Case law

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.

Welling v. Buck

184 Misc. 322 · New York Supreme Court · Jan 30, 1945

V, § 6) relating to the civil service. The Legislature has the power, before a list has expired, to extend its life for a reasonable time. (Ciaccia v. Board of Education, 271 N. Y. 336, 339 .) … It is urged that on the authority of Hurley v. Bd. of Education of City of N. Y. ( 270 N. Y. 275 , supra) and Ciaccia v. Board of Education ( 271 N.

South Shore Securities Co. v. Goode

5 Misc. 2d 972 · New York Supreme Court · Apr 22, 1957

An excellent collation of authorities and exposition of the law is found in Brown v. Brown ( 91 Misc. 220 ). … Div. 899 ); Fischer v. Plum ( 273 App. Div. 818 ); Rogers v. Reynolds ( 226 App.

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.

People v. Bowen

30 Barb. 24 · New York Supreme Court · Jul 22, 1859

That on the 12th day of September of the same year, the board of councilmen passed a resolution granting such peimission, but that on the 8th day of December, 1856, the board of aldermen non-concurred, and the resolution … Hilton, 15 Barb. 657 , and United States Trust Co. v. Brady, 20 id. 119,) that whether a special act of incorporation is necessary or not, is a matter entirely for the judgment and discretion of the legislature.

Todem Homes, Inc. v. Freidus

84 Misc. 2d 1023 · New York Supreme Court · Sep 29, 1975

Bauer v Lovelace, 272 App Div 820 .) … (Oberlies v Bullinger, 132 NY 598 ; Rush v Wagner, 12 NYS 2 ; 10 NY Jur, Contracts, § 315 et seq.)

Unitarian Universalist Church v. Shorten

64 Misc. 2d 1027 · New York Supreme Court · Dec 28, 1970

Co. v. Bell Bay Drugs, 20 N Y 2d 211, 218; Matter of Haber v. Board of Estimates of City of N. Y., 33 A D 2d 571). … Meade, 35 A D 2d 598; Matter of Manor Woods Assn. v. Randol, 29 A D 2d 778).

Publishers' Ass'n ex rel. Brooklyn Daily Eagle v. New York Typographical Union No. 6

168 Misc. 267 · New York Supreme Court · Jun 7, 1938

(Matter of Pine Street Realty Co. v. Coutroulos, 233 App. Div. 404, 407 .) … (Matter of Marchant v. Mead-Morrison Mfg. Co. supra.)

People ex rel. Slofsky v. Agnew

68 Misc. 2d 128 · New York Supreme Court · Dec 2, 1971

See Morey v. Doud, 354 U. S. 457, 465-466 .” (Levy v. Louisiana, 391 U. S. 68, 71 .) … In Baxstrom v. Herold ( 383 U.

109 Beach 29th Street Corp. v. Archer

188 Misc. 769 · New York Supreme Court · Aug 13, 1946

Realty Co. v. Walsh ( 203 App. … In Matter of Lyons v.

People v. Jacobson

101 Misc. 2d 1069 · New York Supreme Court · Dec 10, 1979

Brown, 40 NY2d 183, 185-186 ). … The court concluded that this procedure went beyond the requirements of the Fourth Amendment to the United States Constitution, which simply provides that the application be supported by oath or affirmation (People v Brown

Prendergast v. Village of Schaghticoke

49 N.Y. Sup. Ct. 317 · New York Supreme Court · Nov 15, 1886

“And the expense thereof shall be a charge upon the occupant, or any or all the occupants of said premises, and may be sued for and recovered, with costs, by said board in the name of such board.” … Boltzer v. Daley, (44 Sup. Ct., 37 Hun, 461 .)

Faculty-Student Ass'n of State University College at Buffalo, Inc. v. Town of Lyndon

137 Misc. 2d 1057 · New York Supreme Court · Dec 23, 1987

(Welch v City of Utica, 107 Misc 2d 745 ; Matter of F.O.R. Holding Co. v Board of Assessors, 45 AD2d 875 [2d Dept 1974], appeal dismissed 35 NY2d 959 [1974]; People ex rel. … Holding Co. v Board of Assessors, 45 AD2d 875 , appeal dismissed 35 NY2d 959 , supra; and Association of Bar of City of N. Y. v Lewisohn, 34 NY2d 143 , 153 [1974].)

Scrymser v. Lawrence

3 N.Y.S. 953 · New York Supreme Court · Jun 25, 1888

The mortgage to Brown’s predecessor, as trustee, was subsequent to the lien of the judgment, .and consequently subsequent to the Coe title from the sheriff. … As to all the defendants but Brown, trustee, the judgment of Lawrence v. Sanders and Lawrence v. Fuller are res adjudicata.

Serval Slide Fasteners, Inc. v. Molfetta

188 Misc. 787 · New York Supreme Court · Mar 10, 1947

Oberman & Co., Inc., v. United Garment Workers of America, 21 F. Supp. 20 ; Union Premier Food Stores, Inc., v. Retail Food Clerks and Managers Union, Local No. 1357, 98 F. [2d] 821; Stalban v. … Y. 188 ) and again in Dinny & Robbins, Inc., v. Davis ( 290 N. Y. 101 ). These decisions have been recently followed in Gulf Oil Cory. v. Smallman ( 185 Misc. 409 ) and Coward Shoe, Inc., v.

People ex rel. Moxon v. Fay

36 Misc. 2d 602 · New York Supreme Court · Oct 3, 1962

This “reformatory sentence” is an indefinite sentence in that the prisoner may be released at any time at the discretion of the Board of Parole but in no event can the confinement exceed five years (see People v. … Johnson v. Martin, 283 App. Div. 478 , affd. 307 N. Y. 713 ; People ex rel. Ward v. Jackson, supra; Noyse v. State of New York, supra).

People v. Davis

89 Misc. 2d 535 · New York Supreme Court · Feb 10, 1977

The fire spread to the adjoining building at 35 Gaerck Street which was occupied by Caroline Brown and this was the building mentioned in the indictment. … (See, also, People v Fowler, 178 Cal 657.)

Ingenito v. Conklin

113 Misc. 2d 420 · New York Supreme Court · Apr 5, 1982

The initial proposal made by the board was rejected by the Rockland Supreme Court on May 12, 1969 (Abate v Mundt, 59 Misc 2d 809 , Hawkins, J.). … In Abate v Mundt ( 25 NY2d 309 , supra), the Court of Appeals addressed the issue of whether the reapportionment plan adopted by the board of supervisors in Resolution No. 311, 1969, was subject to the amendments contained

Stamp v. Franklin

12 N.Y.S. 391 · New York Supreme Court · Jan 24, 1891

That the plaintiff, in consideration of the said agreement of •decedent, promised to remove to said house, and board and take care of decedent, on said terms, and that she did so remove, and boarded decedent and took care … In Brooks v. Schwerin, 54 N.

Curran v. City of New York

191 Misc. 229 · New York Supreme Court · Dec 29, 1947

S. 403 ; United States v. Pink, 315 U. S. 203, 223 ; United States v. Belmont, 301 U. S. 324 ; Wulfsohn v. Russian Socialist Fed. Soviet Republic, 234 N. Y. 372, 376 .) … Swan v. Doxsee, 136 App. Div. 400 , affd. 198 N. Y. 605 ; Gushee v. City of New York, 42 App. Div. 37 [1899] ; Matter of Central Parkway, 140 Misc. 727 [1931]; American Dock Co. v.