Case law

Sybron Can. Holdings, Inc. v. Niznick

New York Supreme Court · Mar 3, 2017

Lupak v Simons , 1995 WL 5633 at 13 (Sup. … Ct. 1995), citing Dice v Akron C & YR Co. , 342 US 359, 362 (1952); see also, Powell v Adler , 128 AD3d 1039 , 1040 (2d Dept 2015) ("A signed release 'shifts the burden of going forward . . . to the [plaintiff] to show that

Greaney v. Poston

77 Misc. 2d 884 · New York Supreme Court · Mar 1, 1974

upon a member of the board or the clerk of the board within four months after the determination to be reviewed became final upon the petitioner OCPLR 304, 403, subd. … [c]; 311, subd. [7] ; 217; Matter of Reid v. Nyquist, 65 Misc 2d 718 ).” (And, see, Matter of Pasternack v. Nyquist , Albany Spec. Term, Feb. 22, 1974.)

People ex rel. Pierce v. Parkhurst

24 Misc. 442 · New York Supreme Court · Aug 15, 1898

Feeny v. Board of Canvassers, 156 N. Y. 36 ; 50 N. E. Repr. 425. Judge O’Brien said in that case (p. 51): “ These marks were apparently made by the voter in attempting to correct his own errors. … This line and its erasure render the ballot void under the Eeeny case, and the board, therefore, counted it improperly. It must be rejected. ' . *451 Ballot “ V.”

People v. Harris

187 Misc. 2d 591 · New York Supreme Court · Mar 12, 2001

the Parole Board (CPL 390.50 [3]; People v Wright, 206 AD2d 337, 338 ). … In the present case, defendant merely states that he will be appearing shortly before the Parole Board. He does not state that he has been notified of an upcoming Parole Board hearing.

Stern v. Flynn

154 Misc. 609 · New York Supreme Court · Mar 1, 1935

It cannot pass a State board examination or present a degree earned in a university. In People v. … In Winslow v.

Century Circuit, Inc. v. Chave

50 Misc. 2d 816 · New York Supreme Court · Apr 4, 1966

I cannot say from the record that the respondent board was arbitrary, capricious or unreasonable (Matter of Lemir Realty Corp. v. Larkin, 11 N Y 2d 20). … Village of Elmsford, 20 A D 2d 818; Matter of Lido Beach Civic Assn. v. Board of Zoning Appeals of Town of Hempstead, 13 A D 2d 1030; Ferrante v. Angelone, N. Y. L. J., March 31, 1966, p. 18, col. 6 [Pittoni, J.]).

Wilson-Jacobi, Inc. v. Genuth

35 Misc. 2d 596 · New York Supreme Court · Jul 17, 1962

It is now accepted that a matter “arguably” within the jurisdiction of the National Labor Relations Board should not be entertained by a State court (Incres S. S. Co. v. International Mar. … (Nann v. Raimist, 255 N. Y. 307, 317 ; Wolf v. Gold, 9 A D 2d 257.)

Johnson v. Thompson-Houston Electric Co.

7 N.Y.S. 716 · New York Supreme Court · Nov 15, 1889

See, also, Gas-Light Co. v. Mayor, etc., 33 N. Y. 327 , and other cases cited in opinion in Tuttle Case. In Telegraph Co. v. Lead Co., 50 N. Y. Super. … Mahady v. Rail *717 road Co., 91 N. Y. 148 .

People v. Batchelor

28 Barb. 310 · New York Supreme Court · Oct 4, 1858

It declared that a majority of the board were competent to act. It was held by Eyre, Ch. J., in Grindley v. Barker, (1 Bos. & Pul. 236,) and adopted in our state in Green v. … In the case of The People v. Whiteside, ( 23 Wend. 9 ; S.

Atwater v. Atwater

53 Barb. 621 · New York Supreme Court · Dec 14, 1868

The case of Turrel v. Turrel, (2 John. … I will add in this connection, that the justice making the decision in the case of P. v. P.

