Case law

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).

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.

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 .)

Church v. Town of Islip

6 Misc. 2d 810 · New York Supreme Court · Oct 2, 1956

On July 8,’ 1954, a-public hearing was held by the town board which again referred the matter to the town planning board. … (Freeman v. City of Yonkers, 205 Misc. 947 ; Deligtisch v. Town of Greenburgh, 135 N. Y. S. 2d 220.)

Congregation Beth El v. Crowley

30 Misc. 2d 90 · New York Supreme Court · Jul 24, 1961

(See the itemized requirements set forth in Matter of Crossroads Recreation v. Broz, 4 N Y 2d 39, 44, supra and Matter of Gerling v. Board of Zoning Appeals, 6 A D 2d 250; see, also, Matter of Saitta v. … Board of Zoning Appeals (6 A D 2d 247, 252, supra) “ are intended to bring about conformity with a chosen standard. In the Matter of Harbison v.

Kohnberg v. Murdock

10 Misc. 2d 567 · New York Supreme Court · Aug 23, 1957

As was stated by the Court of Appeals in Matter of Reed v. Board of Standards & Appeals ( 255 N. … Church v. Walsh, 244 N. Y. 280, 287 .)

Larson v. Tangalos

113 Misc. 2d 696 · New York Supreme Court · Apr 22, 1982

He does not approve Election Board payrolls. Such payrolls must be certified to the Director of Finance by one of the commissioners. (Cf. Matter of Starr v Meisser, 39 AD2d 712 .) … To allow the county legislative body to control Board of Election policies in any way would be to thwart the Constitution (M atter of Blondheim v Cohen, 248 App Div 75 , affd 272 NY 520 .)

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.

Western New York Institution for Deaf Mutes v. County of Broome

82 Misc. 63 · New York Supreme Court · Aug 15, 1913

People v. Barnes, 114 N. Y. 317 ; People ex rel. Hamilton v. Supervisors, 35 App. … Martin v. Westchester County, 53 App.

Partridge v. Badger

25 Barb. 146 · New York Supreme Court · Sep 7, 1857

(Moss v. Oakley, 2 Hill, 265 . Barker v. Mechanic Fire Ins. Co., 3 Wend. 94 . Mott v. Hicks, 1 Cowen, 513. Kelley v. Mayor of Brooklyn, 4 Hill, 263 . McCullough v. Moss, 5 Denio, 567 . Halstead v. … Conover v. Ins. Co., 1 Cornst. 290. Bank of U. S. v. Dandridge, 12 Wheat. 83 . Beers v. Phoenix Glass Co., 14 Barb. 358 . Hoyt v. Thompson, 1 £'eld. 320.)

Stich v. Wagner

36 Misc. 2d 51 · New York Supreme Court · Jul 10, 1962

(Matter of Shea v. … Falk, 10 A D 2d 142, affd. 8 N Y 2d 1071; Matter of Donnellan v. O’Dwyer, 189 Misc. 121 ).

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.

City of Utica v. County of Oneida

187 Misc. 960 · New York Supreme Court · Oct 4, 1946

What we have said is enough to show that in our opinion the plaintiff never had a contract * * To the same effect are Salt Company v. East Saginaw (13 Wall. [U. S.] 373), Welch v. Cook ( 97 U. S. 541 ), Tucker v. … (Trenton v. New Jersey, 262 U. S. 182 ; *966 Worcester v. Street Railway Co., 196 U. S. 539 ; City of Rochester v. Rochester Railway Co., 182 N. Y. 99 ; New Orleans v. N. O. Water Works Co., 142 U. S. 79 ; Williams v.

Fabricius v. Graves

174 Misc. 130 · New York Supreme Court · Apr 24, 1940

(Bullock v. Cooley, 225 N. Y. 566, 577, 578 ; Levitch v. Board of Education, 243 id. 373 and cases cited.) … (Kabatt v. Board of Education, 246 App. Div. 886 ; appeal dismissed, 271 N. Y. 629 .)

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.

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.

McCabe v. City of New York

170 Misc. 325 · New York Supreme Court · Feb 6, 1939

(Citing Matter of Towers Management Corporation v. Thatcher, 271 N. Y. 94 .).” … (Citing Matter of Leone v. Brewer, 259 N. Y. 386 .) ” Defendant, in advancing the above argument, apparently overlooks the basic issue involved.

Wilcox v. Wilcox

48 Barb. 327 · New York Supreme Court · Mar 4, 1867

Ho agreement for board is proved; and without an express agreement to pay for board no legal claim arose, and none should be recognized or allowed, under such circumstances. The case of Robinson v. … (Henderson v. Eason, 9 Eng. L. and Eq. 339. Woolever v. Knapp, 18 Barb. 265 . Dresser v. Dresser, 40 id. 300 .) [Monroe General Term, March 4, 1867. It appears that on the decease of the father of Mrs.