Case law

Mandalay Construction, Inc. v. Zimmer

22 Misc. 2d 543 · New York Supreme Court · Nov 25, 1959

Then on January 26, 1959 the Village Board, purportedly following a decision of the Appellate Division (Matter of Vit-Al Bldg. Corp. v. … (Hickox v. Griffin, 274 App. Div. 792 .) On the third point, the board’s construction of the decision in Vit-Al Bldg. Corp. v. Eccleston (supra) is, I believe, ill-founded.

Donohue v. Cornelius

45 Misc. 2d 42 · New York Supreme Court · Nov 29, 1963

(Matter of Bloat v. Board of Examiners, 274 N. Y. *46 367, 373 .) (See, also, Matter of Snyder v. Kern, 278 N. Y. 665 ; Kaplan, The Law of Civil Service, p. 138.) … In Matter of Vegas v.

R. G. H. Plumbing, Inc. v. City of Syracuse

72 Misc. 2d 445 · New York Supreme Court · Dec 29, 1972

(Town of Poughkeepsie v. Hopper Plumbing & Heating Corp., 46 Misc 2d 761 ; Matter of Board of Educ. of City of Buffalo v. City of Buffalo, 32 A D 2d 98; County of Westchester v. … (Herman v. Board of Educ., 234 N. Y. 196 ; County of Westchester v.

Roberts v. New York & N. E. Railroad

31 N.Y.S. 577 · New York Supreme Court · Dec 10, 1894

Such inquiry seems to be fully answered by the opinion of the court of appeals in the case of Leslie v. Lorillard, 110 N. Y. 532 , 18 N. … In this connection the remarks of Judge Comstock in the opinion of the court of appeals in the case of Hoyt v. Thompson, 19 N. Y. 216 , are quite appropriate.

Novak v. Town of Poughkeepsie

63 Misc. 2d 385 · New York Supreme Court · Apr 30, 1970

(City of Poughkeepsie v. Vassar Coll., supra, p. 607 .) … In Ainslie v. Lounsbery ( 275 App. Div. 729 , mot. for lv. to app. den. 299 N.

Smith v. Atherton

7 N.Y.S. 300 · New York Supreme Court · Oct 19, 1889

He relies upon this proposition, as stated, in Brown v. Knapp, 79 N. … In Brown v.

Kanasy v. Nugent

206 Misc. 826 · New York Supreme Court · Oct 16, 1954

(See Baddour v. City of Long Beach, 279 N. Y. 167 , and Gallon v. Hussar, 172 App. Div. 393 .) … In Jewish Consumptives’ Relief Soc. v. Town of Woodbury ( 230 App. Div. 228 , affd. 256 N.

Price v. Village of Freeport

60 Misc. 2d 888 · New York Supreme Court · Sep 25, 1969

(City of Rochester v. Gutberlett, 211 N. Y. 309 ; Matter of Reynolds v. Valentine, 169 Misc. 631 ; Finlay Straus, Inc., v. University of State of N. Y. 270 App. Div. 1060 .) … McGinnis, 29 A D 2d 969, 970; Matter of Cross v. Pearsall, 29 A D 2d 553; Matter of Hecht v. Monaghan, 307 N. Y. 461 ).

Horan v. Wallander

186 Misc. 40 · New York Supreme Court · Nov 5, 1945

(1) It is axiomatic in the law that no person will be allowed to acquire property by his own crime (Riggs et al. v. Palmer et al., 115 N. Y. 506, 511 ). … deprived her of any right to a pension. “ A judgment of acquittal is only a determination that guilt has not been established beyond a reasonable doubt, although a preponderance of evidence might point thereto ” (Schindler v.

Beta Sigma Rho, Inc. v. Moore

46 Misc. 2d 1030 · New York Supreme Court · Jul 20, 1965

to its duty of supervision and control of its educational institutions (Waugh v. … S. 589 ; Webb v. State Univ. of N. Y., 125 F. Supp. 910 ; Hughes v. Caddo Parish School Bd., 57 F. Supp. 508 , affd. 323 U. S. 685 ; cf. Hamilton v. Regents, 293 U. S. 245 ).

