Case law

People v. Monaghan

118 Misc. 2d 326 · New York Supreme Court · Mar 23, 1983

In support of his motion, the defendant cites the recent case of United States v Brown (supra). … Connecticut, 367 US 568 ; Reck v *329 Pate, 367 US 433 ; Ashcraft v Tennessee, 322 US 143 ; Brown v Mississippi, 297 US 278 ).

Wilson v. N.Y.C. Police Dept. License Division

38 Misc. 3d 928 · New York Supreme Court · Aug 15, 2012

(Matter of Conciatori v Brown, 201 AD2d 323 [1st Dept 1994]; Matter of Papineau v Martusewicz, 35 AD3d 1214 [4th Dept 2006]; Matter of Hanna v Police Dept. of County of Nassau, 205 AD2d 689 [2d Dept 1994]; see Matter of Fortuniewicz … (Matter of Pell v Board of Educ. of Union Free School Dist.

Ha v. T.W. Smith Corp.

185 Misc. 2d 895 · New York Supreme Court · Oct 10, 2000

Corp. v Emery, 275 NY 14 ). Thus, a determination of negligence on the part of driver Brown necessarily requires truck owner Smith Corp. to compensate plaintiff for all injury resulting from it. … Corp., 262 AD2d 141 , supra; see also, Vines v Manhattan & Bronx Surface Tr. Operating Auth., 162 AD2d 229 ). Here, Smith Corp. never answered on behalf of its employee Brown.

Dietrich v. Hauser

45 Misc. 2d 805 · New York Supreme Court · Mar 5, 1965

The alleged words were spoken of the plaintiff before a meeting of the board of governors of the Lincoln Club at a time when plaintiff was its president. … In Villemin v. Brown ( 193 App. Div. 777 ) and Hofstadter v. Bienstock ( 213 App. Div. 807 ) (1st Dept, cases) it is held not to be slanderous per se. In Weiner v. Leviton ( 230 App.

Dorfman v. Berman

186 Misc. 2d 415 · New York Supreme Court · Nov 1, 2000

Board of Elections, 5 NY2d 66 ; Cox v Katz, 30 AD2d 432 , affd 22 NY2d 903 ). … Curran, 297 NY 479 ; Dillon v Shaffer, 144 Misc 2d 1079 ; see also, 1995 Opns Atty Gen 95-30).

People v. Fields

195 Misc. 2d 84 · New York Supreme Court · Jan 23, 2003

Brown’s address. … Hollman, 79 NY2d 181 , supra; see also CPL 140.10; People v Brown, 256 AD2d 414 ).

Hascall v. Life Ass'n of America

12 N.Y. Sup. Ct. 151 · New York Supreme Court · Jul 15, 1875

(Brown v. Butchers and Drovers' Bank, 6 Hill, 443 ; Rogers v. Coit, id., 322; De Witt v. Walton, 9 N. Y., 571 .) … (Babcock v. Beman, 11 N. Y., 200 ; Brockway v. Allen, 17 Wend., 40 ; Bank of Genesee v. The Patchin Bank, 13 N. Y., 309 ; S. C., 19 id., 312 .)

Nassau County Sheriff's Office Benevolent Ass'n v. County of Nassau Public Employment Relations Board

59 Misc. 2d 57 · New York Supreme Court · Feb 14, 1969

This test was set forth in Matter of Stork Rest. v. Boland ( 282 N. Y. 256 ), upholding a determination by the New York Labor Relations Board of unfair labor practices. … Y. 440 ; Matter of Holland v. Edwards, 307 N. Y. *60 38 ; Matter of State Comm. For Human Rights v. Lawrence Gardens, 28 A D 2d 1139; Cf. Matter of Tessier v. Union Free School Dist.

Atlantic-Inland, Inc. v. Town of Union

126 Misc. 2d 509 · New York Supreme Court · Dec 12, 1984

24, 30 ; Matter of Dairylea Coop, v Walkley, 38 NY2d 6, 9 ; Boryszewski v Brydges, 37 NY2d 361, 363-364 ; Matter of Douglaston Civic Assn. v Galvin, 36 NY2d 1, 5-8 ; Venditti v Incorporated Vil. of Brookville, 96 AD2d 887 … Co. v Du Mond, supra; Matter of Spielvogel v Ford, 1 NY2d 558, 563 ) as to Atlantic.

