Case law

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  • Sisters of Mercy v. Barbieri

    200 Misc. 112 · New York Supreme Court · Feb 14, 1950

    *113 provision: “ We do hereby agree to' accept children for board, subject to the rules of the boarding out department of Angel Guardian Home, a copy of which is in our possession.” … Herzog v. Morgan, 287 N.

    Cited 5 timesPublished
  • Lazarus v. Yorkview Theater Corp.

    74 Misc. 2d 729 · New York Supreme Court · Jun 19, 1973

    Kingsley Books v. Brown ( 354 U. S. 436 ). … People v. Richmond County News, 9 N Y 2d 578). But it should be noted in Richmond (supra) and in Brown v.

    Cited 1 timesPublished
  • Commissioners of the State Insurance Fund v. Stevens

    25 Misc. 2d 799 · New York Supreme Court · Feb 24, 1960

    (see Matter of Feiertag v. … As to this aspect of the defendants’ plea, the papers submitted indicate that the case was marked closed by the Workmen’s Compensation Board. This determination is final unless set aside in a proper manner (cf. Drier v.

    Cited 3 timesPublished
  • 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.

    Cited 1 timesPublished
  • Bryant v. Wilkins

    45 Misc. 2d 923 · New York Supreme Court · Mar 29, 1965

    Similar proceedings were instituted in Matter of Brown v. … On this motion, petitioners contend that the regulations adopted by the Commissioner of Correction do not comply with the court’s mandate in Brown v.

    Cited 8 timesPublished
  • People ex rel. Queens Borough Gas & Electric Co. v. Woodbury

    67 Misc. 481 · New York Supreme Court · May 15, 1910

    Jamaica Water Supply Co. v. Board of Tax Commissioners. 196 N. … The case of People v. Barker, 139 N.

    Cited 1 timesPublished
  • 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 ).

    Cited 1 timesPublished
  • In re Ballard

    141 Misc. 319 · New York Supreme Court · Sep 15, 1931

    That such limitation upon the action of the Board is a proviso and not an exception I believe. (See Rowell v. Janvrin, 151 N. … (Matter of Barker v. Switzer, 209 App. Div. 151, 153 ; City of Utica v. Hanna, 202 id. 610; Matter of Melita v. Nolan, 126 Misc. 345 ; Coley v. Campbell, Id. 869; City of Glens Falls v.

    Cited 6 timesPublished
  • Mars Associates, Inc. v. Palmer

    140 Misc. 2d 1005 · New York Supreme Court · Aug 10, 1988

    (Matter of Jacobs v Altman, 69 NY2d 733, 735 [1987]; Matter of Rush v Mordue, 68 NY2d 348, 354 [1986].) … (La Rocca v Lane, 37 NY2d 575, 579-580 [1975].)

    Cited 1 timesPublished
  • Rochester Poster Advertising Co. v. Town of Irondequoit

    33 Misc. 2d 1072 · New York Supreme Court · May 2, 1962

    (Stuart v. Palmer, 74 N. Y. 183, 188 , supra; City of Rochester v. West, 164 N. Y. 510, 514 .) … Having held that the action of the Board was a nullity, there is no determination to be reviewed by me. (Matter of Foy v. Schechter, 1 N Y 2d 604, 612.)

    Cited 1 timesPublished
  • Tishman Realty & Construction Co. v. Walsh

    135 Misc. 315 · New York Supreme Court · Nov 13, 1929

    Werner v. Walsh ( 212 App. Div. 635 ; affd., 240 N. … (See, also, Matter of Goldenberg v. Walsh, 215 App. Div. 396, 401 , dissenting opinion of Mr. Justice McAvor, which was adopted by the Court . of Appeals in reversing the decision of the Appellate Division, 242 N.

    Cited 1 timesPublished
  • Pabian v. McNab

    9 Misc. 2d 995 · New York Supreme Court · Sep 3, 1957

    Matter of Brook v. … Conversely, it was held in Matter of Corn v.

    Cited 6 timesPublished
  • Corbett v. Union Free School District No. 21

    199 Misc. 930 · New York Supreme Court · Mar 26, 1951

    Board of Educ. of the City of Rochester, supra; Judd v. Board *933 of Educ., 278 N. Y. 200 ). … Justice Jaycox in Board of Educ. of School Dist. No. 1, Town of Hempstead v. Harper (191 N. Y. S. 273).

    Cited 4 timesPublished
  • Delaware Midland Corp. v. Incorporated Village of Westhampton Beach

    79 Misc. 2d 438 · New York Supreme Court · Sep 19, 1974

    of Supervisors v. … Enabling enactments provide local planning boards with discretion in dealing with subdivisions provided they act within the bounds of regulations approved by the local governing body (Villa-Laken Corp. v.

    Cited 16 timesPublished
  • Village of Attica v. Day

    134 Misc. 882 · New York Supreme Court · Oct 14, 1929

    Lodes v. Department of Health ( 189 N. Y. 187, 196 ); Hinman v. Clark ( 121 App. Div. 105, 110 ); N. Y. State Investing Co. v. Brady (214 id. 592, 599); Matter of Walker ( 84 Misc. 118 ); Fox v. … The rule of construction is well stated by the court in the case of Salmon v.

    Cited 2 timesPublished
  • Grossman v. City of New York

    71 Misc. 2d 234 · New York Supreme Court · Mar 29, 1972

    (Ricker v. Board of Educ. of City of N. Y., 196 N. Y. S. 2d 17, 21). … Vaccaro v. Board of Educ. of City of N. Y., 54 Misc 2d 206 , supra; Konig v. McCoy, 63 Misc 2d 1038 , revd. N. Y. L.

    Cited 12 timesPublished
  • People ex rel. Frost v. Fay

    3 Lans. 398 · New York Supreme Court · Apr 15, 1871

    Canal Board ( 13 Barb., 432 ), and The People v. Brennan ( 39 Barb., 652 ). It is said, in The People v. Contracting Board ( 27 N. … Bullard v. The Contracting Board ( 33 N. Y., 382 ), has been briefly reported.

    Cited 3 timesPublished
  • Novak v. Town of Poughkeepsie

    57 Misc. 2d 927 · New York Supreme Court · May 21, 1968

    Nechamcus v. Warden, 144 N. Y. 529 ). … (See, also, Acorn Employment Serv. v. Moss, 292 N. Y. 147 , 153: Matter of Concordia Collegiate Inst. v. Miller, 301 N. Y. 189 , 194 — 196; Matter of Barry v. O’Connell, 303 N. Y. 46, 52-53 ; Matter of Swalbach v.

    Cited 4 timesPublished
  • Richards v. Robson

    41 Misc. 2d 850 · New York Supreme Court · May 23, 1962

    The court believes that they set forth sufficiently the reasoning necessary to the decision made by the board. It believes also that the board’s function on this proceeding is as stated by the Court of Appeals. … (Matter of Lemir Realty Corp. v. Larkin, 11 N Y 2d 21, 24; Civ. Prac. Act, § 1383 et seq.)

    Cited 3 timesPublished
  • Morse v. Delaney

    128 Misc. 317 · New York Supreme Court · Nov 16, 1926

    Rodgers v. Coler ( 166 N. … (Atkin v. Kansas, 191 U. S. 207 ; Ellis v. United States, 206 U. S. 246 ; People ex rel. Cossey v. Grout, 179 N.

    Cited 2 timesPublished

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