Almroth v. Boland

171 Misc. 314 · New York Supreme Court · Jun 2, 1939

The sole remedy is by appeal from the final order of the Board, as provided by section 707 of the Labor Law. (Matter of Wallach's, Inc., v. Boland, 277 N. Y. 345 ; National Labor Relations Board v. … Unger v. Kennedy, 207 N. Y. 533 .) The Legislature may not delegate the fixing of policies or establishment of standards.

Weinstein v. Burns

20 Misc. 2d 362 · New York Supreme Court · Oct 15, 1959

The petitioner requests a review and annulment, pursuant to article 78 of the Civil Practice Act, of the determination of the Town Board on July 7, 1959 wherein the Town Board gave the petitioner permission to use his premises … (Linn v. Town of Hempstead, 10 Misc 2d 774, 775, 782 ; Rodgers v. Village of Tarrytown, 302 N. Y. 115, 121 ; see, also, Wiggins v. Town of Somers, 4 N Y 2d 215, 218, 219.)

Duran v. New York City Health & Hospitals Corp.

182 Misc. 2d 232 · New York Supreme Court · Oct 5, 1999

(Jasopersaud v Tao Gyoun Rho, 169 AD2d 184, 187 , quoting Rubenstein v Columbia Presbyt. Med. Ctr., 139 Misc 2d 349, 352 .) … Next, one would choose the file entitled ABMS Board Certified Physicians. From the ABMS file one would pick instruction <=1> to conduct a full text search.

Riley v. Suydam

4 Barb. 222 · New York Supreme Court · Sep 4, 1848

(See also Curtis v. Ingraham, 2 Verm. Rep. 289 , and Fenner v. Lewis, 10 John. 38 .) In Anderson v. … In Clifford v.

Eisenberg v. Strasser

1 Misc. 3d 299 · New York Supreme Court · Aug 18, 2003

Richman testified that Board of Elections clerks reviewed the Eisenberg petition and referred 10 specifications of objections to the Board for review. … 385 [2001], quoting Matter of Gallagher v Dinkins, 41 AD2d 946, 947 [1973]; Thompson v Karben, 295 AD2d 438, 439 [2002]).

Tiedemann v. Tiedemann

94 Misc. 449 · New York Supreme Court · Mar 15, 1916

The authorities cited are: Tait v. Tait, 3 Misc. Rep. 218 , an action to annul for fraud in procuring the marriage; McCarron v. … Thus in Brown v. Brown, 153 App.

Steinberg v. Donovan

45 Misc. 2d 432 · New York Supreme Court · Feb 15, 1965

Moser, a former member of the local School Board, submitted in reply, does not refute any of respondents’ statements. In Matter of Addabbo v. … Other variations of the pairing plan have been upheld (Matter of Strippoli v. Bickal, 21 A D 2d 365; Morean v. Board of Educ. of Montclair, 42 N. J. 237; Fuller v. Volk, 230 F.

Jackson ex dem. M'Crea v. Dunlap

1 Johns. Cas. 114 · New York Supreme Court · Jul 15, 1799

Wheelright v. Wheelright, 2 Mass. R. 447 . Hatch v. Hatch, 9 id. 307. Ruggles v. Lawson, 13 Johns. R. 285. Hedge v. Drew, 12 Pick. R. 141; and see Barns v. Hatch, 3 N. H. R. 304. Maynard, v. Maynard, 10 Mass. R. 456 . … In Taw v.

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.

Hodges v. Suffelt

2 Johns. Cas. 406 · New York Supreme Court · Oct 15, 1801

If, then, the fact be, in this case, that on the record the damages are stated to be, only for the detention of the debt, there ought to be a venire de novo, as in Drage v. Brand, (2 Wils. 377,) and Hardy v. … See Caverley v. Nichols and Brown, 4 Johns. Rep. 189. Van Benthuysen v. Dewitt and another, 4 Johns. Rep. 213. [Add: see Munro v. Allaire, 2 Caines’ Rep. 320. See Graham’s Prac, 2d ed. 717, 718.