Case law

Dole v. City of New York

182 Misc. 408 · New York Supreme Court · Sep 28, 1943

of estimate by unanimous vote of the entire board.” … Y. 549, 550 ; in accord, Town of Amherst v. County of Erie, 236 App. Div. 58 , affd. 260 N. Y. 361 ; Bullock v. Cooley, 225 N. Y. 566 ; Matter of City of New York, 217 N. Y. 1 ; City of New York v. New York City Ry.

Ireland v. Kip

1 Ant. N.P. Cas. 195 · New York Supreme Court · Jul 1, 1813

Brown, 1 D. & E., 167,) and others, a question of fact, for the jury, under all the circumstances of accident, necessity, and the like. Hoper v. Alden, 6 East. 15 ; 1 Sch. & Lef. 461. … Batemam, v. Joseph, 13 East. 483; Tindall v. Brown, 1 D. & E., 137 ; Bryden v. Bryden, 11 Johns. 188 .

McCarthy v. Lawley

64 Misc. 2d 13 · New York Supreme Court · Sep 22, 1970

Y. 656 ; Matter of Marcantonio v. Heffernan, 192 Misc. 868 , affd. 274 App. Div. 880 , affd. 298 N. Y. 661 ). … Incorporated Vil. of Lindenhurst ( 63 Misc 2d 518 ) decided March 11, 1970, and Matter of Ottinger v. Lomenzo ( 64 Misc 2d 103 ) decided September 16, 1970.

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.)

Humane Society v. City of New York

188 Misc. 2d 735 · New York Supreme Court · Jul 4, 2001

(People v Ohrenstein, 77 NY2d 38, 53 [1990].) … (See, People v Ohrenstein, supra.)

Lowman v. Elmira, C. & N. Railroad

32 N.Y.S. 579 · New York Supreme Court · Feb 15, 1895

Foundry Co. v. Hersee, 103 N. Y. 25 , 9 N. E. 487 . … In that case one Brown was the general guardian of an infant who was a residuary legatee in a will of which Brown was executor.

Warden v. Browning

19 N.Y. Sup. Ct. 497 · New York Supreme Court · Jan 15, 1878

Bank, v. Risley, 19 N. Y., 374 .) They did, as suggested, neither of these things, but rested upon a mere docket of the judgment. … Stat., 367, § 24; Neilson v.

Glass v. Department of Health

64 Misc. 2d 880 · New York Supreme Court · Nov 25, 1970

Board of Educ. of City of Rochester, 302 N. Y. 94 .) In Schnepel (supra, p. 96 ) the court expressly repudiated the contrary dictum expressed in Lewis v. Board of Educ. of City of N. Y. ( 258 N. … Y. 117 ) which was the predicate for the holding in *884 Judd v. Board of Educ. ( 278 N. Y. 200 ). (See, also, Matter of Rumble v. Board of Educ. of City of N. Y., 27 Misc 2d 939 .)

People ex rel. Hoffman v. Rupp

35 N.Y.S. 749 · New York Supreme Court · Oct 16, 1895

The learned judge at special term has favored us with an opinion which indicates that in dismissing the writ he relied upon People v. Goetting, 133 N. Y. 509 , 30 N. … The legislature undoubtedly had in view People v.

8200 Realty Corp. v. Lindsay

60 Misc. 2d 248 · New York Supreme Court · Aug 27, 1969

The rent guidelines board, created directly by the City Council, is a public body (see Kingston Assoc. v. La Guardia, 156 Misc. 116 , 121 and cases cited; affd. 246 App. Div. 803 ). … Corp. v.

Vacheron v. City of New York

34 Misc. 420 · New York Supreme Court · Apr 15, 1901

The audit like the judgment is binding on both parties, and cannot be attacked collaterally (Osterhoudt v. Rigney, 98 N. Y. 222 ; Albrecht v. County of Queens, 84 Hun, 399 ). … The care of the roads was an administrative duty to be performed by each successive board during its existence. An existing board could not perform that duty for its successors. Judgment for the defendant.

People ex rel. Allen v. Metz

61 Misc. 363 · New York Supreme Court · Dec 15, 1908

This section provides that “ except as in this section otherwise provided, it shall be the duty of the board of aldermen, upon the recommendation of the board of estimate and apportionment, to fix the salary of every officer … This was distinctly held in Whitmore v. Mayor, 67 N. Y. 21 , where the same language was given this interpretation.

New York Central & Hudson River Railroad v. Warren

31 Misc. 571 · New York Supreme Court · May 15, 1900

Co. & Transfer Co. v. … The case of Brown v. N. Y. C. & H. R. R. R. Co., 75 Hun, 355 , arose in Niagara Falls upon an injunction obtained by a carriage owner, which carriages he used to transport passengers to the city of Niagara Falls.

People ex rel. Distler v. McGuire

68 Misc. 516 · New York Supreme Court · Aug 15, 1910

In the same view, a Supreme Court crier has been held to be a public officer whose salary could not be reduced by the board of estimate. Ricketts v. Mayor, 67 How. Pr. 320 . In Rowland v. Mayor, 83 N. … the other board.

In re Robbins

61 Misc. 114 · New York Supreme Court · Nov 15, 1908

Spears v. Mayor, 87 N. … Johnson v. Ravitch, 113 App. Div. 810, 812 ; Roake v. Palmer, 119 id. 65.

Kobbe v. McNamara

5 Misc. 2d 741 · New York Supreme Court · Jun 26, 1948

Board of Educ. of City of N. Y., 181 Misc. 645 , affd. 267 App. Div. 817 , affd. 293 N. Y. 792 ; Nelson v. Board of Higher Educ. of City of N. Y., 263 App. Div. 144 ; Wakefield v. Board of Educ. of City of N. … Although Todd v. Board of Educ. of City of Syracuse ( 272 App. Div. 618 ) is a holding to the contrary, the affirmance of the Appellate Division by the Court of Appeals ( 297 N.

Jaramillo v. Callen Realty

154 Misc. 2d 869 · New York Supreme Court · Jun 8, 1992

The City’s motion seems to have been made only on behalf of the City itself, not the Loft Board (the Board). I assume this was an oversight. … The Board never bestirred itself to act.

Callahan v. Kambour

49 Misc. 2d 280 · New York Supreme Court · Dec 16, 1965

In support of their position they strongly rely upon Greene v. Knox ( 175 N. Y. 432 ). With this contention I do not agree. … (See Forman v. Bostwick, 139 App. Div. 333 .)

Campaign for Fiscal Equity, Inc. v. State

162 Misc. 2d 493 · New York Supreme Court · Jun 21, 1994

Plaintiffs’ reliance upon Caulfield v Board of Educ. ( 486 F Supp 862 , affd 632 F2d 999, cert denied 450 US 1030 ) is misplaced. … (Board of Educ., Levittown Union Free School Dist. v Nyquist, 57 NY2d 27, 35 .)

Underhill v. New York & Harlem Rail Road

21 Barb. 489 · New York Supreme Court · Apr 8, 1856

(Marsh v. The New York and Erie Rail Road Company, 14 Barb. 364 .) … Brown, S. B. Strong and Rockwell, Justices.]