Case law

La Fayette Insurance of Brooklyn v. Rogers

30 Barb. 491 · New York Supreme Court · Dec 12, 1859

By the Court, Brown, J. … Lott, Emott and Brown, Justices,]

Fuller v. Schechter

22 Misc. 2d 743 · New York Supreme Court · Mar 16, 1960

Prior to 1956, he was a Grade V clerk, salary unlimited, in the Finance Department of the city. … Repeatedly, it has been held that it is not the title but the duties which must be controlling in determining civil service categories (Matter of Rohr v. Kenngott, 288 N. Y. 97, 105 ; Matter of Holt v. Jansen, 127 N. Y.

People ex rel. Dinsmore v. Gilroy

31 N.Y.S. 776 · New York Supreme Court · Dec 14, 1894

But when the rule is invoked in aid of a personal right the right must be an existing legal one, and not one which the board or officer is by the statute authorized to create. Gilmore v. City of Utica, 121 N. … Morris v. People, 3 Denio, 381, 391 ; People v. Supervisors of St. Lawrence, 30 How. Pr. 173 ; People v. Green, 64 Barb. 162 , 5 Daly, 194 ; People v.

City of New York v. Christensen

55 Misc. 2d 905 · New York Supreme Court · Jan 25, 1968

The holding in Matter of Shanty Hollow Corp. v. … Corp. v. Board of Assessors ( 51 Misc 2d 747 ) which was an exactly parallel situation to that in Matter of Shanty Hollow Corp. v. Poladian (supra), is presently inapplicable.

Town of Irondequoit v. County of Monroe

171 Misc. 125 · New York Supreme Court · May 2, 1939

(Western New York Water Co. v. City of Buffalo, 242 N. Y. 202 ; Talcott v. City of Buffalo , 125 id. 280 ; Nathan v. O’Brien, 117 App. Div. 664 ; Govers v. … Board of Supervisors of Westchester County, 55 id. 40; affd., 171 N. Y. 403 ; Connelly v. City of Elmira, 144 Misc. 282, 283 .)

Buhlmann v. Wilson

96 Misc. 2d 616 · New York Supreme Court · Oct 18, 1978

As a matter of fact, more than 10 towns have held local option elections at which less than five local option questions have been presented to the electors (see Matter of Blodgett v Board of Elections, Supreme Ct, Ontario … The unilateral action of one commissioner is not the action of the board of elections (Matter of Conlin v Kisiel, 35 AD2d 423 ; Matter of Starr v Meisser, 67 Misc 2d 297 ; Matter of Cristenfeld v Meisser, 64 Misc 2d 296 )

Lyle v. Avis

1 Misc. 2d 880 · New York Supreme Court · Feb 9, 1956

The board was without power to declare the ordinance unconstitutional or invalid (Matter of Romig v. Weld, 276 App. Div. 514 ; Matter of Smith v. Hartman, 208 Misc. 880 ; Matter of Diocese of Rochester v. … (Matter of New York Water Service Corp. v. Water Power & Control Comm., 283 N. Y. 23 ; Matter of American Seminary of Bible v. Board of Stds. & Appeals of City of N. Y., 280 App. Div. 792 ; Matter of Aisloff v.

Georgia Co. v. Livingston

47 Misc. 2d 705 · New York Supreme Court · May 14, 1965

A State court has no jurisdiction to issue an injunction or to adjudicate a labor controversy which lies within the exclusive powers of the National Labor Relations Board (Construction Laborers v. Curry, 371 U. … the board.

Oak Island Beach Ass'n v. Mascari

47 Misc. 2d 21 · New York Supreme Court · Jul 1, 1965

(Matter of Town of Huntington v. Bradford, 248 App. Div. 730 , affd. 273 N. Y. 603 ; County of Herkimer v. Village of Herkimer, 251 App. Div. 126 , affd. 279 N. Y. 560 .) … Corp. v. Board of Assessors of Town of Riverhead, 2 N Y 2d 500; Matter of Fort Hamilton Manor v. Boyland, 4 N Y 2d 192; Matter of Mitchel Manor v.

