Case law

Greenpoint Coal Docks, Inc. v. Newtown Creek Realty Corp.

5 Misc. 2d 812 · New York Supreme Court · May 27, 1949

Co. v. Thomas B. Mclntire, Inc., 174 App. Div. 446, 447 .) … (See Keating v. Coleman, 214 App. Div. 668 .)

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 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 .)

Nostrand v. Durland

21 Barb. 478 · New York Supreme Court · Apr 8, 1856

In the case of Rogers v. … Brown, J., dissented. New trial denied. Brown, S. B. Strong and Rockwell, Justices.]

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.

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.

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 .

Johnson v. City of Troy

26 N.Y. Sup. Ct. 204 · New York Supreme Court · Nov 15, 1879

the board or the city. … McLelan, etc., v. The City of Troy, which is founded upon the same state of facts. Learned, P. J., and Bockes, J., concurred. Judgment and order reversed and new trial granted, costs to abide event.

Balsam v. Fioriglio

41 Misc. 3d 361 · New York Supreme Court · Aug 5, 2013

Servs. v DiLascio, 176 AD2d 312 [1991]).” (Wells Fargo Bank, N.A. Bank v Cohen at 755.) … The Court, in Frankson v Brown & Williamson Tobacco Corp. ( 67 AD3d 213, 217-218 [2d Dept 2009]), instructed: “Unlike res judicata and collateral estoppel, which ‘are rigid rules of limitation,’ the law of the case doctrine

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 ).

Woodward v. Continental Charters, Inc.

203 Misc. 581 · New York Supreme Court · Nov 13, 1952

(See Parker v. Marco, 136 N. Y. 585 , and Netograph Mfg. Co. v. Scrugham, 197 N. Y. 377 .) The plaintiffs assert that his attendance was the result of legal compulsion, while the defendant claims that it was voluntary. … Under the general powers of the board, conferred in section 425, the board may conduct investigations and make such rules, regulations and adopt such procedures as it shall deem necessary to carry out its functions.

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

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.

Marland v. Ambach

93 Misc. 2d 328 · New York Supreme Court · Feb 27, 1978

Nor, since petitioners were probationers at the time of termination, was there any due process right to a hearing here (Board of Regents v Roth, 408 US 564 ; Huntley v Community School Bd. of Brooklyn, 543 F2d 979). … Further, the scope of review of determinations of the Commissioner of Education is limited to the question of " 'whether there is a rational basis for the administrative orders’ ” (Matter of Pell v Board of Educ., 34 NY2d

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.