New York State Supreme Court Officers Ass'n v. New York State Unified Court System

2 Misc. 3d 960 · New York Supreme Court · Jan 20, 2004

Matter of Irwin v Board of Regents of Univ. of State of N.Y., 27 NY2d 292 [1970]). … The referenced decision, relying on both Matter of Irwin v Board of Regents ( 27 NY2d 292 ) and Matter of Silverman v State Liq.

Spano v. Novello

2 Misc. 3d 864 · New York Supreme Court · Oct 14, 2003

Board of Educ., 34 NY2d 222 , 231 [1974]; Kenton Assoc, v Division of Hous. & Community Renewal, 225 AD2d 349 [1996]). … The test usually applied in deciding whether a determination is arbitrary and capricious or an abuse of discretion is whether the determination has a rational or adequate basis (see, Heintz v Brown, 80 NY2d 998 [1992]).

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.

Village of Williston Park v. Israel

191 Misc. 6 · New York Supreme Court · Jan 22, 1948

In the resolution of the board of trustees of June 17, 1927, which purported to enact the ordinance, the following appeared: “ * * * Now, therefore, be it resolved that the Board of Trustees of the Village of Williston Park … (Merritt v. Village of Port Chester, 71 N. Y. 309 .) ” The village relies upon the case of Village of Northport v. Walsh ( 241 App. Div. 683 , affd. 265 N.

New York Post Corp. v. Moses

23 Misc. 2d 826 · New York Supreme Court · Jun 28, 1960

These decisions have discussed the status of authorities such as the New York Housing Authority, New York State Thruway and other boards acting for the city or State. In Ciulla v. … Similarly, in Matter of Egan v. Board of Water Supply ( 148 App. Div. 177 , affd. 205 N.

Daly v. Gibbs

187 Misc. 553 · New York Supreme Court · Sep 27, 1946

(Matter of Feldman v. Bd. of Elections in City of N. Y., 252 App. Div. 276 ; Matter of Reis v. Cohen, 240 App. Div. 854 , affd. 262 N. Y. 705 .) … (Matter of Crosbie v. Cohen, 281 N. Y. 329 ; Matter of Foote v. Lee, 175 Mise; 60.)

Federated Department Stores, Inc. v. Podeyn

51 Misc. 2d 555 · New York Supreme Court · Sep 20, 1966

Beresford v. Sexton, 284 N. Y. 145 ; People ex rel. Parklin Operating Corp. v. Miller, 287 N. Y. 126 ; Lee & Le Forestier, Review and Reduction of Real Property Assessments, § 1:21, p. 20). … Hotel Paramount Corp. v. Chambers, 298 N. Y. 372 , revg. 273 App. Div. 962 ; People ex rel. New York Stock Exch. Bldg. Co. v. Cantor, 221 App. Div. 193 , affd. 248 N. Y. 533 ).

Gulf Oil Corp. v. Smallman

185 Misc. 409 · New York Supreme Court · Jul 17, 1945

Matter of Triboro Coach Corp. v. New York State Labor Relations Board, 286 N. Y. 314 ). … Y. 405 ), and in connection therewith even picket plaintiff’s place of business (Exchange Bakery & Restaurant, Inc., v. Rifkin, 245 N. Y. 260 ). As was stated in Triboro Coach Corp. v. Labor Relations Board ( 286 N.

Graef v. Department of Health

131 Misc. 258 · New York Supreme Court · Jan 31, 1928

Wood v. Department of Health, 144 App. Div. 628 ; affd., 202 N. Y. 610 ; People ex rel. Connolly v. Police Comrs., 11 Hun, 403 .) These cases, however, bear no analogy. … health, shall file with the board of trustees of the health department pension fund, a written statement of the causes determining the action of the said board of health in ordering any pension to so cease; * * Obviously

Goodrich v. Watermill Townhouses, Inc.

169 Misc. 2d 314 · New York Supreme Court · Apr 19, 1996

"[The owner] is the party who, as a practical matter, has the right to hire or fire subcontractors and to insist that proper safety practices are followed” (Sweeting v Board of Coop. Educ. Servs., 83 AD2d 103, 114 ). … He also testified that various board members monitored the work as it progressed and the head of the board’s building committee was specifically assigned to oversee the work and to keep records of the board’s concerns about