Case law

East House Corp. v. Riker

72 Misc. 2d 823 · New York Supreme Court · Jan 11, 1973

The findings of the board in granting the approval of 155 Dartmouth Street, which were utilized by the two board members who approved the application, were established by the evidence before the board in this proceeding and … (Matter of Grand Chapter Phi Sigma Kappa v. Grosberg, 30 A D 2d 887.)

Siwek v. Mahoney

85 Misc. 2d 27 · New York Supreme Court · Feb 11, 1976

The Court of Appeals very clearly reviewed the entire issue in Kovarsky v Housing & Development Admin., City of N. … (NY Legis Ann, 1975, p 421.) *33 In response to Governor Carey’s message it should be observed that the Court of Appeals has already spoken out on this subject in Matter of Fraser v Brown ( 203 NY 136 ) where the court struck

Hartsdale Station Shopping Center, Inc. v. Liberman

25 Misc. 2d 684 · New York Supreme Court · Dec 31, 1959

The Zoning Board, in its decision, recognized that practical difficulties existed by reason of the rocky formation and limited usable area of petitioner’s property. … The board, however, denied that hardship existed as to the height requirement and it is with this denial and the findings of the board in relation thereto that we are here concerned.

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.

Halleran v. City of New York

132 Misc. 73 · New York Supreme Court · Jan 11, 1928

Co. v. State ( 125 N. Y. … It is further insufficient as to the transit commission and the board of transportation for the reason that a taxpayer’s action will not lie against State officers. (Gen. Mun. Law, § 51; Schieffelin v. Komfort, 212 N.

O'Connor v. Power

24 Misc. 2d 918 · New York Supreme Court · Oct 26, 1959

(Matter of Dorsey v. Cohen, 268 N. Y. 620 ; Matter of Crosbie v. Cohen, 281 N. Y. 329 ; Matter of Lerner v. Cohen, 262 N. Y. 450 ; Matter of Loreto v. Cohen, 268 N. … The Board of Elections cannot pass on questions of invalidity requiring the determination of issues of fact such as are ordinarily raised by claims of fraud or forgery. (Matter of Waters v. Cohen, 248 App. Div. 830 .)

Hatch v. Peet

23 Barb. 575 · New York Supreme Court · Mar 2, 1857

(See Swift v. Dewitt, 3 How. Pr. Rep. 280 ; Smith v. Brown, 17 Barb. 431 ; Van Schaick v. Winne, 16 id. 90 ; Smith v. Lockwood, 13 id. 209 ; The People v. Ryder, 2 Kernan, 433; Hall v. Taylor, 8 How. Pr. Rep. 428 .) … (See Seeley v. Engell, 17 Barb. 530 ; Thomas v. Desmond, 12 How. Pr. Rep. 321 ; Brown v. Ryckman, id. 313.) So also, for the same reason, it was held by the supreme court, in Seeley v.

Buck v. City of New York

127 Misc. 354 · New York Supreme Court · May 27, 1926

Allen v. Metz, 61 Misc. 363 .) … (Grimmer v. Tenement House Dept., 205 N. Y. 549 .) Verdict directed for plaintiff for $7,344.98 and interest amounting to $804.19, making a total of $8,149.17.

People ex rel. American Contracting & Dredging Co. v. Wemple

14 N.Y.S. 859 · New York Supreme Court · May 21, 1891

People v. Board of Fire Com'rs, 73 N. Y. 437 . … In the case of People v.

Consolidated Edison Co. of New York, Inc. v. Village of Briarcliff Manor

208 Misc. 295 · New York Supreme Court · Aug 2, 1955

Div. 718 ) and Matter of Long Island Lighting Co. v. Incorporated Vil. of East Rockaway ( 279 App. Div. 926 , affd. 304 N. Y. 932 ), particularly support the determination of the board. … The board is not a court and may not pass upon the constitutionality or legality of the zoning ordinance under which it is authorized to act. (Baddour v. City of Long Beach, 279 N. Y. 167 ; Matter of Otto v.

Myers v. Palmer

18 Johns. 167 · New York Supreme Court · Aug 15, 1820

Shelly, (1 Term Rep. 296.) and which has been adopted by this Court; ( Winton v. Saidler, 3 Johns, Cases, 185; Coleman v. Wise, 2 Johns. Rep. 165; Baker v. Arnold, 1 Caines' Rep. 258; Woodhull v. Holmes, 10 Johns. … (a) Vide Mann v. Swann. 14 Johns. Rep. 270. Hubbly v. Brown, 16 Johns. Rep. 70.

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 ).

Chiappinelli-Marx, Inc. v. Pacitto

46 Misc. 2d 611 · New York Supreme Court · May 19, 1965

(Ostrowe v. Lee, 256 N. Y. 36 .) … While Ostrowe v. Lee (supra) says that defendant must also prove such a defense, a later ease (Shapiro v. Health Ins. Plan of Greater N.

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.

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.

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.

Bank of New York Co. v. Irving Bank Corp.

140 Misc. 2d 508 · New York Supreme Court · Jul 21, 1988

In Matter of Cromarty v Leonard ( 13 AD2d 275 , affd 10 NY2d 915 [1961]), the vote of a majority of the total membership of the Suffolk County Board of Supervisors was necessary to approve the nominee for County Attorney. … , 1 abstaining, 1 seat vacant, held not to constitute required two-thirds vote of board (i.e., 4 votes), citing Matter of Cromarty v Leonard, supra, for the proposition that the abstention should be counted in opposition

Cudney v. Spaulding

191 Misc. 979 · New York Supreme Court · Apr 27, 1948

(James v. Alderton Dock Yards, 256 N. Y. 298, 305 .) This court is mindful of the decision in Neubeck v. McDonald ( 128 Misc. 768 ) and Baumann v. Baumann ( 222 App. … In 79 Delancey Corp. v. Meridan Holding Corp.

People ex rel. Lehigh Valley Rail Way Co. v. Clover

174 Misc. 44 · New York Supreme Court · May 3, 1940

Bank v. … The trustees (for in the instant case the entire board of trustees acted and not a committee) as well as the assessors are thus necessary parties to this proceeding. (People ex rel. Union Bag & Paper Corp. v.

Laguardia v. Smith

176 Misc. 482 · New York Supreme Court · Mar 15, 1941

(McCabe v. City of New York, 213 N. Y. 468, 484 .) … In Matter of Becker v. Lunn ( 200 App.