Case law

City of Buffalo v. State Bd. of EqualizaTion

46 Misc. 2d 675 · New York Supreme Court · Jun 11, 1965

Regulating Dist. v. Adirondack League Club (supra, p. 489) the court stated: “ As we have pointed out, the district board has no special character different from that of the State. … (O’Brien v. Town of Greenburgh, 239 App. Div. 555 , affd. 266 N. Y. 582 ; County of Herkimer v. Village of Herkimer, 251 App. Div. 126 , affd. 279 N. Y. 560 .)

Conrad v. Hinman

122 Misc. 2d 531 · New York Supreme Court · Jan 17, 1984

(Webster Assoc. v Town of Webster, 59 NY2d 220, 227 , citing Matter of Tuxedo Conservation & Taxpayers Assn. v Town Bd., supra; see, also, e.g., Matter of Concerned Citizens Against Crossgates v Town of Guilderland Zoning … (Smith v Skagit County, 75 Wn 2d 715, 739.) For all the above reasons, the court grants the petitioners’ application and hereby annuls the October 3, 1983, action of the town board.

Barnett v. Fields

196 Misc. 339 · New York Supreme Court · Sep 6, 1949

Under the circumstances, the conclusion of the board of examiners of the board of education must be upheld. (Matter of Marburg v. Cole, 286 N. Y. 202, 208 [1941] ; Matter of Larkin Co. v. Schwab, 242 N. … The cases of Matter of Fink v. Finegan (supra) and Matter of Sloat v. Board of Examiners of Bd. of Education of City of N. Y. (supra) are readily distinguishable. In Matter of Fink v.

Fleischmann v. Graves

118 Misc. 214 · New York Supreme Court · Mar 15, 1922

Kiehm v. Board of Education, 198 App. Div. 476 ; Freeman v. Brooks, 29 Misc. Rep. 719 . … Rodgers v. Coler, supra; People ex rel. Allison v. Board of Education, supra; People ex rel. McIntyre v. Coler, 35 Misc. Rep. 454 .

Ward La France Truck Corp. v. City of New York

7 Misc. 2d 739 · New York Supreme Court · Mar 4, 1957

The Board of Responsibility is properly constituted by section 343 of the charter and section 5 of the Board of Estimate Resolution, and its authority has been judicially recognized (Epstein Co. v. … Furthermore, as far as the record discloses, the witnesses were not sworn, an omission of a specific element of a fair trial prescribed in Matter of Hecht v. Monaghan (supra).

Arctic Fire Insurance v. Austin

6 Thomp. & Cook 63 · New York Supreme Court · Mar 15, 1875

In Chapman v. New Haven R. R. Co., 19 N. … In Brown v. N. Y. Cent. R. R. Co., 32 N.

Adames v. Velasquez

19 Misc. 3d 881 · New York Supreme Court · Apr 1, 2008

In Brown v Shyne ( 242 NY 176 [1926]), the plaintiff sought treatment for her disease or physical condition from a chiropractor who had no license to practice medicine. … Bennett, Chancellor of the New York State Board of Regents; and Honorable Merryl H.

Lerner v. Prince

36 Misc. 3d 297 · New York Supreme Court · May 15, 2012

having made the effort to obtain board action (see Grimes v Donald, 673 A2d 1207, 1216 [Del 1996], overruled in part on other grounds Brehm v Eisner, 746 A2d 244, 253 [Del 2000]). … Therefore, when a board refuses a demand, the only issues to be examined are the good faith and reasonableness of its investigation’ ” (Levine v Smith, 591 A2d at 212 , quoting Spiegel v Buntrock, 571 A2d 767, 777 [Del 1990

Bonacker v. Chuckrow

166 Misc. 171 · New York Supreme Court · Feb 10, 1938

Way, 179 id. 174; Matter of Tamney v. … Smith v. Schiellein¡ 95 N. Y. 124, 132, 133 . See, also, People ex rel. Sturtevant v. Armstrong, 116 App. Div. 103.)

Pierce v. Mannion

180 Misc. 775 · New York Supreme Court · Oct 13, 1943

(See Matter of Stanley v. Board of Appeals of Piermont, 168 Misc. 797 .) … Since section 1300 of the Civil Practice Act enables this court to grant the petitioner the relief to which he deems he is entitled and direct appropriate action by the respondents (Matter of Stanley v.

