Case law

6419 New Utrecht Realty Corp. v. New York City Transit Authority

76 Misc. 2d 711 · New York Supreme Court · Jan 11, 1974

Legislative power may be delegated to administrative or executive officials of municipalities (Matter of Village of Saratoga Springs v. Saratoga Gas Co., 191 N. Y. 123, 138 ). … Site selection is properly for the condemning authority, the Selection Board, not for the court (Chelnik v. Wagner, 2 Misc 2d 29, 37 , affd. 2 A D 2d 668).

Barnes v. Seligman

22 N.Y.S. 45 · New York Supreme Court · Feb 13, 1893

Brown. The allegations of the complaint therein are that the deceased, Mr. Seligman, in his lifetime, and George H. … Tolman v. Railroad Co., 92 N. Y. 353 .

Grumet v. New York State Education Department

151 Misc. 2d 60 · New York Supreme Court · Jan 22, 1992

Much of the history of the relationship between the present litigants has been documented by the Court of Appeals in Board of Educ. v Wieder ( 72 NY2d 174 ). … (New York State School Boards Assn. v Sobol, 168 AD2d 188 [3d Dept].) Accordingly, the Appellate Division was satisfied that said Association had standing to litigate the issues before it.

Van Lengen v. Balabanian

50 Misc. 2d 652 · New York Supreme Court · Jun 14, 1966

Matter of Mansfield v. … Service was made only on the candidates and the Board of Elections and not on the committee to fill vacancies. The committee members are not necessary parties to the proceeding. (Matter of Manz v.

Security Police & Fire Professionals of America Retirement Fund v. Mack

30 Misc. 3d 663 · New York Supreme Court · Dec 9, 2010

(Kaplan v Peat, Marwick, Mitchell & Co., 540 A2d 726, 731 [Del 1988]; see also Starrels v First Natl. … (Aronson v Lewis, 473 A2d 805, 807 [Del 1984], overruled on other grounds by Brehm v Eisner, 746 A2d 244 [Del 2000] [Brehm 1].)

Freeman v. City of Yonkers

205 Misc. 947 · New York Supreme Court · Feb 4, 1954

(See Buckley v. Fasbender, 281 App. Div. 985 , and Marcus v. Village of Mamaroneck, 283 N. Y. 325, 332-333 .) … (Hudson v. Town of Oyster Bay, supra.)

Burdick v. Bryant

111 Misc. 2d 756 · New York Supreme Court · Nov 24, 1981

The authority to grant a variance is reserved to a zoning board of appeals (Jaffe v Burns, 64 AD2d 692 ). … (Marcus v Village of Mamaroneck, 283 NY 325 ; Matter of Kaltenbach v Board of Stds. & Appeals of City of N.

Oakley v. Longobardi

51 Misc. 2d 427 · New York Supreme Court · Jul 29, 1966

Y. 911 ; Matter of Smith v. Dillon, 267 App. Div. 39 ). … Y. 274, *429 279 ; Ginsberg v. City of Long Beach, 286 N. Y. 400 ; Matter of Hulbert v. Craig, 124 Misc. 273 , affd. 213 App. Div. 865 , affd. 241 N. Y. 525 ).

Matizara v. Pittsford

54 Misc. 2d 600 · New York Supreme Court · Aug 24, 1967

to which the members of the Town Board and Planning Board should not be subjected. … prior to the enactment of the amendment to the Zoning Ordinance on July 13, 1965 (Lakeville Merrick Corp. v.

Whittaker v. Burns

13 Misc. 2d 233 · New York Supreme Court · May 26, 1958

A public hearing before the Town Board was held on March 11 and on April 18 and the Town Board denied the application. This proceeding was commenced on May 2, 1958. … The court must decide this proceeding according to the law existing at the time of its decision (Matter of Haussman v. Oatley, 285 App. Div. 832 ; Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N.

Aetna Casualty & Surety Co. v. Perrotta

62 Misc. 2d 252 · New York Supreme Court · Feb 3, 1970

Corp. v. Diners Fin. … Co. v. State Public School Bldg. Auth. ( 26 Pa. D. & C. 2d 717 [1961]), has been negated by Jacobs v. Northeastern Corp. ( 416 Pa. 417 ).

Bauman v. County of Schuyler

84 Misc. 2d 75 · New York Supreme Court · Aug 29, 1975

but a rudimentary survival of the maxim "the king can do no wrong” and was based on the theory thát the sovereign could not be sued without its consent, and that a designated agency of the sovereign was likewise immune (Brown … v Board of Trustees, 303 NY 484 ).

Heeran v. Scully

135 Misc. 874 · New York Supreme Court · Feb 15, 1930

(Roberts v. United States, 176 U. S. 221, at 231 , cited with approval in Wilbur v. Krushnic, 280 id. 306 , at 318.) … Hotchkiss v. Smith, 152 App. Div. 514 .)

In re Timmerman

51 Misc. 192 · New York Supreme Court · Jun 15, 1906

-These principles are recognized by the Court of Appeals in Matter of Smith v. Board of Supervisors, 148 N. … Matter of Smith v. Board of Supervisors, 148 N. Y. 187 -194.

Central New York Bridge Ass'n v. American Contract Bridge League, Inc.

72 Misc. 2d 271 · New York Supreme Court · Dec 29, 1972

(New York State Soccer Assn. v. … Johnson v. New York Produce Exch., 149 N. Y. 401, 414 ; see, also, Madden v. Atkins, 4 NY 2d 283 , concurring opn., p. 297).

Shegda v. Village of Lancaster

192 Misc. 560 · New York Supreme Court · Jul 12, 1948

In People v. Gold (6 N. Y. S. 2d 264) the use of the premises varies widely from the contemplated use in this case. … The ordinance involved in the case of City of Yonkers v. Horowitz ( 222 App. Div. 297 ) permitted lodging and boarding houses.

Boisvert v. County of Ontario

89 Misc. 2d 183 · New York Supreme Court · Jan 14, 1977

(Ginsberg v City of Long Beach, 286 NY 400, 403 ; see, also, People ex rel. Walton v Hicks, 173 App Div 338 , affd 221 NY 503 .) … Birch v Mills, 32 Hun 459 ; see, also, Thorne v Squier, 264 Mich 98 , Ann, 89 ALR 126 .) The board acted within its powers on July 29, 1976, and in any event the office then became vacant.

Thomas v. Dickinson

14 Barb. 90 · New York Supreme Court · Sep 6, 1852

Brown, 2 Hill, 485 . ) I am not aware of any sound principle in the way of a recovery in this form of action. … (King v. Brown, before cited.)

Campbell v. Rodrigues

146 Misc. 2d 191 · New York Supreme Court · Jan 4, 1990

Petitioner also argues that the Parole Board did not consider the factors enumerated in Executive Law § 259-i. … Under the circumstances there was a basis for the Board’s conclusions in the record and it cannot be said that the Parole Board’s determination was arbitrary and capricious.

McGahan v. Wagner

8 Misc. 2d 337 · New York Supreme Court · Sep 17, 1957

McGahan, a taxpayer of the City of New York, to compel the Mayor, and the chairman and the director of the New York City Community Mental Health Board to permit the applicant to inspect (1) minutes of meetings of the board … This was squarely held in the recent case of Matter of Cherkis v. Impellitteri ( 307 N. Y. 132 ).