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,]

Nevins, Inc. v. Boland

167 Misc. 428 · New York Supreme Court · Feb 3, 1938

The question proposed by this motion is analogous to that raised in several matters recently decided by the Supreme Court of the United States (Myers v. Bethelem Shipbuilding Corporation, Myers v. MacKenzie, 303 U. … Support is found for this contention especially in Newport News Shipbuilding & Dry Dock Company v. Schauffler and United States v. Illinois Central R. Co. ( 291 U. S. 457, 463 ).

In re the Arbitration between Pasch & Chemoleum Corp.

26 Misc. 2d 918 · New York Supreme Court · Oct 11, 1960

(Maritime Bd. v. Isbrandtsen Co., 356 U. S. 481, 503 .) By the Shipping Act of 1960 Congress excepted such arrangements approved by the Federal Maritime Board from the prohibition of the antitrust laws. … United States, 239 F. 2d 933 ), determined that such contract was unlawful per se and could not be approved by the Federal Maritime Board. Upon appeal to the Supreme Court of the United States (Federal Maritime Bd. v.

Carlson v. Podeyn

24 Misc. 2d 317 · New York Supreme Court · Mar 3, 1960

As was said by the Supreme Court of Arizona in Oglesby v. … Garbutt v. Rochester & State Line R. R. Co., 76 N. Y. 294 ; People ex rel. Pierce v. Guggenheim, 44 App. Div. 399 .)

Koffler v. Weiss

48 Misc. 2d 1 · New York Supreme Court · Oct 22, 1965

Two separate Liberal party certificates of nomination were filed with the board. They are essentially identical as to nominees except that one contains four more than the other. … This calls for an exercise of judgment and discretion, making the act to be performed by respondents a judicial one (Matter of Wicksel v. Cohen, 262 N. Y. 446 ).

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.

Cody v. Kelley

184 Misc. 150 · New York Supreme Court · Jan 25, 1945

On May 6,1944, the Board received a letter from plaintiff, dated May 4, 1944, advising the Board that plaintiff did not desire to intervene in the proceeding. … (Matter *154 of Wallach’s, Inc., v. Boland, 277 N. Y. 345 , affg. 253 App. Div. 371 ; Great Atlantic & Pacific Tea Co. v. Boland, 176 Misc. 258 , affd. 261 App. Div. 900 ; see, also, A. F. of L. v. Labor Board, 308 U.

James Knitting Mills, Inc. v. Sinensky

8 Misc. 2d 603 · New York Supreme Court · May 15, 1957

Douds v. … Board, 315 U. S. 740 ) and unannounced and malicious work stoppages (Auto, Workers v. Wisconsin Bd., 336 U.

Council of Municipal Hospital Community Boards v. New York City Health & Hospitals Corp.

101 Misc. 2d 200 · New York Supreme Court · Oct 11, 1979

Respondent relies on Matter of Bolar v New York City Health & Hosps. Corp. (NYLJ, Nov. 28, 1975, p 8, col 1, affd 52 AD2d 778 ) to buttress its position. … In response, petitioners bring to the court’s attention Friedman v New York City Health & Hosps. Corp.

Bogart v. M'Donald

2 Johns. Cas. 219 · New York Supreme Court · Jan 15, 1801

(Brown v. Beauchamp, 5 Monr. 417.) … (Brown v. Knill, 5 Moore, 164 ; 2 B. & B. 395.)

Smith v. Ellerbe

141 Misc. 2d 699 · New York Supreme Court · Nov 4, 1988

(Montant v Moore, supra; Small v De Bruyn, 187 Misc 1045 ; Paul Pleating & Stitching Co. v Levine, supra; McCutcheon Realty Corp. v Kilb, supra.) … (Halpin v Mutual Brewing Co., 20 App Div 583 ; Christ v Lake Erie Distribs., supra; United Growers Co. v Eisner, 22 App Div 1 .)

Wadsworth v. Erwin

124 Misc. 893 · New York Supreme Court · Mar 25, 1925

(Stetler v. McFarlane, 230 N. Y. 400 .) Good faith is a defense in one case but not in the other. … (Wallace v. Jones, 195 N. Y. 511 ; Daly v. Haight, 224 id. 726.)

People v. Alvarez

88 Misc. 2d 709 · New York Supreme Court · Nov 19, 1976

(People v Brown, supra, pp 386-394 .) … As concluded by Justice Quinn (People v Cuvilje, 85 Misc 2d 628, 632 ) after reviewing the Appellate Division, First Department decision in People v Brown ( 48 AD2d 95 ): "If, as Brown teaches, that order of dismissal is

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.

Smith v. City of Buffalo

51 Misc. 216 · New York Supreme Court · Jun 15, 1906

Dailey v. City of New Haven, 60 Conn. 314 ; New Orleans R. Co. v. Mayor, 39 La. Ann. 127 . … of the park board is final, without approval by the mayor or any other executive officer. *219 The principal point of alleged illegality, as against the park board, lies in the fact that that board failed to give public

Cohen v. Incorporated Village of Valley Stream

23 Misc. 2d 1017 · New York Supreme Court · Jun 3, 1959

Bank v. Board of Zoning Appeals, 281 N. Y. 534, 538 .) … In enacting the ordinance the Town Board might have prohibited altogether a gasoline service station in a business district.” (Emphasis supplied.) (Matter of Green Point Sav. Bank v. Board of Zoning Appeals, 281 N.

De Matteis v. Town of Hempstead

207 Misc. 1026 · New York Supreme Court · May 18, 1955

Herrick v. Smith, 21 N. Y. 595 ; Matter of Mayor of City of N. Y., 99 N. Y. 569 ). … Co. v. Shanahan, 128 N. Y. 345 ; Matter of Public Service Comm., 217 N. Y. 61, 69.)”

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.

Bismarck v. Inc. Village of Bayville

40 Misc. 2d 1082 · New York Supreme Court · Nov 14, 1963

Corp. v. Murdock, 285 N. Y. 298 ; Kurlander v. Incorporated Vil. of Hempstead, 31 Misc 2d 121 ; 1 Rathkopf, Law of Zoning and Planning [3d ed.], ch. 8.) … Also, in Rabasco v. Town of Greenburgh ( 285 App. Div. 895 , affd. 309 N.

Cavanaugh v. Valentine

181 Misc. 48 · New York Supreme Court · Mar 25, 1943

The defendants are the persons who compose the Board of Trustees of the Police Pension Fund of the City of New York. … (Butler v. Mutual Life Ins. Co., 225 N. Y. 197, 203 ; see, also, Dunn v. Travis, 56 App. Div. 317, 320 .)