Case law

Koukly v. Weber

154 Misc. 659 · New York Supreme Court · Jan 17, 1935

Most of the facts are identical with those in the action of Koukly v. Canavan ( 154 Misc. 343 ), decided just prior to this decision. There was an attempted meeting of April second. … (Koukly v. Canavan, supra.) The meetings of May fourth and June fourth, as well as the election, were nullities.

Joel v. Woman's Hospital

35 N.Y.S. 37 · New York Supreme Court · Jul 26, 1895

BROWN, P. J. The plaintiff was a patient in the defendant’s hospital from September 15 to December 15, 1892. While there she was placed under the influence of an anaesthetic during the performance of an operation. … McDonald v. Hospital, 120 Mass. 432 ; Insurance Patrol v. Boyd, 120 Pa. St. 624, 15 Atl. 553 ; Doyle v. Infirmary, 80 N. Y. 631 ; Harris v. Hospital, 27 Abb. N. C. 37 , 14 N. Y. Supp. 881 ; Allan v. Steamship Co. (N. Y.

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.

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 .)

Ackley v. Kellogg

8 Cow. 223 · New York Supreme Court · Feb 15, 1828

The captain of the defendants’ sloop, which carried the1 goods to Troy, swears positively that one of' the plaintiffs) after the goods were put on board at New-York, came on board the vessel, and directed him to forward the … The case bears no analogy to- that *of Hyde v. The Trent and Mersey Navigation Company, (5 T. R. 389.) It is said the judge admitted improper' evidence, to establish the interest of Standish, the plaintiff’s witness.

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 .

Twenty-One White Plains Corp. v. Village of Hastings-on-Hudson

14 Misc. 2d 800 · New York Supreme Court · Nov 12, 1958

(Matter of Wulfson v. Burden, 241 N. Y. 288 ; Freeman v. … The Planning Board recommended that the Maple Avenue site be rezoned for the construction of a supermarket but the Village Board of Trustees disagreed with the Planning Board for many legitimate and sound reasons and it then

New York City Transit Authority v. New York Historical Society

167 Misc. 2d 31 · New York Supreme Court · Nov 16, 1995

Lubell, 77 NY2d 311, 318 ; Sporn v MCA Records, 58 NY2d 482, 488 ). … Lubell, supra, at 318; Sporn v MCA Records, supra, at 488).

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.)

Dexter v. Dustin

24 N.Y.S. 129 · New York Supreme Court · Jul 8, 1893

See Brown v. Railroad Co., 18 N. Y. 495 ; Thornton v. Railroad Co., 6 Daly, 511 .

Schinzel v. Best

45 Misc. 455 · New York Supreme Court · Dec 15, 1904

As Judge Brown says, in Gordon v. Strong, 3 App. … Justice Van Brunt in Hearst v. Berri, 24 App.

Oberndorf v. Farmers' Loan & Trust Co.

71 Misc. 64 · New York Supreme Court · Feb 15, 1911

Brown v. Brown, 68 Mo. 388 . In Whitehead v. Tapp, 69 Mo. 415 , it was decided that a man who has a wife "is the head of a family although his wife may have deserted him. Matter of Shedd, 60 Hun, 367 ; affd., 133 N. … Woodruff v. Woodruff, 54 App. Div. 414 ; Haynes v. Sherman, 117 N. Y. 433 ; First Nat. Bank ,v. Miller, 24 App. Div. 551 ; Smith .v. Bowen, 35 N. Y. 83 ; *67 Loring v. Loring, 100 Mass. 340 ; Bradlee v.

Adler v. Messina

44 Misc. 2d 132 · New York Supreme Court · Sep 28, 1964

They are not susceptible to direct review under article 78 (Matter of Buckley v. Fasbender, 275 App. Div. 853 ; Matter of Pelham Jewish Center v. Board of Trustees, 9 Misc 2d 564 ). … Y. 773 ; People v. Kraushaar, 195 Misc. 487 ; cf. People v. Greeman, 137 N. Y. S. 2d 388). Therefore, I rule as has Mr. Justice Hoyt in Matter of Lee v. Board of Trustees of Vil. of Briarcliff Manor (N. Y. L.

Rowland v. Oswego City School District

97 Misc. 2d 42 · New York Supreme Court · Nov 9, 1978

school district and must be established by clear and convincing evidence that the petitioner, by a voluntary and deliberate act, intended to relinquish her teaching position and forfeit her tenure rights (see Matter of Boyd v … Patterson v Board of Educ., 295 NY 313 ; Matter of Johnson, 3 Ed Dept Rep 186; Matter of Schiliro, 13 Ed Dept Rep 163; Matter of Widrick, 16 Ed Dept Rep 248).

Yellow Taxicab Co. v. Gaynor

82 Misc. 94 · New York Supreme Court · Aug 15, 1913

Calder v. Kurby, 71 Mass. 597 ; People v. Roper, 35 N. Y. 629, 635 ; Laing v. Mayor & Council of Americus, 86 Ga. 756 ; Sullivan v. Borden, 163 Mass. 470 ; St. Charles v. Hackman, 133 Mo. 634 ; Newson v. … In Veneman v.

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.

Morison v. Broadway & Seventh Avenue Railroad

8 N.Y.S. 436 · New York Supreme Court · Jan 10, 1890

Eppendorf v. Railroad Co., 69 N. … Keating v. Railroad Co., 49 N. Y. 673 ; Nichols v. Railroad Co., 38 N. Y. 131 ; Maher v. Railroad Co., 67 N. Y. 52 ; Dillon v. Railway Co., 1 N. Y. Supp. 679 ; Butler v. Railroad Co., 2 N. Y. Supp. 72 .

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.