Betts v. Betts

4 Abb. N. Cas. 317 · New York Supreme Court · Jul 15, 1878

Coade, 10 Vesey, 500 ; Ackroyd v. Smithson, 1 Brown Ch. 503; Maugham v. Mason, 1 V. & B. 410; Wright v. Meth. Episcopal Church, Hoffm. 202 ; Hawley v. James, 7 Paige, 213 ; Wood v. Cone, 7 Paige, 471 ; Wood v. … Hamilton dole, for the Board of Education, and for Boards of Trustees of Schools of various wards. See also Straw v. Conference of M. E. Church, 67 Me. 2 See also on this point, Noyes v. Children’s Aid Society, 3 Abb.

People v. Acton

33 How. Pr. 52 · New York Supreme Court · May 15, 1867

Pinckney , Brown, J., in a dissenting opinion relating to another point, remarks: “ It is the power which this act gives to intrust the execution of the duty of providing for the prevention of fires, to officers not elected … If they could not give any such power to boards of supervisors without a constitutional provision, I am at á loss to see any authority to bestow such a power on a board created by themselves, and not a recognized body in

Elias v. Schweyer

17 Misc. 707 · New York Supreme Court · Jul 15, 1896

He had, therefore, but to cast a ballot for himself and the trust stock was disfranchised—thus leaving with the minority the choice of the board of directors. … Munson v. R. R. Co., 103 N. Y. 58, 74 ; Davoue v. Fanning, 2 Johns. Ch. 251, 252 ; Cowee v. Cornell, 75 N. Y. 91, 100 ; Barnes v. Brown, 80 id. 527, 535; Ogden v. Murray, 39 id. 202, 207, 208.

New York Public Interest Research Group, Inc. v. New York State Board of Elections

89 Misc. 2d 233 · New York Supreme Court · Dec 2, 1976

The relief sought by plaintiffs must be pursued against the appropriate local boards of elections. (Cf. … Matter of Hudson v Nehill, 25 Misc 2d 1025 ; Matter of Hailey v Niagara County Bd. of Elections, 31 Misc 2d 650 ; Matter of Rice v Power, 19 NY2d 106 .)

People ex rel. Dixon v. Chairman of the New York State Board of Parole

89 Misc. 2d 259 · New York Supreme Court · Jan 17, 1977

to the case at bar, the majority of said court affirmed an order directing the Board of Parole to remove an added one year of reformatory delinquent time. … Lopez v La Vallee ( 43 AD2d 647 ). (See, also, People v Edwards, 45 AD2d 743 , and People v Miller, 38 AD2d 745 .) Accordingly, the petition is dismissed.

Association of Per Session Teachers v. Board of Education of the City School District

82 Misc. 2d 384 · New York Supreme Court · Jun 9, 1975

On November 13, 1974 defendants, city board and chancellor, issued Special Circular 33. … whether or not defendants are properly promulgating this policy is a matter that must be determined through the administrative machinery set up by the parties in their collective bargaining agreement (see Matter of Sardino v

Greenberg v. City of New York

152 Misc. 488 · New York Supreme Court · Jun 28, 1934

Co. v. … The proposition is summarized in Browne v. Walker ( 131 Misc. 736 ), where the franchise granted to the Equitable Coach Company was under judicial scrutiny.

Egan v. Moore

36 Misc. 2d 967 · New York Supreme Court · Dec 18, 1962

Y. v. Syracuse Univ., 285 App. Div. 59, 61 ) and as such is subject to the immediate control of the Board of Regents. … Y. 255, 259 ; Matter of Mandle v. Brown, 4 A D 2d 283, 284; Matter of Otis v. Silverman, 3 A D 2d 752, 753; Matter of Bergerman v. Murphy, 199 Misc. 1008 .)

Livingston v. Bishop

1 Johns. 290 · New York Supreme Court · May 15, 1806

This case of Brown v. Wotton, was clearly introductory of a new rule. It is laid down in Brooks, (Judgment. … And many cases subsequent to that of Brown v. Wotton, seem to disregard it, and to make the satisfaction against one trespasser the test of the plea. Thus in Cocke v.

De Lavalette v. Wendt

18 N.Y. Sup. Ct. 432 · New York Supreme Court · Jul 15, 1877

(Wilson v. Martin, 1 Denio., 605; Mary A. Wetmore v. J. Hamilton Jaffray, 16 N. Y. S. C. R., 140.) There was no exception to this part of the charge. … Brown, 13 Wend., 601 .) This was done, because when it clearly appears that a wrong has been done, the court should not ratify, but correct it.

Greenblatt v. New York Surety Co.

171 Misc. 2d 126 · New York Supreme Court · Dec 5, 1996

The United States Court of Appeals for the Second Circuit dismissed the action on October 13, 1995 (Greenblatt v Delta Plumbing & Heating Corp., 68 F3d 561 ). … However the Appellate Division, First Department did hold in Buchholz v United States *129 Fire Ins.