Case law

Thurman v. Wells

18 Barb. 500 · New York Supreme Court · Oct 3, 1854

In Prosser v. … Brown, S. B. Strong and Rockwell, Justices.)

Conlin v. Aiello

92 Misc. 2d 235 · New York Supreme Court · Nov 4, 1977

to comply with the constitutional mandate of section 6 of article V (Beck v Board of Educ. of City of N. … , an arrangement violative of the State Constitution (see Beck v Board of Educ. of City of N.

Collier Service Corp. v. Boland

167 Misc. 709 · New York Supreme Court · Mar 23, 1938

(Washington, Virginia & Maryland Coach Co. v. National Labor Relations Board, 301 U. S. 142 .) … In Jeffery-DeWitt Insulator Co. v. National Labor Relations Board (91 F. [2d] 134; certiorari denied, 302 U. S. 731 ; 58 S.

Kominski v. Western Express Co.

37 Misc. 2d 992 · New York Supreme Court · Dec 4, 1962

(Guss v. … (General Advertisers Serv. v. Doe, 16 A D 2d 552; Dempsey v. Atlantic & Pacific Tea Co., 11 A D 2d 419; Stork Restaurant v. Fernandez, 8 A D 2d 38; Rodgers v. O’Connell, 34 Misc 2d 62 ; Honegger v.

S. B. Garage Corp. v. Murdock

185 Misc. 55 · New York Supreme Court · Apr 27, 1945

Sondern v. Walsh No. 1 ( 108 Misc. 193 ) and People ex rel. Sondern v. … (People v. Santa Clara Lumber Co., 213 N. Y. 61 ; Marcus v. Village of Mamaroneck, 283 N. Y. 325 , supra; Village of North Pelham v. Ohliger, 216 App. Div. 728 , affd. 245 N. Y. 593 ; Lipsitz v.

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.

Oakley v. Longview Owners, Inc.

165 Misc. 2d 192 · New York Supreme Court · May 10, 1995

A finding of bad faith on the part of the board would be significant because it would open the board to liability despite the business judgment rule as applied in Matter of Levandusky v One Fifth Ave. Apt. … However, the rule is not absolute and a court may find it has a basis for review where the alleged acts are beyond the authority of the board, done in bad faith, or are discriminatory (see, Levandusky v One Fifth Ave.

Longobardi v. Oakley

51 Misc. 2d 424 · New York Supreme Court · Jun 14, 1966

Matter of Lemir Realty Corp. v. Larkin, 11 N Y 2d 20; Matter of Guardian Life Ins. Co. v. Bohlinger, 308 N. Y. 174 ). … Matter of Mitchell v. Prendergast, 178 App. Div. 690 , affd. 222 N. Y. 543 ; People v. Keeler, 17 N. Y. 370, 374 ).

Anthony Trinca & Associates, Inc. v. Tilden Construction Corp.

44 Misc. 2d 1094 · New York Supreme Court · Jan 5, 1965

American Blower Corp. v. James Talcott, Inc. (10 N Y 2d 282) and Merit Plumbing & Heating v. Eastern Nat. Bank (221 N. Y. S. 2d 143) are clearly distinguishable. In American Blower Corp. v. James Talcott, Inc. … In Merit Plumbing & Heating v. Eastern Nat.

Baker v. Henry Glass & Co.

140 Misc. 2d 836 · New York Supreme Court · Aug 3, 1988

Hart Sys., 114 AD2d 363 [2d Dept 1985]; Matter of Dusel v *838 Castellani, 43 AD2d 799 [4th Dept 1973]; Matter of Wilkins v Ascher Silk Corp., 207 App Div 168 [1st Dept 1923]). … A director may be held accountable for actions taken by less than the full board and "does not exempt himself from liability by failing to do more than passively rubber-stamp the decisions of the active managers” (Barr v

Russell v. Fernandez

158 Misc. 2d 138 · New York Supreme Court · Mar 24, 1993

(People v Castro, 119 Misc 2d 787 .) … (Board of Regents v Roth, 408 US 564, 572, 573 [1972], citing Meyer v Nebraska, 262 US 390 , and Wisconsin v Constantineau, 400 US 433 .)

Chelnik v. Wagner

2 Misc. 2d 29 · New York Supreme Court · Dec 6, 1955

In Adamson v. Nassau Electric R. R. Co. ( 89 Hun 261, 264 ) the court said of Adamson v. Union R. R. … The latter board is not a party to this action (see Schnepel v. Board of Educ. of City of Rochester, 302 N. Y. 94 ).

People ex rel. Diaz v. Superintendent, Green Haven Correctional Facility

90 Misc. 2d 1000 · New York Supreme Court · Jul 13, 1977

It is relator’s contention that the mandate of Morrissey v Brewer ( 408 US 471 ) for a prompt final parole revocation hearing is also a mandate for a complete hearing and that the failure of the board to make a time assessment … by the board for re-release.

Reeves v. Bushby

25 Misc. 226 · New York Supreme Court · Nov 15, 1898

v. … The case of Brown v. Dennison, above cited, was decided on the authority of More v. Rand, 60 N.

Pratt v. Dwelling-House Mut. Insurance

6 N.Y.S. 78 · New York Supreme Court · Jun 21, 1889

Salisbury, as his mortgage interest may appear. ” There is every reason to suppose that the policy was written immediately after the so-called approval by Brown; and the allegation of the complaint is that it was issued on … One other ground upon which the plaintiff seeks to avoid the objections to his policy is that of waiver, on the principle recognized in the case of Titus v. Insurance Co., 81 N. Y. 410 .

Horan v. Dominy

43 Misc. 2d 62 · New York Supreme Court · May 7, 1964

Board of Educ., 143 N. Y. S. 2d 788, affd. 1 A D 2d 785.) … (Matter of Coombs v. Edwards, 280 N. Y. 361, 364 ; cf. Matter of Frankle v. *64 Board of Educ., 173 Misc. 1050 .)

Metropolitan Life Insurance v. Durkin

195 Misc. 1040 · New York Supreme Court · Jun 1, 1949

(Matter of Mahon v. Board of Education, 171 N. Y. 263, 266-267 .) In Porter v. Fletcher ( 153 App. Div. 470,472 , affd. 211 N. … Before we can have an extra or additional compensation there must be an amount fixed by contract or by law (Matter of Mahon v. Board of Education, supra).

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.)

Shields v. Martin

21 Misc. 2d 1023 · New York Supreme Court · Feb 10, 1960

The board’s determination of the 1955 application is determinative of this application unless there has been a change of circumstances. (Matter of Caper v. Parker, 271 App. Div. 839 .) … Whether there has been a sufficient change to give the board power to consider a new application is primarily for the determination of the board in the first instance (Ellsworth Realty Co. v. Kramer, 268 App.

People ex rel. Powott Corp. v. Woodworth

172 Misc. 791 · New York Supreme Court · Nov 22, 1939

Co. v. Woodbury, 133 App. Div. 503 ; affd., 201 N. Y. 532 .) No application to the board of assessment review having been made or required, it was unnecessary to join the board as a party. … Co., v. Board of Commrs. (supra). The provision was not re-enacted that a board or body could not be joined in its associate or official name unless an action would he against it.