Case law

Sears Roebuck & Co. v. Hoyt

202 Misc. 43 · New York Supreme Court · Aug 21, 1951

In Matter of Egan v. Board of Water Supply (supra) it was claimed that reports of the chief and consulting engineers, made to the board of water supply and on file with the board, were secret and confidential papers. … (See Holton v. Board of Supervisors of Monroe Co., 245 App.

Blek v. Wilson

145 Misc. 373 · New York Supreme Court · Jun 14, 1932

The findings of the executive board were, therefore, unsubstantiated. … Johnson v. N. Y. Produce Exchange, 149 N. Y. 401, 410, 413 ; Young v. Eames, 78 App. Div. 229, 241, 242 ; affd., 181 N. Y. 542 .) ” (Fritz v. Knaub, 57 Misc. 405, 411 ; affd., 124 App. Div. 915 .)

Williams v. Allen

7 Cow. 316 · New York Supreme Court · May 15, 1827

Brown v. Denison, 2 Wend. 593 . In this case, the plaintiff, it is true, charged the money, in the form of an account ; and as such the referees rejected it, because not in the particular; but Savage, 0. … J., in Brown v. Williams, 4 Wend. 360, 368, 369 ; and see Smith v. Hicks, 5 Wend. 48 . This is the cardinal object. Form is altogether overlooked.

Lord Electric Co. v. Litke

122 Misc. 2d 112 · New York Supreme Court · Oct 28, 1983

Assn. v Perrini, 54 Misc 2d 400 ; Matter of Zara Contr. Co. v Cohen, 23 AD2d 718 ; Matter of Kayfield Constr. Corp. v Morris, 15 AD2d 373 ). … (Matter of Bradford v Helman, 24 AD2d 937 .) Petitioner cannot challenge the Board of Responsibility finding by way of prohibition.

Mack v. Mayor of New York

37 Misc. 371 · New York Supreme Court · Mar 15, 1902

Fonda v. Morton, 148 N. Y. 156, 160 ; People ex rel. Steffan v. Murray, 2 App. Div. 359 ; People ex rel. Cline v. Robb, 126 N. Y. 180 ; Gregory v. Mayor, 113 id. 416; Matter of Finnigan, 91 Hun, 176 ; Abrams v. … In Bell v.

La France Fire Engine Co. v. City of Syracuse

33 Misc. 516 · New York Supreme Court · Dec 15, 1900

Shaw v. City of Trenton, 49 N. J. Law, 339; People ex rel. Ream P. Co. v. Board, 43 N. Y. 227 ; Mazet v. City, 127 Penn. St. 548; People v. Commissioners, 4 Neb. 150 ; Kneeland v. Furlong, 20 Wis. 437 . … Walton v. Mayor, 26 App. Div. 76 ; McDonald v. Mayor, 68 N. Y. 27 ; Smith v. City of Newburgh, 77 id. 136 ; Dickinson v. City of Poughkeepsie, 75 id. 65 ; People ex rel. Coughlin v. Gleason, 121 id. 631.

Asness v. City of New York

5 Misc. 2d 779 · New York Supreme Court · Feb 15, 1957

The action of the Board of Estimate in adopting- the resolution changing the city map was legislative in character and not subject to attack in this proceeding. (Kaskel v. Impellitteri, 306 N. … In such cases the court will not substitute its judgment as to the wisdom or propriety of the Board of Estimate’s action (Bond v. Cooke, 237 App. Div. 229 ).

Button v. Donohue

51 Misc. 2d 712 · New York Supreme Court · Oct 10, 1966

The most recent decision interpreting section 248 is the Matter of Battista v. … For example, a large number of independent bodies could result in a race to a Board of Elections to determine who would be permitted a line on the voting machine. The undesirability of such a situation is obvious.

Civil Service Technical Guild v. LaGuardia

181 Misc. 492 · New York Supreme Court · Oct 11, 1943

(See Matter of Curran v. Board of Estimate of City of New York, 173 Misc. 1022 , affd. 259 App. Div. 712 , leave to appeal denied 283 N. Y. 778 ; Horgan & Slattery v. City of New York, 114 App. Div. 555 ; Buck v. … Matter of Hardecker v. Board of Education (supra) presents a case dealing with contracts which are part of the PostWar Works Program.

Mutual Life Insurance v. Dake

1 Abb. N. Cas. 381 · New York Supreme Court · Jun 15, 1876

In Brown v. Volkenning (N. Y. … White v. Moore ( 1 Paige, 551 ) decides only that a deed absolute on its face, if intended as a mortgage, must be recorded as a mortgage to protect the holder against after purchasers. Brown v.

