Case law

Horn v. McEntee

33 Misc. 2d 1 · New York Supreme Court · Mar 8, 1962

The respondents, Board of Water Commissioners and Charles S. … The respondent Board of Supervisors appeared specially, objects to and attacks the jurisdiction of this court on the same grounds.

Rochester & Genesee Valley Railroad v. Clarke National Bank

60 Barb. 234 · New York Supreme Court · Sep 4, 1871

(Wilcox v. Smith, 5 Wend. 231 . People v. White, 24 id. 520. People v. Peabody, 6 Abb. 228 .) … (The Town of Plymouth v. Plymouth, 17 Conn. 585 . The King v. The Corporation of Redford Level, 6 East, 356.)

Trim v. Milham

42 Misc. 2d 348 · New York Supreme Court · Mar 4, 1964

(Matter of Schilt v. Murphy, N. Y. L. J., Aug. 18, 1961, p. 3, col. 7; Matter of Del Gaudio v. Zurmuhlen, 29 Misc 2d 84 .) … (Matter of Van Allen v. McCleary, 27 Misc 2d 81 ; Matter of Leonard v. Horton, 278 App. Div. 62 ; Matter of Buffalo Audio Center Arrolite Co. v. Union Free School Dist., 29 Misc 2d 871 , affd. 15 AD 2d 991 .)

In re South Market Street

27 N.Y.S. 843 · New York Supreme Court · Feb 13, 1894

Dakin v. Hudson, 6 Cow. 221 ; Cornell v. Barnes, 7 Hill, 35 ; People v. Koeber, Id. 40 ; Corwin v. Merritt, 3 Barb. 343 . … In Sharp v.

Sweet v. City of Syracuse

20 N.Y.S. 924 · New York Supreme Court · Nov 15, 1892

Van Gelder v. Van Gelder, 84 N. Y. 658 ; In re New York, W. S. & B. Ry. Co., 28 Hun, 505 ; Fischer v. Langbein, 31 Hun, 272 ; Everson v. Gehrman, 2 Abb. Pr. 413 . … Murray v. Jones, (Sup.) 2 N Y. Supp. 486; Newton v. Harris, 8 Barb. 306 . That it worked a temporary suspension of all proceedings under that judgment may be.

M'Claughry v. Wetmore

6 Johns. 82 · New York Supreme Court · May 15, 1810

In the case of Michell v. Browne, cited in 1 Roll. … In Stafford v. Green, (1 Johns.

In re Harris

58 Misc. 297 · New York Supreme Court · Mar 15, 1908

Walrath v. O’Brien, 112 App. … Walrath v. O’Brien, hereinbefore referred to.

Watson v. Delafield

1 Johns. 150 · New York Supreme Court · Feb 15, 1806

Finkin was on board of the vessel on her voyage, and, at the time she foundered, went on board the brig Lucy, bound to Boston, and continued until the 29th September, when he was put on board of the brig Friends, of Neto- … Judgment for the defendant, Grieve v. Young, Millar 65. Fitzkertert v. Mather, 1 D. & E. 12. See also Guidon 4. Marine Ord. of France. Art. 38. 39—-2 L'merigon, 187. Puller d'assu. Art. 1. § 243.

Hilbert v. Haas

54 Misc. 2d 777 · New York Supreme Court · Oct 9, 1967

What was then appealed to the respondent board was not nor could it have been a decision involving the interpretation of the ordinance (see Foss v. Town of Oyster Bay, 146 N. Y. S. 2d 582). … Beneke v. Board of Appeals of Town of Manlius, 51 Misc 2d 20 ).

Bowman v. Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United States of America

42 Misc. 574 · New York Supreme Court · Feb 15, 1904

In the case of Gilmer v. Stone, 120 U. … In the case of Board of Missions v.

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.

Gilgar v. Low

38 Misc. 292 · New York Supreme Court · Jun 15, 1902

that the board of estimate and apportionment cannot re-open and change it. … The object of the taxpayers’ act was to enable taxpayers to bring suits which the city could and should bring, hut failed to bring (Rogers v. O’Brien, 153 N. Y. 357 ).

Hagan v. Moses

173 Misc. 327 · New York Supreme Court · Dec 12, 1939

More, that section required the concurrence of the board of aldermen and the board of estimate and apportionment as to the fixation of salaries. … The board of aldermen alone had no power to make the grant, nor did the head of the park department. (Thoma v. City of New York, 263 N. Y., 402, 405 .)

Newton v. Lewis

118 Misc. 382 · New York Supreme Court · Apr 15, 1922

Philips v. Bury, 1 Ld. Raym. 5; Green v. Rutherforth, 1 Ves. Sr. 462. In the case of Murdock v. Visitors of Philips Academy, 24 Mass. 303, 322 , Chief Judge Parker referring to the case of Philips v. … (Chitty) 230; Eden v. Foster, 2 P. Wms. 325, 326; 3 Black. Comm. 48; Philips v. Bury, 2 T. R. 346, 352.

Di Paola v. Reilly

35 Misc. 2d 269 · New York Supreme Court · Jun 6, 1962

officer making the appointment is still in office when the vacancy occurs. ’ (People v. … by such General City Law. “ Such Board shall consist of five members appointed by the Mayor, one of whom shall be a member of the Planning Board.

In re Hamilton

30 N.Y.S. 499 · New York Supreme Court · Sep 27, 1894

law (People v. … In People v.

Century Circuit, Inc. v. Ott

65 Misc. 2d 250 · New York Supreme Court · Dec 7, 1970

(Church v. Town of Islip, 8 N Y 2d 254; Rodgers v. Village of Tarrytown, 302 N. Y. 115 .) … In order to sustain the claim of zoning by contract there must be clear cut evidence of an agreement binding upon the parties and the bargaining away of the legislative power of the board. (Church v.

Pike v. New York State Division of Parole

148 Misc. 2d 331 · New York Supreme Court · Sep 10, 1990

The Appellate Board of the Division of Parole subsequently affirmed the decision. … (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69 ; Matter of Harris v New York State Bd. of Parole, 114 AD2d 897 ; People ex rel. Yates v Walters, 111 AD2d 839 ; see, Correction Law § 805.)

West Bronx Auto Paint Shop, Inc. v. City of New York

33 Misc. 2d 29 · New York Supreme Court · Dec 13, 1961

Doscher v. Sisson ( 222 N. … (Bowles v. Willingham, 321 U. S. 502 , 515.)

Jackson ex dem. Hudson v. Alexander

3 Johns. 484 · New York Supreme Court · Nov 15, 1808

In Fisher v. … In Lansing v.