Case law

Bowen v. City of Schenectady

136 Misc. 307 · New York Supreme Court · Mar 27, 1930

(People v. Gillson, 109 N. Y. 389 .) The Legislature is invested with a wide discretion in determining whether a business or occupation should be barred to the dishonest or incompetent. (Roman v. Lobe, 243 N. Y. 51 .) … (Miller v. Warner, 42 App. Div. 208 ; Redican v. Interchangeable Magnetic Sign Co., Inc., 162 id. 803.) This pleading does not state a cause of action cognizable in a court of equity.

Hasenbein v. Siebert

106 Misc. 2d 94 · New York Supreme Court · Jul 31, 1980

(Rothschild v Manufacturers Trust Co., 279 NY 355 ; Shepherd v Mount Vernon Trust Co., 269 NY 234 .) … The Appellate Division, Second Department, in People v Dobbs Ferry Med.

Caso v. Gotbaum

67 Misc. 2d 205 · New York Supreme Court · Aug 5, 1971

(Flamm v. Van Nierop, 56 Misc 2d 1059 .) … (Marcus v. Village of Mamaroneck, 283 N. Y. 325 ; Buckley v. Baldwin, 230 App. Div. 245 ; Wollitzer v. Title Guar. Trust Co., 148 Misc. 529 , affd. 241 App. *212 Div. 757 .)

Smith v. City of Rochester

29 N.Y.S. 539 · New York Supreme Court · Jun 20, 1894

The members of the board are the commissioners of the highways of the city. … McNally v. City of Cohoes, 127 N. Y. 353 , 27 N. E. 1043 .

Carter v. New York City Employees' Retirement System

31 Misc. 3d 430 · New York Supreme Court · Dec 15, 2010

(Matter of Lubin v Board of Educ. of City of N.Y., 60 NY2d 974, 976 [1983]; see Matter of Edwards v New York City Employees’ Retirement Sys., 190 AD2d 545 , 545 [1st Dept 1993], citing Matter of Cauldwest Realty Corp. v City … (Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760 [1996]; Matter of Pell v Board of Educ. of Union Free School Dist.

Streeter v. Cowle

10 Misc. 2d 183 · New York Supreme Court · Oct 23, 1957

It would appear *185 from the minutes of the board’s meeting of April 16, 1957, that there was ‘' an informal referral by the Building Inspector ’ ’ to the board. … educational purposes conducted for gain, it would have to be limited to the building and the premises could only be used for those accessory uses customarily incident to the expressly permitted use (Matter of Schroeder v.

Kelley v. 74 & 76 West Tremont Avenue Corp.

24 Misc. 2d 370 · New York Supreme Court · Mar 8, 1960

The boards of directors are *374 empowered to hire counsel and pay a fee irrespective of the form of the action or the fact that no fund was brought into . court (Sprague v. Ticonic Bank, 307 U. … S. 161 ; Matter of Allen v. Chase Nat. Bank, 180 Misc. 259 ).

National Biochemical Corp. v. Hudson-Michael Realty, Inc.

74 Misc. 2d 628 · New York Supreme Court · Jun 11, 1973

Act, § 9 ; Psaty v. … Hudson Cement Co., 26 A D 2d 872; Bult v. Kornspan, 37 A D 2d 672; Fishman v. Fishman, 20 A D 2d 941; Noonan v. Luther, 128 App. Div. 673 ).

MacDonald v. Tompkins

67 Misc. 2d 338 · New York Supreme Court · Jul 23, 1971

(Curry v. Board of Educ., 60 Misc 2d 651 ; Matter of George v. Fiore, 62 Misc 2d 429 .) … This is consistent, because section 3214 (subd. 6, par. c) requires such a review by appeal to the Board of Education. (Cu rry v. Board of Educ., 60 Misc 2d 651 , supra; N. Y. Legis.

People v. Anderson

122 Misc. 801 · New York Supreme Court · Mar 15, 1924

Argument for that construction appears to center, or as may be more properly termed, to gravitate upon obiter in People v. Brown, 140 App. Div. 591 , adopted by the Court of Appeals in People ex rel. Isaacson v. … In People v. Brown, supra, the defendants, who had made a false statement of their financial condition to an agency, founded on false entries in their books of account, were copartner owners of the business itself.