Duquette v. Town of Peru

18 Misc. 3d 174 · New York Supreme Court · Oct 29, 2007

Here, those four individuals have been provided a defense to a legal claim against them as a result of the Town Board’s April 16, *176 2007 resolution. … Matter of Manupella v Troy City Zoning Bd. of Appeals at 763-764; Matter of Mount Pleasant Cottage School Union Free School Dist. v Sobol, 163 AD2d 715, 716-717 [1990], affd on op below 78 NY2d 935 [1991]).

Poppenhusen v. Poppenhusen

68 Misc. 548 · New York Supreme Court · Aug 15, 1910

Poppenhusen was executed in obedience to the resolution of the board of directors. … Barnes v. Brown, 80 N. Y. 527 -535; Cook Corp., § 653.

Dooley v. Boyle

140 Misc. 2d 177 · New York Supreme Court · Jun 6, 1988

Koenigsberg, 302 NY 523 ; Murphy v Board of Educ., 104 AD2d 796 , affd 64 NY2d 856 ; Matter of State of New York v Strong Oil Co., 105 Misc 2d 803 , appeal dismissed 87 AD2d 374 ). … Enters., 102 AD2d 935 ; Brandman v Cross & Brown Co., 125 Misc 2d 185 ; Matter of Swantee, 90 Misc 2d 519 .)

Arrow Holding Corp. v. McLaughlin's Sons

116 Misc. 555 · New York Supreme Court · Oct 15, 1921

Kirk-Brown Co., 193 App. Div. 269; Izzo v. Ludington, 79 id. 272 ; Genevetz v. Feiering, 136 id. 736; Ide v. Brown, 178 N. Y. 26 ; Ryan v. Pistone, 89 Hun, 78 . The syllabus of Hugel v. … A consideration of that point would involve the question of the extent to which the doctrine of “ mutuality of remedy ” is to be applied, to which I have alluded in discussing Schuyler v. Kirk-Brown Co., supra.

Edmondstone v. Thomson

15 Wend. 554 · New York Supreme Court · Jul 15, 1836

This case cannot be distinguished from Kimball v. Brown, 7 Wendell,322. … If therefore one case can be authority f°r another, the case of Kimball v. Brown, must govern this.

Sauerborn v. New York Central & Hudson River Railroad

23 N.Y.S. 478 · New York Supreme Court · May 9, 1893

Massoth v. Canal Co., 64 N. Y. 529 . … After they reached the railroad tracks it cannot be deemed as matter of law negligence on the part of Miss Brown to attend to her horse while driving over them. Moore v. Railroad Co., (Super. Buff.) 21 N. Y. Supp. 436 .

Giuliano v. Entress

4 Misc. 2d 546 · New York Supreme Court · Jan 30, 1957

remaining three members was insufficient to constitute the legal action of the board (Steers Sand & Gravel Corp. v. … (Sesnovich v. Board of Appeal of Boston, 313 Mass. 393 .)

Robin v. Village of Hempstead

66 Misc. 2d 482 · New York Supreme Court · May 10, 1971

Hosp. v. Anderson (42 N. J. 421, cert. den. 377 U. S. 985 [1964]). In the recent case of Steinberg v. Brown ( 321 F. Supp. 741, 746-747 [Ohio, W. … Co. v. Du Mond ( 309 N.

Pecora v. Gossin

78 Misc. 2d 698 · New York Supreme Court · Jun 7, 1974

manner (Matter of Diocese of Rochester v. … The courts do not sit to supervise the discretionary acts of the hundreds of town boards and zoning boards in this State.” (Matter of Lemir Realty Corp. v.

Commissioners of the State Insurance Fund v. Mascali-Robke Co.

208 Misc. 316 · New York Supreme Court · Feb 10, 1955

The State Insurance Fund has been a member of the Compensation Insurance Rating Board (hereinafter referred to as the “ Board ”) for more than thirty-five years (Sadigur v. State of New York, 267 App. Div. 59, 62 ). … unless revised within the time limitation and in accordance Avith the relevant rules and procedure set forth in the Board’s manual (Kaplan v.