Case law

County of Tompkins v. Powers

43 Misc. 2d 736 · New York Supreme Court · Aug 11, 1964

The scope of the determination here is limited to a review of the determination of the Board of Zoning Appeals construing the ordinance (CPLR 7803), and upon this narrow issue it is determined that the Board of Zoning Appeals … (Oswald v. Westchester County Park Comm., 234 N. Y. S. 2d 465, affd. 18 A D 2d 1139; County of Westchester v. Village of Mamaroneck, 41 Misc 2d 811 ; Lauderdale County Bd. of Educ. v.

In re the Arbitration between Vartanian & Motor Vehicle Accident Indemnification Corp.

54 Misc. 2d 983 · New York Supreme Court · Oct 19, 1967

The award, dated July 3, 1967, directs MVAIC to pay to Brown $9,000 and to Vartanian $6,000. … Fund v. Miller, 4 A D 2d 481.) Accordingly, the lien of Hancock is disallowed.

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.

Sacharoff v. Murphy

182 Misc. 235 · New York Supreme Court · Sep 8, 1943

Y. 283, 292 , and Matter of Bender v. Board of Regents, 262 App. … Co. v. Johnson, 264 U. S. 375, 390 ; Hopkins Savings Assn. v. Cleary, 296 U.

Morgan v. Quackenbush

22 Barb. 72 · New York Supreme Court · Jun 2, 1856

The law on this subject is distinctly declared by the court of appeals in The People v. Cook, (4 Seld. 67.) The title to an elective office is derived from the people through the ballot-box. … Again; the common council having as a board of canvassers, declared Mr.

Lynch v. Lynch

178 Misc. 2d 1066 · New York Supreme Court · Oct 28, 1998

(State of New York v Warren Bros. Co., 190 AD2d 728 ; Baumis v General Motors Corp., 117 AD2d 884 .) … (Cornell v Cornell, 7 NY2d 164 ; Brown v Brown, 208 AD2d 485 .)

Spano v. City of Middletown

169 Misc. 338 · New York Supreme Court · Aug 22, 1938

Y. 67 ; Salducco v. Etkin, 155 Misc. 361 ; People ex rel. Hirsh v. Wood, 148 N. Y. 142 ; Matter of Merow, 112 App. Div. 562, 563 .) … (McCabe v. Gross, 274 N. Y. 39 .) The fact that the Federal grant was made to the board of education does not prevent the city from raising the money necessary to pay its part of the cost of the project.

De Baun v. Mayor

16 Barb. 392 · New York Supreme Court · Oct 3, 1853

In Milhau v. Sharp—the Broadway railroad case—( 15 Barb. 193 ,) and in Stuyvesant v. … And what, in this respect, is the difference between a board of aldermen and a board of any other directors ?

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.

Berkey v. Berkey

24 Misc. 2d 711 · New York Supreme Court · May 12, 1960

This case was followed by Brown v. Brown ( 209 App. … This case likewise went to the Court of Appeals in Brown v. Brown ( 239 N. Y. 518 ) in which the following headnote and decision disclose that the court reaffirmed its position in Harding v.

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 .)

O'Donnell v. Morrissey

151 Misc. 315 · New York Supreme Court · May 1, 1934

Lawrence v. Supervisors, 73 N. Y. 173 ; City of Buffalo v. Lewis, 192 id. 193 ; Pratt Institute v. City of New York, 183 id. 151,; Matter of New York Institution, 121 id. 234.) … Evarts v. Municipal Court, 162 App. Div. 477 ; Thomson v. Tracy, 60 N. Y. 31 .) The alternative prohibition order prayed for in each application herein will be granted and order may be entered accordingly. No costs.

Murphy v. Maxwell

39 Misc. 166 · New York Supreme Court · Nov 15, 1902

The statute casts the burden of affirmative action on the board of education. … Fahy v. York, 49 App. Div. 173 , cited in opposition to this application, is not in point.

Meurer v. Brinkman

25 Misc. 12 · New York Supreme Court · Oct 15, 1898

Only “ defences ” may be struck out as sham (Wayland v. Tysen, 45 N. Y. 281 ). Ho issue raised by a denial is a “ defence ”. … Pro. secs. 500, 507; Flack v. O’Brien, 19 Misc. Rep. 399 ; Green v. Brown, 22 Misc. Rep. 279 ; von Hagen v. Waterbury Mfg. Co. 22 Misc. Rep. 580 ).

Dean v. Benn

76 N.Y. Sup. Ct. 519 · New York Supreme Court · May 15, 1893

(Wendell v. Van Rensselaer, 1 Johns. Ch. 354 ; Town v. Needham, 3 Paige, 545 ; Storrs v. Barker, 6 Johns. Ch. 166 ; Brown v. Bowen, 30 N. Y. 519, 541 .) … A dispute as to the boundary line west ■ of the creek had come down from the time of Maxwell and Brown.

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.

Employers Mutual Liability Insurance of Wisconsin v. Bromley

4 Misc. 2d 702 · New York Supreme Court · Jan 23, 1957

Fund v. Mascali-Robke Co., 208 Misc. 316 .) … (Daly v. Blount Lumber Co., 213 App. Div. 486 .)

People v. Dobbs Ferry Medical Pavillion Inc.

69 Misc. 2d 886 · New York Supreme Court · Apr 17, 1972

S. 356 [1886]), relied on by defendants, reaches only intentional or purposeful discrimination, and this is the test applied in New York (Matter of Di Maggio v. Brown, 19 N Y 2d 283 [1967]). … Board of Supervisors of Erie County, 49 Misc 2d 459 , mod. 25 A D 2d 250, appeal dsmd. 17 N Y 2d 866; Allied-Crossroads Nuclear Corp. v. Atcor, Inc., 25 A D 2d 643; Way v. Hayes, 124 N. Y. S. 648 [Sup.

State v. Harris

48 Misc. 3d 950 · New York Supreme Court · Apr 27, 2015

Allen Frances, a retired psychiatrist, board certified in psychology and neurology, testified as an expert in the field of psychiatry on behalf of respondent. Dr. … Furthermore, there are both federal and non-New York State cases which have held that unspecified paraphilic disorder or paraphilia NOS is generally accepted as a reliable diagnosis under the Frye test (see Brown v Watters

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.