Case law

Hassett v. Barnes

21 Misc. 2d 895 · New York Supreme Court · Nov 24, 1959

(Matter of Peruzzin v. Test, 282 App. Div. 550, 551 [4th Dept.]; Austin v. Board of Higher Educ., 5 N Y 2d 430, 442; Matter of Wilsey v. Johnson, 4 A D 2d 734; Matter of De Lack v. Greene, 170 Misc. 309, 312 .) … Wood v. Board of Assessors, 137 N. Y. 201, 204 .)

Klipp v. New York State Civil Service Commission

42 Misc. 2d 35 · New York Supreme Court · Feb 21, 1964

Matter of Kraus v. Singstad ( 275 N. Y. 302 ) and the cases therein cited are illustrative. … (Matter of Rohr v. Kenngott, 288 N. Y. 97, 105 .)

Ballard v. Gromack

47 Misc. 3d 802 · New York Supreme Court · Feb 17, 2015

(See Zuckerman v City of New York, 49 NY2d 557 [1980].) … (Lanza v Wagner, 11 NY2d 317, 324 [1962].)

D'Angelo v. Velella

167 Misc. 2d 719 · New York Supreme Court · Nov 22, 1995

Petitioner moves for an order; (1) Declaring Ronald James D’Angelo to be the Republican Commissioner of the Board of Elections in the City of New York from Kings County and directing the Board of Elections in the City of … Respondent, Thomas V.

Ponemon v. Inc. Village of East Hills

32 Misc. 2d 454 · New York Supreme Court · Jan 25, 1962

(Brechner v. Village of Lake Success, 23 Misc 2d 159 , 25 Misc 2d 920 ; Blumberg v. Hill, 119 N. Y. S. 2d 855; Isen Contr. Corp. v. Town of Oyster Bay, 279 App. Div. 1010 .) … This is true in light of the language of Levitt v. Incorporated Vil. of Sands Point (6 A D 2d 701, affd. 6 N Y 2d 269); McCabe v. Town of Oyster Bay (13 A D 2d 979); Homefield Assn. of Yonkers v. Frank ( 270 App.

People ex rel. New York Central & Hudson River Railroad v. Sullivan

77 Misc. 535 · New York Supreme Court · Sep 15, 1912

Co. v. Woodbury, 204 N.

Kramarsky v. New York Psychoanalytic Institute

102 Misc. 2d 806 · New York Supreme Court · Oct 10, 1979

For example, a classic situation where such relief is appropriate is that involved in Matter of Mangum v Sanguedolce *809 ( 58 Misc 2d 37 ). … A similar view of the meaning of the section was taken in Matter of Kramarsky v City of New York Police Dept. ( 90 Misc 2d 733, 735 ).

Russell v. Buckhout

34 N.Y.S. 271 · New York Supreme Court · May 13, 1895

In Lacy v. Getman, 119 N. Y. 111 , 23 N. E. 452 , Judge Finch does state that the executor had no power to put the plaintiff at work on the land or interest in it. … BROWN, P. J., concurs.

In re McCall

179 Misc. 32 · New York Supreme Court · Sep 16, 1942

He thereupon filed with the Board of Elections his declination of both nominations for the office of State Senator. … The power of the court will not be exercised to overrule the determination of the Board of Elections, which is manifestly in the public interest. (See People v. Purdy, 154 N. Y. 439 ; Matter of Ryan v. Murray, 172 Misc.

Conro v. Port Henry Iron Co.

12 Barb. 27 · New York Supreme Court · Sep 1, 1851

It was well observed by Chancellor Kent in Brown v. Rickets, (3 John. Ch. … (Green v. Winter, 1 John. Ch. Rep. 27. S. P. Parkist v. Alexander, Id. 394. Shuflin v. Stewart, Id. 620. Brown v. Rickets, 4 Id. 303.) (3.)

Grant v. State Commission for Human Rights

54 Misc. 2d 775 · New York Supreme Court · Sep 22, 1967

As stated by the court in Matter of Stork Rest. v. Boland ( 282 N. … The courts may not weigh the evidence or reject the choice made by the Board where the evidence is conflicting and room for choice exists.” and, as stated in Matter of Lawrence Gardens v.

