Case law

Nestor v. City of New York

28 Misc. 2d 70 · New York Supreme Court · Feb 15, 1961

(Ohman v. Board of Educ. of City of N. Y., 300 N. Y. 306 , supra ; Curcio v. City of New York, 275 N. Y. 20 .) … Other cases cited by the plaintiff such as Rivera v. Board of Educ. (11 A D 2d 7) and Germond v. Board of Educ. of Cent. School Dist.

Beekman's Petition

1 Abb. Pr. 449 · New York Supreme Court · Nov 15, 1865

The same case was referred to and re-affirmed by the conrtof Appeals in Manice v. The Mayor of New York (8 N. Y. [4 Seld.], 120). … Stat., 555; Doughty v. Hope, 3 Den., 594 .) That rule is the one to which the assessors in question were required to conform. They disregarded it.

People ex rel. Ogden v. McGowan

118 Misc. 828 · New York Supreme Court · Jul 15, 1921

The board of health had power to make the regulation. … Polinsky v. People, 73 N. Y. 65 ; Fischer v. St. Louis, 194 U. S. 361 ; People ex rel. Leiberman v. Vandecarr, 175 N. Y. 440 ; affd., 199 U. S. 552 .

Yokohama Specie Bank, Ltd. v. Milbert Importing Corp.

182 Misc. 281 · New York Supreme Court · Aug 11, 1943

(Bergstrom v. Ritz-Carlton Restaurant & Hotel Co., 171 App. Div. 777 , 780, 781; Brown v. Brown, 91 Misc. 220, 223, 224 .) … (Stegal v. Union Bank and Federal Trust Co., 163 Va. 417, 452-460 ; Manufacturer’s Finance Corp. v. Vye-Neill Co., 62 F. 2d 625, 630 ; 10 C. J. S., Bills and Notes, § 511.)

Chamberlin v. Cuyler

9 Wend. 126 · New York Supreme Court · May 15, 1832

The general doctrine upon this subject was fully considered by this court in Kimball v. … Brown, 7 Wendell, 322 , where all the cases referred to upon this argument and several others were reviewed by the chief justice* That case, however, only decides that the exception in the statute is confined to mutual accounts

Hercher v. Murdock

200 Misc. 275 · New York Supreme Court · May 31, 1951

Any person or persons, jointly or severally aggrieved by any decision of the board upon appeal or review had under section six hundred and sixty-six of the charter, or any agency of the city, or the board of standards and … .” *277 (Fleischer v. Murdoch, 62 N. Y, S. 2d 417, 419, appeal dismissed 77 N. Y. S. 2d 393.)

Held v. Hall

190 Misc. 2d 444 · New York Supreme Court · Jan 29, 2002

Berger, 182 AD2d 795, 797 [2d Dept 1992], lv denied 79 NY2d 758 [1992], citing Matter of Conroy v Levine, 62 NY2d 934, 935 [1984]), where the successful candidate has already assumed office (Matter of Duncan v Board of Commrs … of Ethics (the Ethics Board).

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 ).

Lehman v. City of Brooklyn

29 Barb. 234 · New York Supreme Court · May 9, 1859

In Hartfield v. … Lott, Emott and Brown, Justices.]

Lewis v. Davis

3 Johns. 17 · New York Supreme Court · Feb 15, 1808

In the case before us, the first mate gave the crew permission to go on shore, requiring only that the second mate should return and sleep on board. … B. in the case of Thompson v. Collins, (4 Bos. & Pul. 347.) who were inclined to think that each person ought to answer for his own default.

People v. Rivera

111 Misc. 2d 526 · New York Supreme Court · Nov 17, 1981

In Brown v Ohio ( 432 US 161, 169 ) the Supreme Court held that the “Fifth Amendment forbids successive prosecution and cumulative punishment for a greater and lesser included offense” but noted (p 169, n 7), “An exception … Where CPL 40.40 operates to bar a prosecution for reckless assault (Penal Law, § 120.10, subd 3) it also bars a prosecution for the same offense (Brown v Ohio, supra) albeit a higher degree thereof.

Alvaro v. Baar

67 Misc. 2d 489 · New York Supreme Court · Aug 30, 1971

the board of supervisors, by resolution, may determine, to be appointed by the board of supervisors. … (Rathbone v. Wirth, 150 N. Y. 459, 491 .)

Town of North Hempstead v. Public Service Corp.

107 Misc. 19 · New York Supreme Court · Apr 15, 1919

Beebe v. … The important fact is that the power to grant such an order was at all times in the priorities board or the war industries board. Such action was not prohibited nor rendered illegal.

Burns v. Broderick

140 Misc. 859 · New York Supreme Court · May 19, 1931

Co. v. City of New York ( 190 N. … Co. v. City of New York, supra, 309.)

Bevan v. New York State Teachers' Retirement System

74 Misc. 2d 443 · New York Supreme Court · Jul 2, 1973

of Regents v. … The case cited by defendants, Matter of Chavich v. Board of Examiners of Bd. of Educ. of City of N.

Mitchell v. Forest City Printing Co.

107 Misc. 709 · New York Supreme Court · Sep 15, 1916

Lewis v. Matthews, supra; Wallace v. Walsh, supra; 10 Cyc. 757. … Butts v. Wood, 37 N. Y. 317 ; Kelsey v. Sargent,40 Hun, 150 ; Beers v. New York Life Ins. Co., 66 id. 75.

People v. Semple

174 Misc. 2d 879 · New York Supreme Court · Nov 24, 1997

CONCLUSIONS OF LAW The present sense impression exception to the hearsay rule was first adopted in this State in People v Brown ( 80 NY2d 729 [1993]). … This corroboration requirement will vary depending on the particular facts of each case (People v Brown, supra).

Dolan v. Kelly

76 Misc. 2d 151 · New York Supreme Court · Sep 21, 1973

S. 468 ; Kammerer v. Board of Fire and Police Comm., 44 Ill. 2d 500 ; Silverio v. Municipal Ct. of City of Boston, 355 Mass. 623 , cert, den. 396 U. S. 878 ; Matter of McGrath v. Kirwan, supra). … Board of Supervisors *158 of County of Suffolk, 6 N Y 2d 376; Matter of General Bldg. Contractors of N. Y. State v. Board of Trustees, Vil. of Cayuga Hgts. 42 A D 2d 660).

In re Fuhrer

100 Misc. 2d 315 · New York Supreme Court · Jun 21, 1979

(See People v Brown, 70 Misc 2d 224, 228 ; Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY Book 39, Penal Law, § 35.05, p 83.) … (See People v Brown, supra, pp 229-230; Hechtman, Practice Commentaries, ibid.)

Franklin v. Krause

83 Misc. 2d 42 · New York Supreme Court · Jul 7, 1975

(The reference to Iannucci is to Iannucci v Board of Supervisors of County of Washington, 20 NY2d 244 .) In November, 1974 the weighted voting plan was submitted to the electorate. … Therefore, he expressed a preference for one which had been proposed by the board and directed that it be submitted to the voters for their consideration on June 10, 1975 (Franklin v Krause, 81 Misc 2d 52 ).