Case law

Parker v. Baxter

26 N.Y. Sup. Ct. 410 · New York Supreme Court · Dec 15, 1879

(Western Transportation Co. v. Marshall, 37 Barb., 509 ; Lacker v. Rhoades, 45 id., 499; Western Trans. Co. v. Marshall, 4 Abb. Ct. App. Dec’s, 575; Barnard v. Campbell, 55 N. Y., 456 ; S. C., 58 id., 73.) … (Ballard v. Burgett, 47 Barb., 646 , 648—650; Ra wls v. Deshler, 3 Keyes, 572 .).

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.

Jamie B. v. Hernandez

182 Misc. 2d 954 · New York Supreme Court · Sep 8, 1999

(Ray M. v Board of Educ., 884 F Supp 696, 700 [ED NY 1995].) … (Brown v Giuliani, 158 FRD 251, 269 [ED NY 1994], supra.)

Golland v. Baker

52 Misc. 187 · New York Supreme Court · Dec 15, 1906

could have been made one year, so he concedes, but he says the provision that after it has been in force a year it shall terminate whenever a new list is established is unlawful and puts some power in the civil service board

Lemkin v. Gulde

16 Misc. 2d 1003 · New York Supreme Court · Feb 4, 1959

In support of their contention, they cite Fogelson v. Rackfay Constr. Co. ( 300 N. Y. 334 ). … To cite just a few, there are Phillips v. West Hockaway Land Co. ( 226 N. Y. 507 ); Hofmann v. Hofmann ( 172 Misc. 378 , affd. 259 App. Div. 820 , mod. 283 N. Y. 730 ).

Welch v. Grant Development Co.

120 Misc. 2d 493 · New York Supreme Court · Apr 22, 1983

In the case of Brown v Gamble Constr. … In response to the plaintiff’s argument that the architect has a duty as a “design professional” to supervise the construction and ensure that safety precautions are taken to protect workers, the court in Brown v Gamble Constr

Staples v. Gokey

41 N.Y. Sup. Ct. 289 · New York Supreme Court · Nov 15, 1884

Y., 587 ; Risley v. Brown, 67 id., 160; Randall v. Sackett, 77 id., 480; Wood v. Fisk, 63 id., 245.) … (Board of Supervisors v. Otis, 62 N. Y., 88 ; Schroeppell v . Shaw, 3 id., 446.) The objection that the undertaking did not provide that the sureties would also pay if the appeal should be dismissed, is without force.

Higgins v. New York Stock Exchange, Inc.

10 Misc. 3d 257 · New York Supreme Court · Sep 2, 2005

Brown, Shirley A. Jackson, James S. McDonald, Alice M. Rivlin, Robert B. Shapiro, Karl M. von der Heyden, Dennis Weatherstone, and Edgar Woolard, Jr. … Therefore, determination that a board participating in a decision has lost its independence does not merely turn on whether the majority of the board voting is interested (Pallot v Peltz, 289 AD2d 85, 86 [1st Dept 2001]),

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.

Anonymous v. Health Insurance Plan

12 Misc. 2d 1051 · New York Supreme Court · Feb 19, 1958

Brown, J. … This is done through their own medical control board, a staff comprised of a panel of physicians. Each doctor agrees to conform to the standards set by this board.

In re Boggs

136 Misc. 2d 1082 · New York Supreme Court · Nov 12, 1987

Brown explained, "I *1087 don’t have access to toilet facilities.” … (O’Connor v Donaldson, 422 US 563 [1975].) Whether Joyce Brown is or is not mentally ill, it is my finding, after careful assessment of all the evidence, that she is not unable to care for her essential needs.

Slattery v. City of New York

179 Misc. 2d 740 · New York Supreme Court · Feb 8, 1999

(Gay Teachers Assn. v Board of Educ., NYLJ, Aug. 23, 1991, at 22, col 3 [Sup Ct, NY County], affd 183 AD2d 478 [1st Dept 1992].) … (See, McMillen v Browne, 14 NY2d 326 [1964].)

People v. Boudin

117 Misc. 2d 518 · New York Supreme Court · Jan 13, 1983

The trial is presently in progress (People v Anderson, 16 NY2d 282, 288 ) and it is incumbent upon the court to insure its orderly progress. … (People v Isaac-son, supra.)

Martin v. Brienger

49 Misc. 2d 130 · New York Supreme Court · Jan 20, 1966

She seeks to compel respondent Hartsdale School Board District No. 7 to furnish transportation for her son to and from that public Boman Catholic parochial school which is not located in District *131 No. 7, despite the fact … side has taken an appeal from the order entered upon such decision, and, consequently, this court, being a court of co-ordinate jurisdiction, cannot review such determination, which is now the “ law of the case ” (Walker v.

Parr v. Village of Greenbush

49 N.Y. Sup. Ct. 232 · New York Supreme Court · Nov 15, 1886

The resolution of the board of village trustees of date September 30, 1873, was in the same suit held invalid. (Parr v. Greenbush, 72 N. Y., 463 .) … It was signed at a meeting of the board.

Loomis v. Edgerton & Sykes

19 Wend. 419 · New York Supreme Court · May 15, 1838

Dollier, the counsel for the prosecution of State v. … The Commonwealth v. Eckert, 2 Brown, 248, 251, Penn. R., is also in point.

Clarke v. Dutcher

9 Cow. 673 · New York Supreme Court · Aug 15, 1824

Stafford v. Richardson, 15 Wen. 306. Allen v. Webster, id. 288. See also, Van Keeren v. Parmelee, 2 Comst. 513. Bell v. Morrison, 1 Peters 362 . Rosevelt v. Mark, 6 John. Ch. R. 290. Tompkins v. Brown, 1 Denio 247 . … Brown v. Brown, 2 Jur. ,255. A defendant having a claim against the plaintiff, the latter, at the foot of his bill, acknowledged the debt as follows :—“By Mr. Lacey’s bill.”—leaving a blank for the amount.

Allegheny Ludlum Steel Corp. v. Kelley

184 Misc. 47 · New York Supreme Court · Jul 27, 1944

Act, § 473; Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198 ; Bank of Yorktown v. Boland, 280 N. Y. 673 .) … (Napier v. Atlantic Coast Line, 272 U. S. 605, 613 ; Oreg.-Washington Co. v. Washington, 270 U. S. 87 .)

Tesoriero v. Board of Trustees of New York Fire Department Article 1-B Pension Fund

17 Misc. 3d 497 · New York Supreme Court · Jul 27, 2007

v Board of Trustees of N.Y. … burdens of proof (see Matter of Nemecek v Board of Trustees of N.Y.

Castro v. City of New York

45 Misc. 3d 805 · New York Supreme Court · Aug 20, 2014

General Municipal Law § 50-e (2), however, does not require that the information within a notice of claim be asserted “with literal nicety or exactness” (Brown v City of New York, 95 NY2d 389, 393 [2000]), and again, the … Auth., 117 AD3d 586 , 586 [1st Dept 2014]; Williams v County of Westchester, 103 AD3d 796, 797 [2d Dept 2013]; Rodriguez v Board of Educ. of City of N.Y., 107 AD3d 651 , 651 [1st Dept 2013]; Ana R. v New York City Hous.