Case law

Baker v. New York State Mutual Benefit Ass'n

9 N.Y. St. Rep. 653 · New York Supreme Court · Jun 25, 1887

In Brown v. London Assurance Co. ( 40 Hun. 101 ), some remarks were made in the opinion not necessary to the result which, upon the facts, was deemed "supported. Devens v. M. and T. Ins. Co.. 83 N. Y., 168 . … Thayer v. Marsh, 75 N. Y., 340 ; Langley v. Wadsworth, 99 id., 61.

Bernstein v. Strammiello

202 Misc. 823 · New York Supreme Court · Apr 28, 1952

From the time of his injury on October 31, 1950, until sometime in December, 1951, the family subsisted on the $32 weekly award made to plaintiff by the Workmen’s Compensation Board. … Where the court found that the plaintiff was on home relief since the accident but that he was employable and his indigence only temporary (Brown v. Gelat, N. Y. L.

Jamaica Savings Bank v. Giacomantonio

59 Misc. 2d 704 · New York Supreme Court · Apr 29, 1969

(Ferris v. Hard, 135 N. Y. 354, 365 .) … (Taylor v. Wing, 84 N. Y. 471 ; Collier v. Granger, 258 F. Supp. 717, 719 ; see 5 Weinstein-Korn-Miller, par. 5004.01 and the cases cited therein.)

Romas v. Huffcut

39 Misc. 2d 872 · New York Supreme Court · Aug 7, 1963

Grant Realty Corp. v. Clinton, 138 Misc. 333, 335 ; see People ex rel. Eckerson v. Christie, 115 N. Y. 158 ; People ex rel. Empire Mtge. Co. v. Cantor, 190 App. Div. 512 .) … Bingham Operating Corp. v. Eyrich, supra, p. 562 ; People ex rel. Benedict v. Roe, 25 App. Div. 107 ; People ex rel. Powott Corp. v. Woodworth, 172 Misc. 791 .)

Wilkins v. Beadleston & Woerz

33 Misc. 489 · New York Supreme Court · Dec 15, 1900

.; Matthews v. Meyberg, 63 N. Y. 656 ; Brooklyn Oil Works v. Brown, 7 Abb. Pr. N. S. 382). Only matters “ which belong to and are properly a part of the trial” are subjects of exceptions (Code Civ. Pro. § 992; Starin v. … Brown, 7 Abb. Pr. N. S. 382; People v. Vermilyea, 7 Cow. p. 383; Brill v. Lord, 14 Johns. 341 ; Bush v. Weeks, 24 Hun, 545 ).

Baxter v. Gillispie

60 Misc. 2d 349 · New York Supreme Court · Jun 30, 1969

Pool & Recreation Assn. v. Town Bd. of Town of Oyster Bay, 21 Misc 2d 987, 989 ). … Board of Stds. & Appeals, 82 N. Y. S. 2d 206; Larkfield Equities v. Larkin, 181 N. Y. S. 2d 684; Krust v. Hill, 212 N. Y. S. 2d 981).

Singleton v. Russi

152 Misc. 2d 188 · New York Supreme Court · Sep 10, 1991

Parole Board had not acted on his appeal, the Parole Board responded that: "based upon your request, we are discontinuing our interest in your administrative appeal. … This court views as contrary to public policy the avoidance by the Board of Parole of their regulatory obligation to hear and determine the appeals of parole applicants from adverse decisions of the hearing Board.

People ex rel. Powell v. Supervisors of Nassau County

54 Misc. 323 · New York Supreme Court · May 15, 1907

People v. Chapin, 105 N. Y. 316 ; Mayor v. Sands, 105 id. 210. The reassessment is also attacked upon the ground that the valuation of twenty dollars per lot is more than the full value of such lots. … People v. Carter, 109 N. Y. 576 . I think there is further reason why the relator cannot avail himself of any alleged inequality.

Friend v. Feriola

35 Misc. 2d 250 · New York Supreme Court · May 25, 1962

(City of Buffalo v. Chadeayne, 134 N. Y. 163 ; People ex reL Evens v. Kleinert. 201 App. Div. 751, 755 .) … The Board of Appeals is not vested with despotic and arbi- ■ trary powers; it must act intelligently and fairly and within the domain of reason.