Smith v. University of the State

81 Misc. 2d 956 · New York Supreme Court · Mar 5, 1975

(Matter of Larkin Co. v Schwab, 242 NY 330, 335 .) A court may not direct that a license be issued unless it appear, as a matter of law, that no valid ground exists for its denial. … (Matter of Elite Dairy Prods, v Ten Eyck, 271 NY 488, 493 ; Matter of Barton Trucking Corp. v O’Connell, 7 NY2d 299, 308 .)

Pomerantz v. Lehmann

55 Misc. 2d 315 · New York Supreme Court · Nov 3, 1967

Therefore, when the City Council enacted section 24-96 (subd [C] [1]) it had no right to authorize the Board of Appeals to restrict a use on the basis of need alone. As stated in Green Point Sav. Bank v. … (Fischer v. City of St. Louis, 194 U. S. 361 .) ” In Matter of Cunningham v. Planning Board (157 N. Y.

Braun v. McGillian

180 Misc. 711 · New York Supreme Court · Feb 15, 1943

It seems a little late now for the respondent to assert either that a certificate of occupancy was not obtained or that the approval of the Board of Appeals was not sought. (Matter of Boardwalk & Seashore Corp. v. … (Landay v. MacWilliams, 173 Md. 460 ; see, also, Darien v. Webb. 115 Conn. 581 ; 1 C. J. S., Abandonment, §§ 3, 7; Campbell v. Board of Adjustment, 118 N. J. L. 116.)

Cordaro v. Lawley

30 Misc. 2d 130 · New York Supreme Court · Oct 3, 1961

Beach v. Mayor of New York

10 N.Y.S. 793 · New York Supreme Court · Jun 26, 1890

The plaintiff relies upon the case of Gregory v. Mayor, 113 N. Y. 416 , 21 N. E. … Rep. 119, and claims his salary upon the ground that the dock board bad no power to suspend the plaintiff, although they had a power of removal. The court said, in Gregory v.

Sarber Realty Corp. v. Silver

25 Misc. 2d 261 · New York Supreme Court · Jul 7, 1960

Board of Zoning of North Hempstead, 8 Misc 2d 403 ) it now seems to have been settled by the Court of Appeals in Matter of Taub v. … The distinction between' these two types of variances is elaborated upon in Reed v. Board of Stds. of Appeals ( 255 N.

Rosett v. Heffernan

187 Misc. 598 · New York Supreme Court · Oct 8, 1946

A year later the question arose and was answered in Matter of Peel v. Cohen (265 N. Y, 312, supra). … (Matter of Trosk v. Cohen, 262 N. Y. 430 ; Matter of Straus, 265 N.

Simon v. Kennedy

5 Misc. 2d 17 · New York Supreme Court · Feb 26, 1957

Since the joint medical board of the civil service commission is charged with the duty of passing or rejecting eligibles, there is grave question whether the board is not obliged to make its own independent examination before … The rulings are to the contrary (Matter of Devaney v. Adams, N. Y. L. J., Feb. 17, 1956, p. 7, col. 4; Matter of Shapiro v. Adams, N. Y. L. J., June 2, 1955, p. 7, col. 4; see, also, Matter of Cash v. Bates, 301 N.

Block v. Tead

179 Misc. 554 · New York Supreme Court · Feb 1, 1943

(Matter of O’Connor v. Emerson, 196 App. Div. 807, 813 .) … (Matter of Voll v. Helbing, 236 App. Div. 44, 47 ; Matter of Bomar v. Cole, 177 Misc. 740, 742 ; Matter of Schloderer v.

Vanderveer v. Vanrouwendaal

89 Misc. 2d 604 · New York Supreme Court · Feb 24, 1977

(Matter of Bizarre, Inc. v State Liq. … Auth., 29 AD2d 500 ; Weinberg v Town of Clarkstown, 78 Misc 2d 464).