. Wilbur v. Eddy

57 Barb. 593 · New York Supreme Court · Sep 6, 1870

Upon the authority of the case of The People v. The Board of Police, ( 39 N. Y. Rep. 506 ,) and The People v. Board of Assessors of Albany, ( 40 N. Y. … Where some evidence is given to support the charge, however light, if judgment be given thereon, (Brown v. Wild, 12 John. 455 ;) and where there is evidence upon the merits, on both sides, (Trowbridge v.

Brennan v. Barnes

133 Misc. 340 · New York Supreme Court · Nov 17, 1928

(Litchfield v. Flint, 104 N. Y. 543 ; First National Bank v. Shuler, 153 id. 163, 173; United Press v. Abell Co., 73 App. Div. 240 .) … (Wilson v. Brown, 107 Misc. 167 .) The direct wrong was done to the corporation. (Rich v. N. Y. C. & H. R. R. R. Co., 87 N. Y. 382, 398 .)

Barnes v. Camack

1 Barb. 392 · New York Supreme Court · Dec 7, 1847

In Dickerson v. … (Padgett v. Lawrence, 10 Paige, 170 . Millspaugh v. McBride, 7 Id. 509. Daniel v. Mitchell, 1 Story’s Rep. 172. McCarthy v. Decaix, 1 Russ. & Mylne, 614.) Hyde v.

Hey v. Dolphin

36 N.Y.S. 627 · New York Supreme Court · Dec 26, 1895

Havemeyer v. Havemeyer, 43 N. Y. Super. Ct. 506; Barnes v. Brown, 80 N. Y. 537 . … In Brown v. Steamship Co., 5 Blatchf. 525 , Fed. Cas.

People ex rel. Van Valkenburg v. Myers

25 Abb. N. Cas. 368 · New York Supreme Court · Oct 15, 1890

Brown, 38 Barb. 390 ; Aikin v. Wassor, 24 N. Y. 482 , and Coffin v. Reynolds, 37 Id. 640. … [Citing Brockaway v. Innes, 39 Mich. 47 ; s. c., 23 Am. R. 348; Peck v. Brown, 39 Mich. 594 .]

Long Island University v. Tappan

202 Misc. 956 · New York Supreme Court · Apr 23, 1952

Objections to the same effect were filed with the town board and by it disregarded. By a decision in other pending litigation (Repper v. Patterson, 113 N. Y. … Y. 189 ; Jewish Consumptive Relief Soc. v. Town of Woodbury, 230 App. Div. 228 ; Union Free School, Town of Hempstead, v. Village of Hewlett Bay Park, 198 Misc. 932 , 278 App.

Kirkland & Ellis v. Chadbourne & Parke, L. L. P.

176 Misc. 2d 73 · New York Supreme Court · Mar 16, 1998

Humphrey, III, its Attorney General and Blue Cross and Blue Shield of Minnesota, Plaintiffs, v. Philip Morris Incorporated, R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, B.A.T. … & Williamson Tobacco Corp. v Wigand, 228 AD2d 187 [1st Dept 1996]) and to prevent unnecessary harassment (Matter of Lange v Roman Catholic Diocese of Dallas, supra).