Case law

People v. Chitty

40 Misc. 2d 580 · New York Supreme Court · Jun 24, 1963

Exum, 382 Ill. 204 ; People v. Woods, 26 Ill. 2d 557 ; People v. Hall, 27 Ill. 2d 501 ). While the defendant urges that People v. … However, in Brown the defendant did not abandon his valise.

Theofel v. Butler

134 Misc. 259 · New York Supreme Court · May 22, 1929

(Brown v. Cole, 54 Misc. 278 ; Cummings v. Bailey, 53 id. 142; affd., 120 App. Div. 892 .) … (McKane v. Adams, 123 N. Y. 609 .)

People ex rel. Smith v. Peck & Wortendyke

11 N.Y. 604 · New York Supreme Court · May 15, 1834

The defendants received a certificate of their election, and were admitted as members of the board of trustees. The object of this suit is to oust them from their seats. … In The People v. Runkel, 9 Johns. R. 158, the court say, we must give the statute a reasonable and liberal construction, for the benefit of the churches. See also 6 Cowen, 23.

Metropolitan Waste Management Corp. v. Town of Hempstead

135 Misc. 2d 548 · New York Supreme Court · Apr 2, 1987

Contrs. v County of Oneida, 54 Misc 2d 260 ; Matter of McDonough v Board of Educ., 20 Misc 2d 98 ; Matter of Policemen’s Benevolent Assn. v Board of Trustees, 21 AD2d 693, 694 ). … Interest Research Group v Board of Assessment Review, 104 Misc 2d 128 ). The plaintiff does not meet any of the statutory requirements for standing.

Gomez v. Ford Motor Credit Co.

10 Misc. 3d 900 · New York Supreme Court · Nov 28, 2005

Diamond, M.D., a board-certified neurologist, with regard to the doctor’s recent physical examination of plaintiff. … of causation between the accident and the claimed injury. ( 4 NY3d 566 [2005], citing Franchini v Palmieri, 1 NY3d 536, 537 [2003]; see also, Mohamed v Siffrain, 19 AD3d 561 [2d Dept 2005]; Brown v Achy, 9 AD3d 30 [1st Dept

All v. Delaware & Hudson Railroad

176 Misc. 977 · New York Supreme Court · Jul 28, 1941

(Sarine v. American Lumbermen’s Mutual Casualty Co., supra, p. 655.) … (Kirchner v. State of New York, 223 App. Div. 543, 546 .) The decisions in the authorities relied upon in the opinion (Lord v. Tiffany, supra; Livingston v. Bishop, 1 Johns. 290 ; Kasson v.

Dubin v. Muchnick

108 Misc. 2d 1042 · New York Supreme Court · Apr 14, 1981

Pape and all three defendants constituted the board of directors. When Mr. … That statement still governs (Redmond v Redmond, 42 AD2d 542 ; Tremsky v Green, 106 NYS2d 572 ; see Puro v Puro, 89 Misc 2d 856, 863 ).

Rockland County Builders Ass'n v. McAlevey

55 Misc. 2d 695 · New York Supreme Court · Jan 18, 1968

The very recent pronouncement by the Court of Appeals in Seaman v. … There is the further criterion applicable, as held in Good Humor Corp. v. City of New York ( 290 N.

Hickie v. Valentine

177 Misc. 743 · New York Supreme Court · Apr 24, 1941

Under such systems, the decision of the medical board is conclusive and the administrative agency of the system merely performs a ministerial duty. (Cf. Matter of Potts v. Kaplan, 264 N. Y. 110, 117 ; Matter of Nash v. … Brooks, 276 id. 75, 81; Matter of Sullivan v. Board of Estimate, 281 id. 766, 767; Matter of Rosenberg v. Board of Estimate, Id. 835; Matter of Nilsson v. LaGuardia, 259 App. Div. 145, 148 .)

In re New York & Harlem Railroad

11 Abb. Pr. 90 · New York Supreme Court · May 15, 1871

Co. v. Brown, 9 H. of L. Cas., 246). The only way to avoid the decision of the corporation, is to show by affirmative proof the want of good faith and the presence of fraud in the proceeding. III. … Kip the legal relation of purchaser and vendor, *96 and the obligation of the lease is not affected (Doo v. London & Croydon Railw. Co., 1 Railw. Cas., 257; Stone v. Commercial Railw. Co., 4 Mylne & C., 122; Mason v.

