Case law

Sawyer v. Church

199 Misc. 1002 · New York Supreme Court · Sep 12, 1950

Schwartz v. Schwartz

25 Misc. 2d 225 · New York Supreme Court · Aug 17, 1960

(Levine v. Levine, 206 Misc. 884 ; Kalish v. Kalish, 7 Misc 2d 612 .) … (Goldman v. Rafel Estates, supra, p. 649 .) The court has not overlooked the fact that in Myers v. Myers (2 A D 2d 835), Brown v. Brown ( 272 App. Div. 936 ), Levine v. Levine (supra), Kalish v.

Honess 52 Corp. v. Widholt

176 Misc. 2d 57 · New York Supreme Court · Mar 11, 1998

Corp. v Anderson, supra; Matter of Twin Lakes Farms Assocs. v Town Clerk of Town of Bedford, 215 AD2d 667 [2d Dept]). … Council of Teachers v Board of Coop. Educ. Servs., 63 NY2d 100, 101-102 ; Matter of Tozzo v Board of Appeals on Zoning, 179 AD2d 810, 811 [2d Dept]; Briedis v Village of Tuxedo Park, 156 AD2d 744, 746 [2d Dept]).

Western New York District, Inc. v. Village of Lancaster

17 Misc. 3d 798 · New York Supreme Court · Aug 28, 2007

(See Matter of Sasso v Osgood, 86 NY2d 374 [1995]; Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Pine Knolls Alliance Church v Zoning Bd. of Appeals of Town of Moreau, 5 NY3d 407 … (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 [2004]; Matter of Pine Knolls Alliance Church v Zoning Bd. of Appeals of Town of Moreau, supra.)

Cristenfeld v. Meisser

64 Misc. 2d 296 · New York Supreme Court · Sep 24, 1970

Board of Supervisors, 7 A D 2d 538, 544-545, affd. 6 N Y 2d 376). Furthermore, the Court of Appeals in Matter of Mansfield v. … Justice Henry Tasker in Matter of De Luca v.

McDonald v. Heffernan

196 Misc. 465 · New York Supreme Court · Oct 17, 1949

Y. 717 ; Matter of Berman v. Heffernan, 295 N. Y, 593; Matter of Brook v. Cohen, 169 Misc. 369 ). … Their knowledge was derived from the decision in the case of Matter of Torchin v. Cohen ( 286 N.

Plotinsky v. Gardner

27 Misc. 2d 681 · New York Supreme Court · Aug 6, 1960

In granting the special exception, the board exceeded its jurisdiction and power, and the special permit here in question is therefore a nullity. (Kaufman v. City of Glen Cove, 180 Misc. 349 ; Matter of Long Is. R. R. … The jurisdiction of the board to grant a variance is limited to an appeal from an order of the building official denying a building permit or certificate of occupancy (Streeter v.

Farrell v. Sunderland

173 Misc. 2d 787 · New York Supreme Court · Aug 5, 1997

In Matter of Harden v Board of Elections ( 74 NY2d 796 ), the Court of Appeals explained the opportunity to ballot remedy as follows: "The 'opportunity to ballot’ remedy fashioned in Matter of Hunting v Power ( 20 NY2d 680 … It was not intended to be a generally available substitute for the petition process” (see, Matter of Harden v Board of Elections, 74 NY2d 796, 797 ).

MacMillan v. Morgenthau

146 Misc. 588 · New York Supreme Court · Feb 15, 1933

Brown v. O’Brien ( 137 App. … Brown v.

People ex rel. McSpedon v. Stout, County Treasurer

4 Abb. Pr. 22 · New York Supreme Court · Dec 15, 1856

The audit and allowance by the Board of Supervisors, in cases where they are authorized to act, is final and conclusive as to the amount to be paid (People v. Supervisors of Queens, 1 Hill, 195 ; Same v. … Hie case of Bradley v.

Miracle Mile Associates v. Department of Environmental Conservation

98 Misc. 2d 519 · New York Supreme Court · Mar 7, 1979

the board labeled "site plan approval” as, in essence, a special use permit, inapplicable to subdivision (b). … "[T]he law should be construed to effectuate its pur *528 pose” (Young v Toia, 66 AD2d 377, 379 , citing Kokoszka v Belford, 417 US 642, 650 ).

Rogers v. North American Philips Co.

37 Misc. 2d 923 · New York Supreme Court · Dec 12, 1962

In Place v. … (Levitt v. Incorporated Vil. of Sands Point, 6 N Y 2d 269; Rodgers v. Village of Tarrytown, supra; Thomas v. Town of Bedford, supra.)

Tompkins Bus Corp. v. LaGuardia

156 Misc. 651 · New York Supreme Court · Jun 25, 1935

(Blanshard v. City of New York, 262 N. Y. 5 , at pp. 11 and 12.) … Such a situation calls for the application of the doctrine of ' clean hands.’ ” (Bee Line, Inc., v. La Guardia, 244 App. Div. 151, 156 .)

Bronx Gas & Electric Co. v. Mayor of New York

17 Misc. 433 · New York Supreme Court · Jun 15, 1896

Corp. 186; Brewis v. City of Duluth, 13. Fed. Repr. 334; see, also, Mobile v. Watson, 116 U. S. 289 ; Cash v. Town of Douglasville, 94 Ga. 557 ; Plunketts Creek Township v. Crawford, 27 Penn. … The case of Morson v.

People v. Chavers

82 Misc. 2d 201 · New York Supreme Court · May 14, 1975

(People v Brown, 26 NY2d 88 .) The rule, based on the absence of the witness, usually meant that the witness was dead. … In People v Brown (supra, p 93 ) the Court of Appeals stated "But whether the person is dead, or beyond the jurisdiction, or will not testify, and cannot be compelled to testify because of a constitutional privilege, all

Gebhard v. New York Club

21 Abb. N. Cas. 248 · New York Supreme Court · Jul 1, 1888

Then, further, the judgments of the board of direction i» not final. … Under such circumstances the plaintiff might well, a» stated in White v. Brownell, 4 Abb. N.

Union Free School District No. 7 v. Nowicki

57 Misc. 2d 66 · New York Supreme Court · Jun 3, 1968

No. 7 v. Allen (29 A D 2d 608, supra) terminating any remaining stay of action by the new Central Board. … (Board of Educ. of Union Free School Dist. No. 6 v. Board of Educ. of Union Free School Dist. No. 7, supra; Gardner v. Ginther, 232 App. Div. 296 [4th Dept., 1931], affd. 257 N. Y. 578 ; Matter of Board of Educ. v.

People ex rel. Guersney v. Pierson

35 Misc. 406 · New York Supreme Court · Jul 15, 1901

The town canvassing board consists of the justices of the peace of the town and the town clerk. One of such justices was .not present at the canvass of the votes, but there was present one J. P. … Otherwise the canvassing board has done its full duty. They are to canvass the returns made to it. They have no power to recall the inspectors and compel them to correct irregularities.

People ex rel. Walsh v. Teller

169 Misc. 342 · New York Supreme Court · Sep 15, 1938

Markham v. Simpson ( 175 N. C. 135 ; 95 S. … Markham v.

Simmons v. Cloonan

2 Lans. 346 · New York Supreme Court · Mar 15, 1870

to Brown’s assignee. *351 This conveyance merged all prior cotemporaneous agreements which had been made, and it is evident that Brown bought the premises intending to use them for milling purposes, and that Hasbrouck knew … The doctrine is fully discussed in Lampman v. Milks ( 21 N.