Case law

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  • Phillips v. Mercantile National Bank

    22 N.Y.S. 254 · New York Supreme Court · Feb 17, 1893

    Much stress is placed by appellant upon the case of Shipman v. Bank, 126 N. Y. 318 , 27 N. E. Rep. 371. … A case which has been frequently referred to, and which we think more like this in principle, is that of Hortsman v.

    Cited 0 timesPublished
  • Hardy v. Warden of Queens House of Detention for Men

    56 Misc. 2d 332 · New York Supreme Court · Mar 12, 1968

    Pro., §§ 555, 556) and we are, therefore, restricted accordingly (People v. Wirtschafter, 305 N. Y. 515, 519, 521 ). … State Board of Parole, 293 N. Y. 254, 257 ). Along with the benefits *335 of this “ extension of grace ” (People ex rel. Kenny v.

    Cited 5 timesPublished
  • Dengeles v. Young

    1 Misc. 2d 692 · New York Supreme Court · Nov 21, 1955

    (Village of Stamford v. Fisher, 140 N. Y. 187 ; Welch v. City of Niagara Falls, 210 App. … There appears to have been no uniform policy requiring application to the town board for permits for the erection of diners. Certain it is that some such permits were issued without town board hearings.

    Cited 3 timesPublished
  • Matteawan Co. v. Bentley

    13 Barb. 641 · New York Supreme Court · Oct 4, 1852

    By the Court, Brown, J. … (Masson v. Bovet, 1 Denio, 74 .) Thus in Baker v.

    Cited 18 timesPublished
  • Kings Bay Buses, Inc. v. Aiello

    100 Misc. 2d 1 · New York Supreme Court · Jun 27, 1979

    Gaskell, Inc. v Maslanka, 33 Misc 2d 88, 90 ). … is a reasonable basis for its determination (Matter of Sanford Fire Apparatus Corp. v Board of Fire Comrs., Lysander-Cody Fire Dist., 81 Misc 2d 992, 996 ; Matter of W.

    Cited 1 timesPublished
  • In re Vedder's Estate

    17 N.Y.S. 93 · New York Supreme Court · Dec 28, 1891

    In Brown v. Knapps, 79 N. … In Rathbone v. Hooney, 58 N. Y. 463 , there had been a foreclosure, to which one Mr. Brown was a party defendant. Mrs.

    Cited 14 timesPublished
  • Tarrant v. Incorporated Village of Roslyn

    19 Misc. 2d 238 · New York Supreme Court · Apr 10, 1959

    bureau of the Village of Roslyn (Village Law, § 179-b; Matter of Fox v. … Town of Greece v. Smith, 256 App. Div. 886 ).

    Cited 4 timesPublished
  • People ex rel. Sullivan v. Mayor of New York

    128 N.Y.S. 776 · New York Supreme Court · Sep 13, 1910

    Balcom v. Mosher, 163 N. Y. 32 , 57 N. E. 88 , 79 Am. St. Rep. 552 . … of the city) to allow such appropriations as would seem to said board advisable.

    Cited 2 timesPublished
  • 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.

    Cited 3 timesPublished
  • Serotte v. New York State Education Department

    63 Misc. 2d 999 · New York Supreme Court · Jul 28, 1970

    There is nothing contained in the petition which demonstrates pure arbitrariness (Matter of Board of Educ. v. Allen, 6 N Y 2d 127; Matter of Ocean Hill-Brownsville Governing Bd. v. Board of Educ., 23 N Y 2d 483). … Epstein, 5 N Y 2d 70; Matter of Gimprich v. Board of Educ., 306 N. Y. 401 ; Matter of Gorfinkel v. Allen, 58 Misc 2d 43 ). Judgment may enter accordingly.

    Cited 4 timesPublished
  • Capitol Distributors Corp. v. Jones

    2 Misc. 2d 816 · New York Supreme Court · Jan 13, 1956

    This appeal is pending before the board and will be heard shortly. … (Radano v. Town of Huntington, 281 App. Div. 682 , affd. 305 N. Y. 911 ; Matter of Rosenbush v. Keller, 271 N. Y. 282 ; Matter of Towers Management Corp. v. Thatcher, 271 N. Y. 94 .)

