Case law

Jones v. Morrill

42 Barb. 623 · New York Supreme Court · Dec 12, 1864

By the act of the legislature passed in 1860, “for the protection of boarding housekeepers” (Sess. … (Connell v. Cooke, 3 Hill, 485 .)

Saile v. Edell

96 Misc. 264 · New York Supreme Court · Jul 15, 1916

It seems to me that a serious question is presented, however, as to the legal capacity of the town board to institute this action. Town of Hempstead v. Lawrence, 138 App. Div. 473 ; Tuma v. Piepenbrink, 77 Misc. … Irving National Bank v. Corbett, 10 Abb. N. C. 85 ; Van Zandt v. Van Zandt, 26 N. Y. St. Repr. 963. The demurrer, therefore, must be overruled. Demurrer overruled.

Van Allen v. McCleary

27 Misc. 2d 81 · New York Supreme Court · Jan 18, 1961

(Schnepel v. Board of Educ. of City of Rochester, 302 N. Y. 94 .) … Moreover, it has been held in Gwynne v. Board of Educ. ( 259 N.

Johnson v. Parsons

207 Misc. 107 · New York Supreme Court · Dec 7, 1954

(See Matter of Bethlehem Union Free School Dist. v. Wilson, 303 N. Y. 107 , 114 ; Bullock v. Cooley, 225 N. Y. 566 , supra ; Matter of Board of Educ. of Cent. School Dist. No. 1, Town of Somers, v. Stoddard, 49 N. Y. … Thus the statute complained of is constitutional (Matter of Board of Educ. of Bethlehem Union Free School Dist. v. Wilson, 303 N. Y. 107,114-115 , supra ; Gardner v. Ginther, 232 App. Div. 296 , affd. 257 N.

Williams v. Adami

70 Misc. 2d 702 · New York Supreme Court · Jul 27, 1972

Michaelis, 22 Misc 2d 107 ; Rosenblatt v. Druck, N. Y. L. J., July 20, 1945, p. 130, col. 6). … In conclusion, the court also finds that petitioners have failed to demonstrate any unusual hardship or economic deprivation which would have justified the Board of Appeals in granting them a variance (Von Elm v.

Platinum Equity Advisors, LLC v. SDI, Inc.

51 Misc. 3d 1230A · New York Supreme Court · Jun 7, 2016

Kletter Brown Rudnick LLP For Defendant: Joel M. Miller and Nicholas Cutaia Miller & Wrubel P.C. Eileen Bransten, J. … See, e.g., Shisgal v. Brown , 21 AD3d 845 , 847 (1st Dep't 2005) (noting that intent "is ordinarily a question of fact which cannot be resolved on a motion for summary judgment").

In re Investigation of the Financial Affairs

59 Misc. 388 · New York Supreme Court · May 15, 1908

Village of Fort Edward v. Fish, 156 ET. V. 363. … La Canandaigua v. Hayes, 90 App.

Hascall v. Madison University

8 Barb. 174 · New York Supreme Court · Mar 4, 1850

The case of Florence v. … the university board.

Seaman v. Drake

1 Cai. Cas. 9 · New York Supreme Court · May 15, 1803

Elliot v. Hay, Ibid. 334,) yet, as it will be allowed at any Vane pending the suit, and this though they be indemnified, (Browne-low v. Forbes, 2 Johns. … As to relief of hail after discharge of principal, see also, Campbell v. Palmer, 6 Cow. 596 . Cunningham v. Brown,, 5 Id. 289. Franklin v. Thurber, 1 Id. 421. Mechanics’ Bank v. Hanard, 9 Johns. Rep. 392. Post v.

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.)

In re Buckley

183 Misc. 189 · New York Supreme Court · Aug 28, 1944

The by-law in question sought merely to prevent the directors from removing the Chairman of the Board without■ cause. In Clark v. Dodge ( 269 N. … The gist of the holding in Clark v.

