Case law

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.

Hoschke v. Hoschke

42 Misc. 125 · New York Supreme Court · Dec 15, 1903

H the said subsequent deed of conveyance. was in fact given as a mortgage, then' its record as an absolute deed of conveyance, instead of as a mortgage, secured for it no priority over the plaintiff’s mortgage (Brown v. … There are other cases not exactly but quite close in point (Peterson v. Clark, 15 Johns. 205 ; Brown v. Dean, 3 Wend. 208 ; Stewart v. Hutchins, 13 Wend. 485 ).

Sweeney v. Farrington

38 Misc. 2d 882 · New York Supreme Court · Apr 2, 1963

Town Boards are creatures of statute and possess no powers other than those conferred by statute. (Holroyd v. Town of *886 Indian Lake, 180 N. Y. 318 ; Wells v. Town of Salina, 119 N. Y. 280 ; Brothers v. … The Town Board originally labeled it as such. In order to defeat summary judgment against it, the board was required to come forth with evidentiary facts (Shapiro v. Health Ins. Plan, 7 N Y 2d 56; O’Meara Co. v.

Underwood v. Curtis

5 N.Y.S. 478 · New York Supreme Court · May 10, 1889

St. (7th Ed.) p. 2288, § 71; Ward v. Ward, 105 N. Y. 68 , 11 N. E. Rep. 373; Brown v. Clark, 77 N. Y 369. … St. (7th Ed.) p. 2176, § 15; Patterson v. Ellis, 11 Wend. 259 ; Knox v. Jones, 47 N. Y. 389 ; Schettler v. Smith, 41 N. Y. 328 .

Troidl v. Keough

44 Misc. 2d 548 · New York Supreme Court · Nov 19, 1964

JURISDICTION In San Diego Unions v. Garmon ( 359 U. … (Guss v. Utah Labor Bd., 353 U. S. 1 ; Meat Cutters v. Fairlawn Meats, 353 U. S. 20 .)

Chapman v. Fuller

7 Barb. 70 · New York Supreme Court · Sep 3, 1849

(The People v. Hopson, 1 Denio, 579 . Glover v. Whittenhall, 2 Id. 633 . Browning v. Hanford, 7 Hill, 120 . Putnam v. Man, 3 Wend. 202 . Townsend v. Olin, 5 Id. 207 . Evans v. Parker, 20 Id. 622. Weeks v. Ellis, 2 Barb. … In Cornell v. Cook, (7 Cowen, 310,) and Brown v. Cook, ( 9 John. 361 ,) it was decided that the lien was lost by suffering the execution to expire without sale.

People v. Lawson

84 Misc. 2d 24 · New York Supreme Court · Oct 22, 1975

Enriquez, 109 Ariz 570; State of Arizona v Espinosa, 101 Ariz 474; People v Jackson, 59 Cal 2d 468; People v Brown, 55 Cal 2d 64. … Brown, 55 Cal 2d 64 supra; People v Mora, 117 Cal Rep 262, 268).

Vedder v. Superintendents of the Poor

5 Denio 564 · New York Supreme Court · May 15, 1848

They are analogous to the proceedings of boards of town auditors which may be so removed. (People v. Supervisors of Queens, 1 Hill, 195 .) … (Weaver v. Devendorf, 3 Denio, 117 ,119 ; People v. Mayor of New-York, 2 Hill, 9 .)

Levy v. Anderson

65 Misc. 2d 763 · New York Supreme Court · Jan 28, 1971

in their petition that the Board has “ inherent power ” to do so. … However, an administrative agency possesses only those powers expressly conferred upon it by statute (Matter of Village of Boonville v. *765 Maltbie, 272 N. Y. 40 ).

Meyer & Steffens, Inc. v. Popolizzio

124 Misc. 2d 159 · New York Supreme Court · Apr 20, 1984

In my view, the board does have such authority. The board is not merely an agency performing a quasi-judicial function of resolving disputes among landlords and tenants. … , 28 NY2d 315 ; Matter of Vinson v Greenburgh Housing Auth., 29 AD2d 338 , affd 27 NY2d 675 ; Johnson v White Plains Urban Renewal Agency, 65 Misc 2d 293 ).

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.

1600 Elmwood Avenue, Inc. v. Wiles

42 Misc. 2d 759 · New York Supreme Court · Apr 23, 1964

Co. *761 v. Cantor, 190 App. Div. 512 ; People ex rel. O’Neil v. Purdy, 188 App. Div. 485 .) In People ex rel. 2440 Concourse v. … The court dismissed the application upon the grounds that that board could not waive a statutory requirement and further that the application was fatally defective. Again in People ex rel. Masonic Hall Assn. v.

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

Bronx Parkway Commission v. Hylan

119 Misc. 785 · New York Supreme Court · Dec 15, 1922

Wood v. Draper, 15 N. Y. 532 ; Board of Health v. Heister, 37 id. 661 . The argument on behalf of defendants attacks especially the amendment to the law made by chapter 604 of the Laws of 1922. … In that event it is the duty of the board of estimate to make readjustments in the items over which they have discretionary control. People ex rel. Cropsey v. Hylan, 199 App. Div. 218 ; affd., *789 232 N.

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 .)

Cameron v. Tompkins

30 Abb. N. Cas. 434 · New York Supreme Court · Oct 15, 1893

Y. 153, 159 ; Stone v. Browning, 68 Id. 598 ; Drake v. Seaman, 97 Id. 230 ; Mentz v. Newwitter, 122 Id. 491). … Partridge, 2 Robt. 193 ; German v. Machin, 6 Paige, 288 -292; Newberry v. Wall, 65 N. Y. 484 -488 ; Stone v. Browning, 68 Id. 598-604 ; Williams v. Morris, 95 U. S. 444 -455; Smith v. Arnold, 5 Mason, C.

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.

Metropolitan Tobacco Co. v. Shotz

93 Misc. 2d 671 · New York Supreme Court · Mar 7, 1978

the customer list of Brown-stein to 3 City, among other charges contained in said complaint. … (Sailly v. Hutton, 6 Wend. 508 ; Legg v. Dorsheim, 19 id. 700; Brittan v. Peabody, 4 Hill, 62, n.; Welling v. Sweet, 1 How. Pr. 156 .)”

National Savings Bank v. National Commercial Bank

176 Misc. 1057 · New York Supreme Court · Aug 8, 1941

(See upon the subject generally Wicks v. Carmichael, 172 Misc. 924 .) Nothing in Matter of Burrows ( 283 N.

Sage v. Broderick

139 Misc. 323 · New York Supreme Court · Jan 29, 1931

Y. 466, 469 ; Matter of Board of Education of Brooklyn, 11 N. Y. Supp. 780 ; Matter of City of New York v. Mitchell, 183 N. Y. 570 ; Civ. Prac. Act, §§ 1305, 1532.) … It would be a serious check upon the impartial performance of the duties of a town board as a board of audit if the members were chargeable personally with costs for any error in rejecting a claim.