    Cited 1 timesPublished
  • In re the Arbitration between Central School District No. 1 & Mahopac Teachers Ass'n

    72 Misc. 2d 503 · New York Supreme Court · Dec 20, 1972

    Finally, the power to grant tenure to teachers is vested exclusively in the Board of Education. It is not an arbitrable issue. (See Legislative Conference of City Univ. of N. Y. v. Board of Higher Educ. of City of N. … Y., 38 AD 2d 478;Matter of McMaster v. Owens, 275 App. Div. 506 .)

    Cited 3 timesPublished
  • Cross v. Cohen

    183 Misc. 611 · New York Supreme Court · Jul 14, 1944

    In Campbell v. … In Earl v.

    Cited 4 timesPublished
  • Martin Epstein Co. v. City of New York

    31 Misc. 2d 759 · New York Supreme Court · Sep 12, 1950

    (Matter of Pagano Realty Corp. v. O’Dwyer, 195 Misc. 157 ; Matter of Rivkin v. Garbros, Inc., 183 Misc. 389 ; Matter of J. D. L. Corp. v. Bruckman, 171 Misc. 3 .) … (Syracuse Intercepting Sewer Bd. v. Fidelity & Deposit Co., 255 N. Y. 288 ; Picone v. City of New York, 176 Misc. 967 .)

    Cited 3 timesPublished
  • Gordon v. Town of Hempstead

    196 Misc. 954 · New York Supreme Court · Dec 2, 1949

    Y. 123 ; Matter of Small v. Moss, 279 N. Y. 288 ; Panama Refining Co. v. Ryan, 293 U. S. 388 ; Matter of Little v. Young, 82 N. Y. S. 2d 909, affd. 274 App. Div. 1005 , 299 N. Y. 699 ; Matter of Davison v. … Seattle Title Trust Co. v. Roberge ( 278 U.

    Cited 1 timesPublished
  • Thorne v. Cramer

    15 Barb. 112 · New York Supreme Court · Oct 6, 1851

    The Supervisors of the County of Westchester, ( 4 Barb. 64 ;) People v. The City of Brooklyn, (6 Id. 209 ;) and Griffing v. … Morse, Barcido and Brown, Justices.] In the case of Parker v.

    Cited 19 timesPublished
  • State v. Sour Mountain Realty, Inc.

    183 Misc. 2d 313 · New York Supreme Court · Mar 30, 1999

    William Brown is an expert in the field of biology. … Brown has been involved in long-term research on timber rattlesnake populations in New York State.

    Cited 1 timesPublished
  • Meschino v. Lowery

    66 Misc. 2d 390 · New York Supreme Court · Apr 15, 1971

    (See Matter of City of New York v. Schoeck, 294 N. Y. 559 .) … (Matter of Meschino v. Lowery, 34 A D 2d 255, 258.) It was the conclusion of the court (p. 259) that the “ record lacks proper bases for the failure of the Board of Trustees to grant the petitioners’ applications”.

    Cited 1 timesPublished
  • Lorenzen v. McAfee

    76 Misc. 2d 776 · New York Supreme Court · Dec 28, 1973

    (See Matter of Russo v. Cohen, 260 App. Div. 390 ; People ex rel. Colne v. Smith, 188 App. Div. 834 ; *778 Matter of Madigan v. Haley, 7 Misc 2d 1000 ; Matter of Bengert v. … Nichols v. Board of County Canvassers of Onondaga County, 129 N. Y. 395 ; also People ex rel. Colne v. Smith, 188 App. Div. 834 , supra.)

    Cited 1 timesPublished
  • Courtney v. New York City Insurance

    28 Barb. 116 · New York Supreme Court · Sep 14, 1858

    By the Court, Brown, J. The contract of insurance was between the Eew York City Insurance Company and Michael McEamara. … Bradley v. Peixoto, 3 Ves. 324.) The effect of such a condition is quite obvious, whatever may have been the motive which made it a part of the policy.

    Cited 11 timesPublished

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