Erhard v. Kings County

36 N.Y.S. 656 · New York Supreme Court · Oct 15, 1895

Brady v. Supervisors, 10 N. Y. 260 ; Boyce v. Supervisors, 20 Barb. 294 ; Adams v. Supervisors, 66 Barb. 368 ; Martin v. Supervisors, 29 N. Y. 645 ; People v. Supervisors of Livingston Co., 12 How. Prac. 204 ; People v. … See People v. Supervisors of Madison Co., 51 N. Y. 442 ; Boyce v. Supervisors, 20 Barb. 294 ; Chase v. Saratoga Co., 33 Barb. 603 ; Albrecht v. County of Queens, 84 Hun, 399 , 32 N. Y. Supp. 473 ; People v.

People ex rel. Metropolitan Bank v. Commissioners of Taxes

43 Barb. 494 · New York Supreme Court · Feb 6, 1865

He also cites many Massachusetts cases, (Boston v. S. Glass Co., A Metcalf, 181; Dow v. … Church, v. Supervisors of Allegany, ( 15 Wend. 132 ;) People, ex. rel. Onderdonk, v. Supervisors of Queens, ( 1 Hill, 195 ;) Fitch v. Commissioners of Kirkland, ( 22 Wend. 132 ,) and Mott v.

Aiello v. Power

9 Misc. 2d 523 · New York Supreme Court · Aug 30, 1957

Written across these spaces, presumably by a board official, are the words, in large letters, “ Board of Elections — Transfer of Enrollment.” … (Matter of Caligiuri v. Maisel, 197 Misc. 1000 , affd. 277 App. Div. 946 , affd. 301 N. Y. 667 ; Matter of Scarfone v. Ruggieri, 197 Misc. 1007 , affd. 277 App. Div. 931 , affd. 301 N. Y. 662 .)

Hulbert v. Craig

124 Misc. 273 · New York Supreme Court · Jan 8, 1925

I Finally the petitioner contends that inasmuch as the president If the board of aldermen is a member of the board of aldermen, lhat body is the sole judge of his tenure. … Cutts v. Hart, 56 Mont. 571 .) *280 In People ex rel. Sherwood v. Board of Canvassers ( 129 N.

Davis v. Sims & Bates

1 Hill & Den. 234 · New York Supreme Court · Jul 1, 1843

We may say, as was said in Harvey v. Young (Yelv., 20, 21), where the action was founded upon a false affirmation of the value of a term, it was the plaintiff’s folly to give credit to such an assertion. (Dayley v. … J., 386; Ekins v. Tresham, 1 Lev., 102; Parley v. Freeman, 3 T. R., 54.) The rule of the civil law is the same. (Domat 85, book 1, sec. 11, pi. 12.)

Collins v. Heffernan

187 Misc. 165 · New York Supreme Court · Aug 13, 1946

This is an application to set aside the action of the Board of Elections declaring invalid the designating petition of Charles A. … Insofar as the petitioner seeks to set aside the action of the Board of Elections it is based on the fact that the Board of Elections did not have the right to seek evidence of facts not appearing on the face of the petition

Hook v. Kenyon

9 N.Y.S. 40 · New York Supreme Court · Feb 11, 1890

Brooks v. Schwerin, 54 N. Y. 348 . … Reynolds v. Robinson, 64 N. Y. 593 . “A married woman owes no duty to her husband * * * to carry on any business in his house or elsewhere for the purpose of earning money for him.” Coleman v. Burr, 93 N. Y. 30 .

People ex rel. Bailey v. Supervisors of Greene

12 Barb. 217 · New York Supreme Court · Dec 1, 1851

That board met on the Tuesday following the election, and organized according to law. … (The People v. Stevens, 5 Hill, 631 , n. a, per Kent, C. Judge.) The motion for a peremptory mandamus must therefore be denied. Harris, Parker and Wright, Justices.]

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.