Case law

People v. Albany & Susquehanna Railroad

5 Lans. 25 · New York Supreme Court · May 15, 1871

The issues as to the right of the two boards of directors to their offices being triable by jury, the issues in the equitable cause of action must also be thus tried unless referred, or a jury trial waived. (Davis v. … (Lawrence v. Farmers’ L. and T. Co., 15 How., 57 ; The People v. Haws, 39 Barb., 69 .)

Moriarity v. Kennedy

20 Misc. 2d 593 · New York Supreme Court · Sep 21, 1959

Since the Board of Estimate exercises the powers vested in the City of Now York (Nappi v. La Guardia, 295 N. Y. 652 ; Matter of McCarthy v. La Guardia, 283 N. Y. 701 ; Matter of Lewin v. La Guardia, 287 N. … The case of Matter of Luboil Heat & Power Corp. v.

Lehrer v. Michaelis

11 Misc. 2d 544 · New York Supreme Court · Jan 30, 1958

Board of Stds. & Appeals, 263 App. Div. 352, 355 , revd. on other grounds 290 N. Y. 109, 115, 116 ). Except for area restrictions, self-inflicted hardships prevent the grant of a variance (Matter of Clark v. … Board of Zoning Appeals, 301 N. Y. 86 ).

Halberstadt v. Kissane

51 Misc. 2d 634 · New York Supreme Court · Oct 5, 1966

The operation and control of the Alice Hyde Memorial Hospital is vested in its board of directors. See Leider v. Beth Israel Hosp. Assn. ( 33 Misc 2d 3 ). … (Manczur v. Southside Hosp., 16 Misc 2d 989 ; Van Campen v. Olean Gen- *638 Hosp., 210 App. Div. 204 , affd. 239 N. Y. 615 ; Loewinthan v. Beth David Hosp. 9 N. Y. S. 2d 367; People ex rel. Cline v. Robb, 126 N.

Franmor Realty Corp. v. Le Boeuf

201 Misc. 220 · New York Supreme Court · Apr 18, 1951

In Wilson v. Edgar ( 64 Cal. … In Beszedes v.

Fiore v. Hecht

67 Misc. 2d 343 · New York Supreme Court · Aug 27, 1971

The challenge to the party enrollment of respondent is concededly based on a registration and enrollment on March 16, 1971 at one address in the City of Poughkeepsie, and a subsequent finding by the Board of Elections that … Subsequently, acting on advice received from the Board of Elections, the respondent registered once again at the same address, and enrolled at the *345 same time in the Democratic Party on July 13,1971.

Zucker v. Monserrat

62 Misc. 2d 560 · New York Supreme Court · Mar 16, 1970

Petitioner, it appears, has filed a nominating petition for election to Community School Board No. 3. The gravamen of the petition is that by virtue of the New York Court of Appeals decision in the Matter of Tinsley v. … [d]) (L. 1970, ch. 3) of the Education Law requires that “ The first election of the members of such community boards shall be held on the third Thursday in March, nineteen hundred seventy ”. In Matter of Tinsley v.

Caputo v. Lacy

52 Misc. 2d 262 · New York Supreme Court · Nov 30, 1966

This article 78 CPLR proceeding seeks to annul a decision of respondent Board of Zoning Appeals which denied petitioners a permit to replace the walls and roof of an existing porch which had suffered some rot and decay. … The determination of the Zoning Board is annulled and the Building Inspector is directed to issue the permit.

Marburg v. Cole

175 Misc. 308 · New York Supreme Court · Nov 18, 1940

In Matter of Levi v. … Rota v.

Town of Montgomery v. Olley

42 Misc. 2d 906 · New York Supreme Court · Apr 30, 1964

(Matter of Penn-Yorh Lanes v. Village of Waverly, 26 Misc 2d 150, 151 .) Petitioner confuses the power of the village to furnish water to nonresidents and its duty to do so. … This proceeding does not affect all of the inhabitants of the town in common (Town of Guilford v. Cornell, 18 Barb. 615, 635 ).

Fucigna v. O'Connor

14 Misc. 2d 698 · New York Supreme Court · Jan 10, 1958

(Matter of Diocese of Rochester v. Planning Bd. of Town of Brighton, 1 N Y 2d 508, 521.) … (Evanns v. Gunn, 177 Misc. 85, 87 , affd. 262 App. Div. 865 .)

Gruberg v. Henry

5 Misc. 2d 223 · New York Supreme Court · Dec 28, 1956

Upon the board’s denial of the relief sought in the application, this proceeding was instituted. … He is not authorized to issue a permit in violation of the ordinance (Matter of Gordon v. Board of Appeals of the City of Schenectady, 131 Misc. 346 ).

Woodhouse, Drake & Carey, Ltd. v. Anderson

61 Misc. 2d 951 · New York Supreme Court · Jan 14, 1970

Malba Props., 4 A D 2d 688; Vatis v. … (Callery v. Lyons, 265 App. Div. 604 .)

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).

Boom v. City of Utica

2 Barb. 104 · New York Supreme Court · Jan 3, 1848

The board never intended that the committee should commit a trespass, in procuring a place for this unfortunate family. It is insisted, however, that upon the authority of what is said in Thayer v. … We would say as the court said in reply to a similar argument in Hodges v.

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 .)

Kardwheel Corp. v. Karper

1 Misc. 2d 707 · New York Supreme Court · Jan 4, 1956

Sterling Industries v. Ball Bearing Pen Corp., 298 N. … And it is conceded by the plaintiff that the board of directors did not and would not authorize or ratify the action of the vice-president and the treasurer.

Mars Realty Corp. v. Sexton

141 Misc. 622 · New York Supreme Court · Oct 21, 1931

In Hobart v. … As was said in Green v. Frazier ( 253 U.

Willits v. Schoepflin

46 Misc. 2d 292 · New York Supreme Court · Jul 9, 1964

Young (7 N Y 2d 845); Matter of Chasanoff v. Silberstein (6 N Y 2d 807) and Matter of Ferryman v. … While in Matter of Zeller v.

Bennett v. Regan

78 Misc. 2d 1079 · New York Supreme Court · Aug 12, 1974

More recently, in Matter of Hamm v. … Johnson v. Chairman, N. Y. State Bd. of Parole, 363 F. Supp. 416 .) Matter of Cummings v. Regan ( 76 Misc 2d 137 ) and Matter of Cummings v.