Caruso v. Anderson

138 Misc. 2d 719 · New York Supreme Court · Oct 21, 1987

its construction [of the Taylor Law] if not unreasonable” (Matter of Incorporated Vil. of Lynbrook v New York State Pub. … interpretation is legally permissible and so long as there is no breach of constitutional rights and protections, the courts have no power to substitute another interpretation’ (Matter of West Irondequoit Teachers Assn. v

Garofolo v. Rosa

26 Misc. 3d 969 · New York Supreme Court · Dec 24, 2009

evidence and not arbitrary and capricious (Matter of Pell v Board of Educ. of Union Free School Dist. … v State of N.Y.

Rector of Christ Church v. Town of Eastchester

197 Misc. 943 · New York Supreme Court · May 19, 1950

As to police, see Augustine v. Town of Brant ( 249 N. Y. 198 , supra); People v. Adirondack Ry. Co. ( 160 N. Y. 225, 236 ) and Wilcox v. City of Rochester ( 190 N. Y. 137 ). … School for Deaf v. Townsend [supra).

Franchise Realty Interstate Corp. v. Rab

72 Misc. 2d 1061 · New York Supreme Court · Jan 29, 1973

(See Matter of Vitolo v. Chave, 63 Misc 2d 971 .) … (Matter of Village of Bronxville v. Francis, 1 A D 2d 236, affd. 1 N Y 2d 839; see Matter of Otto v. Steinhilber, 282 N. Y. 71, 75 ; Matter of Fulling v. Palumbo, 21 N Y 2d 30.)

McGovern v. Payn

32 Barb. 83 · New York Supreme Court · Dec 5, 1859

Brown, 17 How. Pr. … (Brown v. Treat, 1 Hill, 225 . Suydam v. Smith , 7 id. 182. Miller v. Scherder, 2 Comst. 262. Lambert v. Snow, 17 How. 517 .) In Suydam v. Smith , the court, referring to the case of Brown v.

People v. Saleemi

186 Misc. 2d 177 · New York Supreme Court · Oct 24, 2000

Due process mandates that the State bear the burden of proof to support its proposed risk level by clear and convincing evidence (Doe v Pataki, 3 F Supp 2d 456 ; People v Salaam, 174 Misc 2d 726 ). … given to local authorities upon the offender’s release into the community (People v Saldam, supra).

Village of Fort Edward v. Fish

33 N.Y.S. 784 · New York Supreme Court · May 14, 1895

S. v. Bartlett, Daveis, 9 Fed. Cas. No. 14,532; Stevenson v. Mortimer, Cowp. 805, Taylor v. Plumer, 3 Maule & S. 562. … In Board of Supervisors v. Ellis, 59 N.

Mazzotti v. Swezey

199 Misc. 987 · New York Supreme Court · Apr 2, 1951

Derby v. Rice ( 129 N. … Derby v. Rice (supra) can with equal force be applied to the trustees of the Village of Patchogue acting as a board of canvassers.

Williams v. Flagg Storage Warehouse Co.

128 Misc. 566 · New York Supreme Court · Jan 20, 1927

(Harms v. City of N. Y., 69 Misc. 315 ; Stephens v. Crawford, 209 App. Div. 142,150 .) The case of Brown v. Bronson ( 93 App. Div. 312 ) is cited by the defendant warehouse company. … This would be analogous to the Brown case.

Hudson Valley Light Weight Aggregate Corp. v. Schovel

64 Misc. 2d 814 · New York Supreme Court · Nov 30, 1970

See People v. Oswald, 1 Misc 2d 726, 728 [1952].) … If there were no publication and posting the ordinance is invalid in its entirety and must be again entertained by the Town Board.

Long Island Pest Control Ass'n v. Town of Huntington

72 Misc. 2d 1031 · New York Supreme Court · Feb 7, 1973

(Iandoli v. Lange, 35 A D 2d 793; Holdridge v. Town of Burlington, 32 A D 2d 581; Steingart Assoc. v. Sandler, 28 A D 2d 801; Kindermann Fireproof Stor. Warehouses v. City of New York, 39 A D 2d 266.) … (Matter of Fink v. Cole, 302 N. Y. 216 ; Packer Collegiate Inst. v. University of State of N. Y., 298 N. Y. 184 .) (See Novak v. Town of Poughkeepsie, 57 Misc 2d 927 ; Matter of Picone v.