Case law

Woodhouse, Drake & Carey, Ltd. v. Anderson

61 Misc. 2d 951 · New York Supreme Court · Jan 14, 1970

Malba Props., 4 A D 2d 688; Vatis v. … (Callery v. Lyons, 265 App. Div. 604 .)

Knauf v. County Legislature

53 Misc. 2d 917 · New York Supreme Court · Jan 24, 1967

Clancy v. Board of Supervisors, 139 N. Y. 524, 527 ; Lane v. Johnson, 283 N. Y. 244, 260 .) … (See Matter of Burns v. Wiltse, 303 N.

Walsh v. Pluess-Staufer

67 Misc. 2d 885 · New York Supreme Court · Oct 1, 1971

In Schwartz v. … Appeal to the Appeal Board pursuant to section 621 of the Labor Law resulted in the board’s adoption of the findings of fact and the opinion of the Referee.

Ford v. O'Shea

136 Misc. 921 · New York Supreme Court · Nov 6, 1929

The board of education is a branch of the State government and an agency thereof, charged by the State with the administration of its educational system. (Ham v. Mayor, etc., of N. Y., 70 N. Y. 459; Gunnison v. … Board of Education, 176 id. 11; Schieffelin v. Komfort, 212 id. 520; Smith v. Board of Education, 208 id. 84; Matter of Hirshfield v. Cook, 227 id. 297.)

Marburg v. Cole

175 Misc. 308 · New York Supreme Court · Nov 18, 1940

In Matter of Levi v. … Rota v.

Diocese of Central New York v. Schwarzer

23 Misc. 2d 515 · New York Supreme Court · Feb 23, 1960

V, § 1): “ The following uses and no other are permitted in A Residential Districts: ‘ ‘ A. Single family dwelling. “ B. … (Matter of Diocese of Rochester v. Planning Bd. Town of Brighton, 1 N Y 2d 508, 522.)

Murchison v. Alleghany Corp.

27 Misc. 2d 290 · New York Supreme Court · Dec 9, 1960

The fact that the existing management may be innocent of charges of mismanagement made by the petitioning stockholder is not a valid reason for denying inspection of the stock list (Durr v. … The case of Matter of Newman v. Smith ( 263 App. Div. 85 ), cited by Alleghany as authority for its contention, is clearly distinguishable.

Metcalf v. Clark

41 Barb. 45 · New York Supreme Court · Jan 5, 1864

(Goupil v. Simonson, 3 Abb. 474 . Stein v. Valkenhuysen, Ellis, Black. & Ellis, 65. Williams v. Bacon, 10 Wend. 636 . Snelling v. Watrous, 2 Paige, 314 .) … It was said in Brown v. Brown, ( 1 Barb. Ch. 189 ,) that the case must be a special one, to be shown by the bill, before the action could be maintained. But this objection to the action is matter of defense.

Patchogue Scrap Iron & Metal Co. v. Ingraham

57 Misc. 2d 290 · New York Supreme Court · Jul 17, 1968

statute, as in the instant matter herein, expressly describes particular parties to which it applies, an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted and excluded (Doyle v. … It is equally clear that a State cannot be substituted for an officer or board whose determination is sought to be reviewed (People ex rel. Vickerman v. Contracting Bd., 46 Barb. 254 ).

AFA Protective Systems, Inc. v. Crouchley

63 Misc. 2d 695 · New York Supreme Court · Jun 10, 1970

Co. v. Lockyer, 267 App. Div. 897 ). … Board of Educ., 18 N Y 2d 129, 133 and 19 N Y 2d 605; Matter of Hooker v. Conte, 208 Misc. 188; see Matter of Fitzgerald v. State Div., Dept. of Public Serv., 262 App.

Wright v. County of Cattaraugus

14 Misc. 3d 907 · New York Supreme Court · Dec 21, 2006

Further, in Town of Carmel v Board of Supervisors of Putnam County ( 27 NY2d 975 [1970]), the Court of Appeals upheld the enactment of an interim weighted voting plan for the Board of Supervisors of Putnam County until a … reapportionment plan could be approved (see also Graham v Board of Supervisors of Erie County, 18 NY2d 672 [1966]; Matter of Angell v Tompkins County Bd. of Representatives, 90 AD2d 896 [3d Dept 1982]).