Anderson v. Blood

33 N.Y.S. 233 · New York Supreme Court · Apr 11, 1895

Support for this general proposition may be found in Williamson v. Brown, supra; Acer v. Westcott, 46 N. Y. 384 ; Baker v. Bliss, 39 N. Y. 70 ; Reed v. Gannon, 50 N. Y. 345 ; Bennett v. Buchan, 76 N. Y. 386 ; Kirsch v. … It follows that the special term did not err in invoking the rule of Williamson v. Brown.

Nardone v. Ryan

49 Misc. 2d 93 · New York Supreme Court · Jan 17, 1966

of trustees in villages having three members on the board of trustees and three-fourths of the members of the board of trustees in all the other villages.” … Glen Cove Shopping Center v. Suozzi, 8 Misc 2d 247 ; Matter of Melita v. Nolan, 126 Misc. 345 ).

Dane v. Mallory

16 Barb. 46 · New York Supreme Court · Jan 5, 1852

(Brown v. Bement, 8 John. 96 . Otis v. Ward, 3 Wend. 498 . Langdon v. Buel, 9 Id. 80. Patchin v. Pierce, 12 Id. 61.) … And it was determined in Fuller v.

Onthank v. Lake Shore & Michigan Southern Railroad

15 N.Y. Sup. Ct. 131 · New York Supreme Court · Jun 15, 1876

The railroad company constructed on Brown’s land a reservoir in which to collect the water of said springs and excavated a trench on the lands of said Brown and the plaintiff, laid pipes therein and conducted the water to … In Jones v.

Lippe v. Jones

59 Misc. 2d 843 · New York Supreme Court · May 13, 1969

The facts, as they were stipulated to and as received by the court on March 7, 1969, are that the defendants constitute the Board of 'Commissioners of the Oreat Neck Park District, which is a municipal corporation and presently … Landes v. Town of North Hempstead, 20 N Y 2d 417).

Franklin v. Krause

81 Misc. 2d 52 · New York Supreme Court · May 7, 1975

(See Franklin v Krause, 72 Misc 2d 104 .) … We are mindful of the *56 action taken by the court in Town of Greenburgh v Board of Supervisors of Westchester County ( 59 Misc 2d 152 ; affd 32 AD2d 892 ; affd 25 NY2d 817 ).

New York State Commission on Government Integrity v. Congel

142 Misc. 2d 9 · New York Supreme Court · Nov 15, 1988

of Elections and its investigation into earlier allegations of wrongdoing arising out of the elections to determine whether the Board adequately monitored compliance with the Election Law and, if not, whether the Board’s … v Smith, 59 NY2d 454 [1983]); objects in plain view (e.g., Texas v Brown, 460 US 730 [1983]); searches incident to lawful arrest (Rawlings v Kentucky, 448 US 98 [1980]; People v Landy, 59 NY2d 369 [1983]).

Casado v. Markus

27 Misc. 3d 340 · New York Supreme Court · Jan 20, 2010

Section 4 (c) of the ETPA provides that in “a city having a population of one million or more, the rent guidelines board shall be the rent guidelines board established pursuant to the New York city rent stabilization law … Stein v Rent Guidelines Bd. for City of N.Y. ( 127 AD2d 189 [1st Dept 1987]) does not dictate a different result.

Gifford v. Town of Gravesend

8 Abb. N. Cas. 246 · New York Supreme Court · Dec 15, 1879

The only authority cited by the plaintiff to sustain his opposition to this motion is Mason v. Brown ( 6 How. … Brown so holds. The case of Mason v. Brown has never been held as an authority that the plaintiff could oppose this motion in the manner he proposes. The court, in Park v. Conley ( 7 How.

Gallin v. National City Bank

152 Misc. 679 · New York Supreme Court · Jun 15, 1934

Ed. 1113 ; Gamble v. Brown, 29 F. [2d] 366 [C. C. A., 4th, 1928].) *684 Section 93 of National Bank Act lays down the rule and provides the test for personal liability of directors: “ § 93. … Thereupon the board (Messrs.