Case law

People ex rel. Sodus Bay v. Cheetham

20 Abb. N. Cas. 44 · New York Supreme Court · Jun 15, 1887

it was directed to the board of supervisors as well. … Co. v.

In re Keymer

35 N.Y.S. 161 · New York Supreme Court · Sep 11, 1895

In People v. Roberts (Sup.) 34 N. Y. … Y. 98 ; People v. Marx, 99 N. Y. 377 , 2 N. E. 29 .

Young Men's Christian Ass'n v. Burns

25 Misc. 2d 580 · New York Supreme Court · Oct 20, 1960

(Matter of Lemir Realty Corp. v. Larkin, 8 A D 2d 970; Matter of Lemir Realty Corp. v. Larkin, 10 A D 2d 1005.) … Center v.

Cox v. Town Council of Haverstraw

40 Misc. 2d 531 · New York Supreme Court · Oct 21, 1963

Consequently, once the petition was filed and no written objections thereto being filed by anyone (including the Town Board) within five days thereafter, it was not only the function but the duty of the Town Board to determine … filing, transmit to the local legislative body of the city a certificate that he has examined it and has found that it complies or does not comply, as the case may be, with all the requirements of law” (see Matter of Potash v.

Gray v. Oxnard Bros.

13 N.Y.S. 86 · New York Supreme Court · Jan 13, 1891

The deed itself will be found in the report of the case of People v. Sugar Refining Co., in the court of appeals, supra. … Keene v. Kent, 4 N. Y. St. Rep. 431; Woodworth v. Bennett, 43 N. Y. 273 .

Howard v. Clark

59 Misc. 2d 327 · New York Supreme Court · Mar 25, 1969

(Matter of Crispell v. Rust, 149 Misc. 464 .) *329 The cases cited by respondents are not applicable to the facts in the case before the court since those cases did not involve the interpretation of a statute. … of Schools and the Board of Education under section 3214 (subd. 6, par. a) of the Education Law.

Jetter v. Hofheins

190 Misc. 99 · New York Supreme Court · May 26, 1947

Hudson-Harlem Co. v. Walker, 282 N. Y. 400, 406 .) … Church v. Walsh ( 244 N.

Samuelsen v. Walder

29 Misc. 3d 225 · New York Supreme Court · Jun 4, 2010

Board rescinded that AABB. … Matter of Edmead v McGuire, 67 NY2d 714, 716 [1986]; see also Blackman v New York City Hous.

People v. Rohrlich

37 Misc. 2d 237 · New York Supreme Court · Nov 20, 1962

Tomaselli, 7 N Y 2d 350; People v. Brown, 7 N Y 2d 359). Dissatisfaction with the representation of retained counsel may not be availed of as a basis for relief (People v. Hernandez, 8 N Y 2d 345). … Where the defendant would not be entitled to relief even if the allegations of his petition were to be established, the granting of a hearing would be pointless (People v. Brown, 7 N Y 2d 359, 361).

Consolidated Edison Co. v. Murtagh

201 Misc. 244 · New York Supreme Court · Nov 29, 1951

Gross v. Adams, 270 App. Div. 607 , affd. 296 N. Y. 604 .) … Livingston v. Wyatt, 186 N. Y. 383, 393-394 ; see, also, Matter of Mosner v. Haddock, 268 App. Div. 752 ; People ex rel. New York Disposal Corp. v. Freschi, 173 App.

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.

Staten Island Edison Corp. v. Moore

6 Misc. 2d 1031 · New York Supreme Court · Dec 19, 1955

Co. v. … Ct., Albany County [1953]), which are also cited by the city and State Board. In People ex rel. Delaware, Lackawanna & Western R. R. Co. v.

Cross v. Cross

177 Misc. 347 · New York Supreme Court · Sep 6, 1941

The doctrine of estoppel on which the plaintiff relies on this motion has been recognized and applied when private rights which are collateral to the marriage are at stake (Starbuck v. Starbuck, 173 N. Y. 503 ; Brown v. … Brown, 242 App. Div. 33 ; affd., 266 N. Y. 532 ), or when one party seeks to contest the validity of a foreign decree of divorce which he secured in order to avoid his obligations under the marriage. (Krause v.

People ex rel. Society for the Relief of Half Orphan & Destitute Children v. McCue

37 Misc. 741 · New York Supreme Court · Apr 15, 1902

Martin v. Myers, 135 N. Y. 465 ), and by analogous reasoning it should be held to prevent the issue of a writ of prohibition. … Adams v. Westbrook, 89 N. Y. 152 . Mor will it be issued where greater injustice will be done in consequence of its issue, than would be prevented "by its operation.

Industrial Export & Import Corp. v. Hongkong & Shanghai Banking Corp.

191 Misc. 493 · New York Supreme Court · Dec 22, 1947

Generally speaking there is some merit in this contention (Crashley v. Press Publishing Co., 179 N. Y. 27 ). … Such an action is governed by the law of the place where the cause of action arose (Balee v. Hidalgo Comity Water Imp. District No. 4, 229 App. Div. 660 ).

Conroy v. Gale

5 Lans. 344 · New York Supreme Court · Jun 15, 1871

(Robinson v. Chamberlain, 34 N. Y., 389 ; Fulton Ins. Co. v. Baldwin, 37 N. Y., 648 .) … (Barton v. City of Syracuse, 37 Barb., 292, 293 ; 36 N. Y., 54, 58 ; Wallace v. The Mayor, 18 How., 169 .)

Joyce v. Dobson

167 Misc. 723 · New York Supreme Court · May 23, 1938

(Matter of Multiplex Garages, Inc., v. Walsh, 213 App. Div. 155,158 .) Petitioner purchased a lot at the northwest corner of Colvin avenue and Highland parkway in the town of Tonawanda. … Minor v. Walsh, 231 App. Div. 860 ; Matter of Leone v. Brewer, 235 id. 684.) In this instance, however, the action of the zoning board was arbitrary, unjust, inequitable, unfair and an abuse of its discretionary power.

Ford v. Crocker

48 Barb. 142 · New York Supreme Court · Nov 5, 1866

(Rocher v. Busher, 1 Stark. 27. Palmer v. Gooch, 2 id. 428.) So it is said by Dr. Lushington, in the case of The Alexander (1 W. Bob. … In Provost v. Patchin, ( 9 N. Y.

People v. Jackson

176 Misc. 2d 476 · New York Supreme Court · Apr 17, 1998

(People v Brasier, 169 Misc 2d, supra, at 340.) … (People v Stevens, 91 NY2d 270 [1998].)

McDuffie v. Clark

46 N.Y. Sup. Ct. 166 · New York Supreme Court · Jan 15, 1886

David Brown would be liable on the bond, although he did not execute the same in his true name. (David v. Williamsburgh City Ins. Co., 83 N. … (Gibney v. Marchay, 34 N. Y., 301 ; Hutchins v. Hutchins, 98 id., 64; Jackson v. Miller, 6 Cow., 753 ; Vrooman v. King, 36 N. Y., 482 .)