Spitaleri v. Nyquist

74 Misc. 2d 811 · New York Supreme Court · Jun 15, 1973

and Board of Education if any actionable injury should occur while the boy was playing football. … Y. v. Allen, 6 N Y 2d 127, 136).

People ex rel. Langone v. New York State Department of Correctional Services

35 Misc. 3d 706 · New York Supreme Court · Mar 15, 2012

Howard v Yelich, 87 AD3d 772 [3d Dept 2011]; People ex rel. Catts v Haggett, 67 AD3d 1315, 1316 [3d Dept 2009]; People ex rel. Berman v Artus, 63 AD3d 1436 [3d Dept 2009].) … Corp. v Silva, 91 NY2d 98, 107 [1997].)

Koston v. Town of Newburgh

45 Misc. 2d 382 · New York Supreme Court · Feb 26, 1965

In view of the prohibition in the ordinance, it is doubtful if the Zoning Board of Appeals could have granted the variance had it been so disposed (Matter of Pounds v. Walsh, 129 Misc. 676 , affd. sub nom. … A trailer camp is not a nuisance per se (see, e.g., Kessler v. Smith, 104 Ohio App. 213 [1957]; Richards v. City of Pontiac, 305 Mich. 666 ; Pringle v.

Slevin v. Siegel

65 Misc. 2d 3 · New York Supreme Court · Dec 16, 1970

It is a quasi-judicial board which conducts hearings on matters brought before it. (Lake Mohopac Heights v. Zoning Bd. of Appeals of Town of Carmel, 119 N. Y. … (See Beechwood Gun Club v. City of Beacon, 153 Misc. 358 , affd. 242 App. Div. 761 .) The opinion of the Town Attorney does not bind the Board to take or refrain from taking any action.

Cardinale v. Andersen

75 Misc. 2d 210 · New York Supreme Court · Aug 24, 1973

(Lorenz v. Board of Educ. of Union Free School Dist. No. 9, Town of Greenburgh, 264 N. Y. 591 ; Matter of Garber v. Board of Educ. of City of N. Y., 50 Misc 2d 711 .) … Y. v. Board of Higher Educ. of City of N. Y., 67 Misc 2d 648 , mod. on other grounds, 38 A D 2d 524; Matter of Ewen v. Board of Educ. of Union Free School Dist.

Sheehy v. Clausen

26 Misc. 269 · New York Supreme Court · Feb 15, 1899

Sheehy v. McMillan, 26 App. Div. 140 . Thereafter, the plaintiff obtained an order permitting him to amend his complaint. … The only rights, if any, the gas company acquired or could acquire by reason of the permit, was a mere revocable license to erect poles and string wires along the highway. § 585, new charter; Hart v. Mayor, 16 App.

Van Wagner v. Terrett

27 Barb. 181 · New York Supreme Court · May 11, 1858

By the Court, Brown, J. … (Johnson v. Gilbert, 4 Hill, 178 . Mather v. Perry, 2 Denio, 162 .) The promise of the defendant is an original undertaking, and being executory, a consideration may be proved by extrinsic evidence.

Korman v. Strohm

145 Misc. 2d 34 · New York Supreme Court · Aug 16, 1989

(See, e.g., Matter of Donnelly v McNab, 83 AD2d 896 ; Matter of Liepshutz v Palmateer, 112 AD2d 1101, 1102 , affd on other grounds 65 NY2d 965 .) The court finds the petition valid in that respect. … (Matter of Herzog v Joy, 74 AD2d 372, 375 , affd on opn below 53 NY2d 821 .)

Union Free School District No. 4 v. Grear

57 Misc. 472 · New York Supreme Court · Jan 15, 1908

The case of Lawson v. Lincoln, 86 App. … The claim in that case was that because certain plans of a proposed building were submitted by the board of education to the district meeting, the board, in afterwards constructing the building, were limited to those plans