Case law

Berger v. Amchem Products

13 Misc. 3d 335 · New York Supreme Court · Jul 10, 2006

Honorable Louis York twice declined to hold a Frye hearing in a friction case (Brown v AC&S, Sup Ct, NY County 2000, Index No. 120595/00) stating that Frye has been interpreted to say that as long as there is a substantial … For the reasons stated by the majority of judges who have dealt with this specific issue and based on what appears to be clear direction from the First Department in Brown v AC&S (supra), Lustenring v AC&S (supra), and Matter

Hebron v. Hebron

116 Misc. 2d 803 · New York Supreme Court · Nov 26, 1982

(See Matter of Brown, supra.) … (See, e.g., Matter of Brown, supra.)

People v. Ayten

172 Misc. 2d 571 · New York Supreme Court · Mar 25, 1997

However, in People v Ross ( 169 Misc 2d 308, 312 [Sup Ct, NY County 1996]), the court ruled that, because the hearing was an "administrative function”, it should "review the Board’s recommendations only for arbitrariness … For the above reasons, this court deems the Board of Examiner’s recommendation of a level three risk level to be "arbitrar[y] and capricious [ ].” (People v Ross, supra, at 312 .)

Marthann Realty Co. v. Meade

59 Misc. 2d 274 · New York Supreme Court · Feb 14, 1969

Based on the record in this proceeding and that, on a motion to dismiss pursuant to CPLR 3211, the allegations of the complaint are deemed to be true (Schwartz v. Heffernan, 304 N. Y. 474 ; St. Regis Tribe v. … Board of Trustees, 21 A D 2d 693).

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.)

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.)

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.

Thompson v. Wallin

196 Misc. 686 · New York Supreme Court · Nov 28, 1949

(Seia v. New York, 334 U. S. 558 [1948] ; Bridges v. California, 314 U. S. 252 [1941] ; Cantwell v. Connecticut, 310 U. S. 296 [1940] ; Thornhill v. Alabama, 310 U. S. 88 [1940]; Lovell v. Griffin, 303 U. … Gitlow v. New York, 268 U. S. 652 , and Whitney v. California, 274 U. S. 357 , with Thomas v. Collins, 323 U. S. 516 , West Virginia Bd. of Educ. v. Barnette, supra, and Herndon v. Lowry, 301 U. S. 242 .)

721 Corp. v. Morgan Guaranty Trust Co.

40 Misc. 2d 395 · New York Supreme Court · Jun 19, 1963

In April, 1962 the two directors designated by plaintiff were re-elected to the board of directors. … (Diamond Match Co. v. Roeber, 106 N. Y. 473, 484 ; Goos v. Pennisi, 10 A D 2d 643.) Nor does the agreement violate section 8 of the Clayton Act (TJ. S.

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.

Hannon v. Bartlett

93 Misc. 2d 321 · New York Supreme Court · Dec 9, 1977

Wolmart v New York City Civ. Serv. Comm. (Supreme Ct, NY County, July 3, 1975, Hughes, J., affd 56 AD2d 531 ), relied on by respondent, is inapposite. … In view of the undue delay, mandamus is clearly the appropriate remedy. *324 (Matter of Ackerson, NYLJ, June 27, 1973, p 14, col 1; Batterman v Hoberman, NYLJ, Feb. 7, 1968, p 17, col 6.)

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.

Flint v. Rowell

15 N.Y. St. Rep. 572 · New York Supreme Court · Apr 14, 1888

of the board, was as effective as if it had been actually prepared and signed by two of the commissioners subsequent to the action of the board voting a license. … Powell v. Tuttle, 3 Com., 400. There was no dispute, as to what transpired after the board convened, as all the commissioners were called as witnesses and they substantially agreed in their statements.

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.

Jackson v. Collins

16 N.Y.S. 651 · New York Supreme Court · Nov 30, 1891

The plaintiff rendered a bill to the board of assessors for $112.50, on which that board audited and allowed the sum of $66, which was paid to and received by the plaintiff. … In Earl v.

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 .)

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.

Central School District No. 1 v. Litz

60 Misc. 2d 1009 · New York Supreme Court · Oct 16, 1969

Employees Assn. v. Helsby (21 N Y 2d 541). It has been codified by the Legislature in subdivision 3 of section 209-a of the Civil Service Law. … functions of the Board of Education or the proper exercise of its judgment and discretion under law and this Agreement.”

In re Pinney

17 Misc. 24 · New York Supreme Court · May 15, 1896

Traveling, and other expenses necessarily incurred in People v. Thos. Crimes......' 25 61 “ Jan. 31 to Mar. 16. Rike expenses necessarily -in- ’ curved in People v. … Gardenier v. Board of Supervisors of the County of Columbia, 134 N.

McChesney v. City of Syracuse

27 N.Y.S. 508 · New York Supreme Court · Feb 15, 1894

Weisemair v. City of Buffalo, 57 Hun, 48 , 10 N. Y. Supp. 569 ; McCorkle v. Herrman, 117 N. Y. 297 , 22 N. E. 948 ; Larkin v. McMullin, 120 N. Y. 206 , 24 N. E. 447 ; Van Clief v. Van Vechten, 130 N. Y. 571 , 29 N. … E. 1017 ; Hollister v. Mott, 132 N. Y. 18 , 29 N. E. 1103 ; French v. Bauer, 134 N. Y. 548 , 32 N. E. 77 ; Mack v. Colleran, 136 N. Y. 617 , 32 N. E. 604 ; Ogden v. Alexander, 140 N. Y. 356, 362 , 35 N. E. 638 .