Case law

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).

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.

In re Bensel

124 N.Y.S. 716 · New York Supreme Court · Dec 15, 1909

Many trains are run during the summer season on this Ulster & Delaware Railroad, and there is a large livery at Brown’s Station near Olive Branch which can be easily induced to send a rig to Olive Branch, the station in question … This land is in the heart of the Catslcill boarding house and hotel region noted for its health-giving properties.

Henderson v. La Guardia

182 Misc. 1071 · New York Supreme Court · May 29, 1944

In 1938 the Court of Appeals of the State of New York in rendering its opinion in Matter of Wingate v. McGoldrick ( 279 N. … Y. 246, 248 ) stated: “ It is the duty of the Board of Estimate (formerly Board of Estimate and Apportionment) to make the necessary appropriations to meet such county charges.

Murray v. Columbian Insurance

11 Johns. 302 · New York Supreme Court · Aug 15, 1814

In Riley v. … purchased and put on board the Rolla, at Messina.

Loos v. City of New York

170 Misc. 14 · New York Supreme Court · Jan 31, 1939

Corp. v. Public Service Comm. ( 264 N. Y. 230 ) the term “ franchises ” was defined as “ consents.” And in Greenberg v. … McLean v. Flagg, 46 N. Y. 401, 405 .)

Zimmerman v. Kramer

29 Misc. 2d 413 · New York Supreme Court · Jun 29, 1961

In Sima v. Board of Stds. & Appeals ( 278 App. Div. 785 [2d Dept.]) the landowner was not joined at all; and in Perri v. Zoning Board of Appeals ( 283 App. Div. 818 [2d Dept.]); Matter of Douglaston Civic Assn. v. … Others have clearly held that the only indispensable party defendant or respondent is the board or agency whose determination is to be reviewed (Second Ref. Church v. Board of Adjustment, 30 N. J. Super. 338; Tod v.

Rogers v. Wheeler

6 Lans. 420 · New York Supreme Court · Jun 15, 1872

Brown, agent, and directed to the plaintiffs, at Ausable Forks. … (Blossom v. Griffith, 3 Kernan, 569; Miller v. Steam Navigation Co., 10 K. Y., 431; Goold v. Chapin, 20 id., 259; Ladue v. Griffith, 25 id., 364; Fenner v. Buffalo and State Line R. R. Co., 44 id., 505; Witbeck v.

Flagg v. Murdock

172 Misc. 1048 · New York Supreme Court · Oct 20, 1939

(Smith v. Donahue, 202 App. Div. 656, 664 .) As distinguished from public or common schools, private schools are those supported and managed by individuals. (Jenkins v. … As to the variance sought, the court doubts if the board had power to grant it. (Young Women’s Hebrew Assn. v. Board of Standards & Appeals, 266 N. Y. 270 .)

Seaman v. Reeve

15 Barb. 454 · New York Supreme Court · Jan 3, 1853

[Kings General Term, January 3, 1853. ' Baratío, Brown and S.B. Strong, Justices.] This view of the case also disposes of the other objection. … (Dubois v. Dubois, 6 Cowen, 494.) The judgment must be affirmed. Brown, J. concurred. S. B. Strong, J. dissented. Judgment affirmed.

Art Steel Co. v. Velazquez

201 Misc. 141 · New York Supreme Court · Jan 3, 1952

Co. v. Durkin, 301 N. … (See Allen-Bradley Local v. Board, 315 U. S. 740 ; Auto Workers v. Wis. Board, 336 U. S. 245 ; Automobile Workers v. O’Brien, 339 U. S. 454 ; Bus Employees v. Wisconsin Board, 340 U.

New York State Teachers Ass'n v. Helsby

57 Misc. 2d 1066 · New York Supreme Court · Oct 21, 1968

(Matter of Protnicki v. New York State Dept. of Civ. Serv., 18 A D 2d 859 [3d Dept.]; Matter of Kaney v. New York State Civ. Serv. Comm., 190 Misc. 944 , affd. 273 App. Div. 1054 , affd. 298 N. … Y. 707 ; Matter of City of New York v. Maltbie, 248 App. Div. 36 , affd. 274 N. Y. 464 ; Matter of Lyons v. Goldstein, 290 N. Y. 19 ; Matter of Potsdam Cent. School Dist. No. 2 v. Frank, 56 Misc 2d 605 .)

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 .

Ungar v. Wagner

22 Misc. 2d 403 · New York Supreme Court · Mar 2, 1960

Wooster v. Maher, 141 N. Y. 330 ). Inquiry is therefore directed to whether any ministerial act which the board is directed by law to perform has been refused. … Housing Act and to report thereon to the board.

Luchowski v. Lawley

26 Misc. 2d 148 · New York Supreme Court · Sep 23, 1960

(See Matter of Walsh v. Boyle, 179 App. Div. 582, 588 ; Matter of Burr v. Voorhis, 192 App. Div. 909 , affd. 229 N. Y. 382 .) … See, also, Matter of Childs v. Curran, 183 Misc. 195, 198 .) Here, the petitioner fails to prove compliance with the conditions set forth in section 104 of the Election Law (subd. 1).

Casino Productions, Inc. v. Vitaphone Corp.

163 Misc. 403 · New York Supreme Court · Feb 18, 1937

(Fendler v. Morosco, 253 N. Y. 281 .) … (Sheldon v.

People v. Fisher

98 Misc. 131 · New York Supreme Court · Nov 15, 1916

Rogers v. Bradshaw, 20 Johns. 735 ; C hapman v. Gates, 54 N. Y. 133 , 143; Hamersley v. Mayor, 56 N. Y. 533, 536 . And in People v. Adirondack R. Co., 160 N. … Miller v. Brinkerhoff, 4 Den. 118 ; Staples v. Fairchild, 3 N. Y. 41, 46 ; Sheldon v. Wright, 5 id. 497; Skinnion v. Kelley, 18 id. 355; Potter v. Ogden, 136 id. 384, 396; Lamp Chimney Co. v. Brass & Copper Co., 91 U.

Bonesteel v. Garlinghouse

60 Barb. 338 · New York Supreme Court · Sep 4, 1871

(Powers v. Wilson, 7 Cowen 274. Lathrop v. Briggs, 8 id. 171. Ransom v. Keyes, 9 id. 128. Poucher v. Holley, 3 Wend. 184 . Kasson v. People ex rel. Rease, 44 Barb. 347 .) … In Clark v. Clement, (6 T.