Lombardi v. Power

39 Misc. 2d 615 · New York Supreme Court · Jun 5, 1963

Petitioner in this article 78 proceeding seeks to compel the Board of Elections of the City of New York to correct an alleg’ed error in his party enrollment dated October 13, 1962, and to enroll him in the specified party … Smith v. York, 34 Misc. 120 ; Matter of Jackson v. Britt, 147 App. Div. 87 ).

In re Marion

174 Misc. 897 · New York Supreme Court · Sep 3, 1940

(Matter of Brownell v. Cohen, 262 N. Y. 707 ; Matter of Flam v. Hand, 268 id. 619.) Address of witness must be correctly given. (Matter of Loreto v. Cohen, 268 N. Y. 628 ; Matter of Crosbie v. … (Matter of Loreto v. Cohen, supra; Matter of Crosbie v. Cohen, supra.)

Doe v. Kuriansky

158 Misc. 2d 797 · New York Supreme Court · Aug 16, 1993

The New York State Board of Social Welfare (hereinafter referred to as the Board) made a written request on April 20, 1976, as per a resolution of the Board of the same date, asking the Attorney-General to investigate "any … Similarly, in Accardi v Shaughnessy ( 347 US 260 ), the Attorney General of the United States delegated all of his discretionary powers to the Board of Immigration but reserved the right to revoke that authority.

P. & G. Lorillard v. Palmer

15 Johns. 14 · New York Supreme Court · Jan 15, 1818

(Hunter v. Prinsep, 10 East, 393.) Any other rule would be hard and unjust upon the merchant. (9 Johns. Rep. 20.) … The ship owners would not have been bound to keep their vessel with the cargo on . board until the blockade was removed.

Luken v. Luken

48 Misc. 3d 559 · New York Supreme Court · Apr 7, 2015

(Matter of Hinck v Hinck, 113 AD3d 681 [2d Dept 2014]; Stevens v Stevens, 82 AD3d 873 [2d Dept 2011].) … to college expenses during periods when the child lives away from home, such a credit covers only those expenses associated with the child’s room and board, rather than college tuition]; Matter of Iadanza v Boeger, 58 AD3d

Roe v. Palmer

101 Misc. 2d 1051 · New York Supreme Court · Dec 10, 1979

In Matter of Russell v Board of Elections of Chautauqua County ( 64 AD2d 1007 , affd 45 NY2d 800 ) two separate sheets of a designating petition for the position of Liberal Party candidate for Family Court Judge were invalidated … In Matter of Homer v Board of Elections of County of Cortland ( 71 AD2d 970 , mot for lv to app den 48 NY2d 601 ) there were 16 signatures on one sheet of a designating petition for a candidate seeking a place on the primary

Pelham Council of Governing Boards v. City of Mount Vernon Industrial Development Agency

187 Misc. 2d 444 · New York Supreme Court · Jan 10, 2001

(See Community Bd. 7 v Schaffer, 84 NY2d 148 [1994].) … (Matter of Dental Socy. v Carey, 61 NY2d 330, 333-335 [1984].)

Miller v. King

34 N.Y.S. 425 · New York Supreme Court · Jun 14, 1895

BROWN, P. J. The motion for a reargument in this case must be granted. The case was tried at the circuit solely upon the theory of a breach of contract. … Hobbs v. Railway Co., L. R. 10 Q. B. 111; Francis v. Transfer Co., 5 Mo. App. 7 ; Railway Co. v. Birney, 71 Ill. 391 ; Fink v. Railroad Co., 4 Lans. 147 -158.

In re Dana

119 Misc. 2d 815 · New York Supreme Court · Dec 17, 1982

The cases of Brown v Spohr ( 180 NY 201 ), Matter of Fontanella ( 33 AD2d 29 ) and Sussman v Sussman ( 61 AD2d 838 , affd 47 NY2d 849 ) cited by the petitioner conservator are all clearly distinguishable from the facts here … Brown v Spohr (supra) involved a transfer to third persons as trustees.