Pedersen v. J. F. Fitzgerald Construction Co.

173 Misc. 188 · New York Supreme Court · Feb 1, 1940

(Browning v. City of Waycross, 233 U. S. 16, 22 .) … Justice McReynolds said (at p. 510), “ We think the recited facts clearly show local business separate and distinct from interstate commerce within the doctrine announced and applied in Browning v. Waycross, 233 U.

Dyte v. Lawley

31 Misc. 2d 182 · New York Supreme Court · Oct 10, 1961

(See Matter of Di Lorenzo v. Heffernan, 187 Misc. 766, 767 , affd. 271 App. Div. 802 , affd. 296 N. Y. 687 .) If such a vacancy had existed, the method to fill it would have been proper. (See Matter of Dillon v. … Therefore, the Board of Elections was correct and its decision is affirmed. Motion denied, without costs.

Schroeder v. Kreuter

206 Misc. 198 · New York Supreme Court · May 7, 1954

(Matter of *200 Little v. Richter, 277 App. Div. 1119 .) In view of this rule, the court has had no difficulty reaching a conclusion that this case is to he here determined and not transferred. … Here, the ordinance authorizes the board to permit “ club house ” uses in residential districts.

Blossom v. Champion

28 Barb. 217 · New York Supreme Court · Oct 4, 1858

Bobbins, to show the delivery of the goods on board. Hot containing the names of the plaintiffs as shippers and owners, as the shipper’s receipts did in Jones v. Bradner, ( 10 Barb. 200 ;) Craven v. … (Smith v. Lynes, 1 Selden, 41-48. Palmer v. Hand, 13 John. 434 . Caldwell v. Bartlett, 3 Duer, 352 .) The delivery of the goods in this case on board the Victoria was an actual delivery, though conditional. .

Tuck v. Heckscher

65 Misc. 2d 1059 · New York Supreme Court · Mar 17, 1971

Assn. v. Board of Trustees, 21A D 2d 693; Matter of Di Maggio v. Lindsay, 53 Misc 2d 209 ; see, also, CPLE 7805). I also find there is no merit to the alleged defense of laches. … Corp. v. City of New York, supra).

Horton v. Garrison

23 Barb. 176 · New York Supreme Court · Oct 15, 1856

(Brockway v. Allen, 17 Wend. 40 . Randal v. Van Vechten, 19 John. 60 .) … Brown, S. B. Strong and Emott, Justices.

Rickets v. Livingston

2 Johns. Cas. 97 · New York Supreme Court · Oct 15, 1800

In the case of Brown v. Selwyn, 3 Bro. C. C. 110, (Temp. Talbot, 240,) there was parol proof that the testator intended the debt should be released, which was rejected. … Black. 213. 1 Vesey, jun. 472. 1 Brown’s Civil Law, 304.)

Saitta v. Malone

26 Misc. 2d 817 · New York Supreme Court · Dec 8, 1960

(Matter of Lemir Realty Corp. v. Larkin, 8 A D 2d 970; Matter of Dun Roamin Corp. v. Larkin, 11A D 2d 737.) … Moreover, in denying an application the respondent Board of Appeals should have made findings of fact in support of its decision. (Matter of Syosset Holding Corp. v. Schlimm, 4 A D 2d 766; Matter of Bach v.

Platt v. Murdock

24 Misc. 2d 552 · New York Supreme Court · Oct 14, 1959

Such basis is disclosed. *558 The record and return of the board contain sufficient proof to warrant the determination of the board. (359 W. 34th St. v. Board of Stds. & Appeals of the City of N. Y., 279 App. … Y. 878 ; Matter of Douglaston Civic Assn. v. Board of Stds. & Appeals, 278 App. Div. 659 ; Matter of Sima v. Board of Stds. & Appeals, 278 App. Div. 785 ; Matter of Kelly v. Murdock, 275 App. Div. 786 .)

Mendez v. Goroff

25 Misc. 2d 1013 · New York Supreme Court · Jun 21, 1960

Justice Brown of this court when he dismissed the complaint upon the opening statement of counsel under almost identical statement of facts, the court holding: “ To a licensee, present on the roof for his own purposes, in … In Mayer v. Temple Props, (supra) the court pointed out the distinction in Mendelowitz v. Neisner (supra) and Carbone v. Mackchil Realty Corp. ( 296 N. Y. 154 ) and Basmajian v. Board of Educ. ( 211 App.