Case law

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.

Cramer v. Benton

64 Barb. 522 · New York Supreme Court · Jan 7, 1873

In Baldwin v. Brown, ( 16 N. Y. 359 ,) the plaintiff claimed by practical location and adverse possession, in opposition to the deed of his grantor, and his title was sustained. Such, too, were the cases of Pierson v. … Mosher, ( 30 Barb. 81 ,) Jackson v. Long, ( 7 Wend. *517 170 ,) Jackson v. Vedder, ( 3 John. 8 ,) and Same v. Dieffendorf, (Id. 269.) As early as the case of Jackson v.

People ex rel. Kedian v. Neilson

10 N.Y. Sup. Ct. 214 · New York Supreme Court · Dec 15, 1874

Order affirmed as to the appellant, Neilson, and reversed as to Earle and Green, without costs, with leave to respondents to apply for a mandamus against the clerk of the board of education to compel him to sign the draft … of the president of the board.

Varsity Transit, Inc. v. Saporita

98 Misc. 2d 255 · New York Supreme Court · Feb 22, 1979

It has long been established that this law does not blanket all workers who have some working contact with the city or agency or department of the city (Matter of Pinkwater v Joseph, 300 NY 729 ). … In one, Schwartz v Board of Educ. ( 209 App Div 738 ), a 1924 Appellate Division, First Department case, the worker involved was a lineman electrician employed by the Board of Education.

Village of Harriman v. Kabinoff

40 Misc. 2d 387 · New York Supreme Court · Sep 25, 1963

Such permit shall be issued only upon a majority vote of the Board of Trustees, and upon such conditions as may be imposed by the Board for the welfare of the Village.” *388 The defendant Herman Kahinoff is the owner and … The board created the ordinance in its legislative capacity and enacted that the dispensing power be vested in the same body. This it had the power to do. (Matter of Larkin Co. v. Schwab, 242 N. Y. 330, 334 .)

Wilson v. Boerem

15 Johns. 286 · New York Supreme Court · Aug 15, 1818

Clymer, v. Littler, (3 Burr. 1244. 1 Wm. Blacks. 345.) has been urged in support of this rule. … In Jackson v. Kniffen, (2 Johns. Rep. 35.) Mr.

Adolph v. Department of Personnel

71 Misc. 2d 68 · New York Supreme Court · Aug 4, 1972

(Matter of Fitzgerald v. Conway, 275 App. Div. 205 ; Matter of Barlow v. President & Comrs. of N. Y. State Dept. of Civ. Serv., 28 A D 2d 1058; Matter of Rosner v. Civil Serv. Comm. of N. Y. State Dept. of Civ. … (Matter of Acosta v. Lang, 13 N Y 2d 1079, 1081.) For the foregoing reasons the petition must be dismissed.

In re the Arbitration between Morris Central School District Board of Education & Morris Education Ass'n

84 Misc. 2d 675 · New York Supreme Court · Oct 29, 1975

Y. v Board of Higher Educ. of City of N. … Again in Board of Educ. of Chautauqua Cent. School Dist. v Chautauqua Cent.

Tartasky v. Larkin

13 Misc. 2d 648 · New York Supreme Court · Jun 19, 1958

Therefore, the burden of showing that the action of the board was not justified by any reasonable interpretation of the facts rests upon the petitioner (Rodgers v. Village of Tarrytown, 302 N. … (Rodgers v. Village of Tarrytown, 302 N. Y. 115, 122 , supra; Nappi v. La Guardia, 184 Misc. 775, 781 , affd. 269 App. Div. 693 , affd. 295 N. Y. 652 .)

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 .)

Mary I v. Sisters of Mercy

200 Misc. 115 · New York Supreme Court · Apr 23, 1951

Riesner v. New York Nursery & Child’s Hosp., supra, p. 124; Walch v. Walch, supra; People v. Riley, 188 Misc. 969 ). As expressed in People ex rel. Sisson v. … Hagan v.

Marquand v. Webb

16 Johns. 89 · New York Supreme Court · Jan 15, 1819

In the case of Hudson and another v. … The cases of Evans v. Williams, and Ilderton v. Atkinson, (7 Term Rep. 480, 481, in the notes,) Shuttleworth v. Stephens, (1 Campb. 407.) and Milward v.

Culver v. Motor Vehicle Accident Indemnification Corp.

33 Misc. 2d 346 · New York Supreme Court · Mar 2, 1962

(Matter of Danielson v. Motor Vehicle Acc. Ind. Corp., 22 Misc 2d 943 .) … (Rosante v. Copenhaver, 15 A D 2d 825.)

Sherwood v. Holbrook

98 Misc. 668 · New York Supreme Court · Feb 15, 1917

Hubbell v. Henrickson, 175 N. Y. 175 ; Carpenter v. Osborn, 102 id. 552; Gray v. Fuller, 17 App. Div. 29 . … Brinkerhoff v. Brown, 6 Johns. Ch. 139 ; Reed v. Stryker, 4 Abb. Ct. App. Dec. 26 ; Proctor v. Sidney Sash, Blind & Furniture Co., 8 App. Div. 42 ; Hatch v. Heinze, 172 id. 675. In Brinkerhoff 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 .)

In re the Arbitration between Associated Teachers of Huntington & Board of Education

60 Misc. 2d 443 · New York Supreme Court · Jul 25, 1969

In such circumstances, the question of arbitrability must be submitted to an arbitrator for resolution as indicated by the United States Supreme Court in Steelworkers v. Warrior & Gulf Co. ( 363 U. … Thus, under this section, a Board of Education is free to adopt its own grievance procedure.

Truesdale Lake Property Owners' Ass'n v. Collin

22 Misc. 2d 27 · New York Supreme Court · Jun 25, 1959

the building up of unimproved and undeveloped areas ought to be accompanied by provisions for roads and streets and other essential facilities to meet the basic needs *29 of the new residents of the area (Matter of Brous v. … No permit for the erection of any building shall be issued unless ’ ’ and “ Before such permit shall be issued ” (emphasis supplied), and in the light of the unanimous decision of the Court of Appeals in Matter of Brous v.

People v. Cuvilje

85 Misc. 2d 628 · New York Supreme Court · Jan 21, 1976

Pendleton v Smith, 83 Misc 2d 503 ). The First Department followed suit in People v Brown ( 48 AD2d 95 ). … Unfortunately, Brown does not directly answer the questions posed here.

Paynter v. State

187 Misc. 2d 227 · New York Supreme Court · Nov 14, 2000

Corp., 429 US 252, 264-265 ; Washington v Davis, 426 US 229, 240 ; People v New York City Tr. Auth., 59 NY2d 343, 350 , supra; Board of Educ. v Nyquist, 57 NY2d, at 43-44 , supra).” … Prior to 1954 and Brown v Board of Educ. ( 347 US 483 ), many segregated American public schools were sanctioned by the courts as racially “separate but equal.”

Shaw v. Giglio

31 Misc. 2d 282 · New York Supreme Court · Oct 9, 1961

The cited portion of the Otto v. Steinhilber rule was further developed in Matter of Forrest v. … Malone, 26 Misc 2d 817 ; Matter of Chad Homes v. Board of Appeals, 5 Misc 2d 20 ; Matter of Jam Rick Homes v. Young, 28 Misc 2d 561 ).