Segal v. Powers

180 Misc. 2d 57 · New York Supreme Court · Mar 16, 1999

(Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9 [1975].) … (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 769 [1991].)

Incorporated Village of Muttontown v. Friscia

58 Misc. 2d 912 · New York Supreme Court · Feb 18, 1969

This mandate must be considered jurisdictional and a preliminary requirement to any action or *915 consideration by the Board of Trustees (Matter of Collins v. City of Schenectady, 256 App. Div. 389 ). … (Matter of Monument Garage Corp. v. Levy, 266 N. Y. 339 .) This strict construction by the courts is amply demonstrated by the most recent case in the Appellate Division, Second Department (Northern Operating Corp. v.

In re City of New York

81 Misc. 541 · New York Supreme Court · Jul 15, 1913

Stuart v. Palmer, 74 N. Y. 192 . … People v. Mayor, 4 N. Y. 419 ; McLaughlin v.

Buenzow v. Lewiston-Porter Central School District

117 Misc. 2d 548 · New York Supreme Court · Jan 12, 1983

His view is entitled to substantial weight and, indeed, must be upheld unless irrational (see, e.g., Matter of Howard v Wyman, 28 NY2d 434, 438 ; Lombardi v Nyquist, 63 AD2d 1058, 1059 ).” … (Matter of Acinapuro v Board of Coop. Educational Servs. of Nassau County, 89 AD2d 329, 335 .)

Braman v. Hess

13 Johns. 52 · New York Supreme Court · Jan 15, 1816

The evidence offered on the párt of the defendant ought to have been received, according to the principle which governed the case of Wiffin v. Roberts, (1 Esp. … Cas. 261.,) and. which was adopted and sanctioned by this; court in Brown v. Mott, (7 Johns. Rep. 361.) This suit'is by the endorsee-against his immediate endorser. And in the case of Livingston v.

Bernstein v. Players

120 Misc. 2d 998 · New York Supreme Court · Aug 3, 1983

(Madden v Atkins, 4 NY2d 283, 297 [concurring opn of Judge Desmond]; People ex rel. Johnson v New York Produce Exch., 149 NY 401 ; see, also, Fittipaldi v Legassie, 7 AD2d 521, 525 .) … Thus, the board’s determination to expel petitioners was not “so bare of evidence to sustain the decision that no honest mind *1002 could reach the conclusion” arrived at by the board.

Black River Regulating District v. Adirondack League Club

201 Misc. 808 · New York Supreme Court · Mar 24, 1952

(Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 275 App. Div. 618 .) … (Matter of Adirondack League Club v. Board of Black Riv. Regulating Dist., 301 N. Y. 219, 222, 223 .)

People ex rel. Gross v. Walsh

124 Misc. 889 · New York Supreme Court · Dec 22, 1924

(Matter of Stubbe v. Adamson, 220 N. Y. 459, 465 .) What has been done here is not to “ vary,” but to repeal and nullify express statutory enactment. … Cotton v. Leo ( 110 Misc. 519 ). The determination of the board is nullified, and the writ is sustained, with costs against the board.

Bronk v. Riley

2 N.Y.S. 266 · New York Supreme Court · Sep 25, 1888

Johnson v. Railroad Co., 49 N. Y. 455 ; McCluskey v. Cromwell, 11 N. Y. 601 . … People v. Quigg, 59 N. Y. 88 .

Friedman v. Lefever

132 Misc. 2d 884 · New York Supreme Court · Aug 1, 1986

(See, Matter of Wydler v Christenfeld, 35 NY2d 719, 720 .) Notwithstanding the fact that petitioner lacks standing in this case, an examination of the merits of the petition does not dictate an opposite conclusion. … Christenfeld, supra, p 720; see also, Matter of Harfenist v Salerno, 89 AD2d 1032, 1033 ).

Babbage v. Powers

7 N.Y.S. 306 · New York Supreme Court · Oct 19, 1889

In Clancy v. Byrne, 56 N. … See, also, Swords v. Edgar, 59 N. Y. 28 ; Wolf. v. Kilpatrick, 101 N. Y. 146 , 4 N. E. Rep. 188; Ahern v. Steele, 22 N. E. Rep. 193.