Case law

New York State Ass'n of Criminal Defense Lawyers v. Kaye

182 Misc. 2d 85 · New York Supreme Court · Oct 28, 1999

Socy. v Cuomo, 167 AD2d 168, 172 [1st Dept 1990]; see also, Matter of Dental Socy. v Carey, supra). … The Court of Appeals has defined arbitrary action as being “without sound basis in reason and * * * without regard to the facts” (Matter of Pell v Board of Educ., 34 NY2d 222 , 231 [1974]).

Abraham v. Meyers

29 Abb. N. Cas. 384 · New York Supreme Court · Jan 15, 1893

The consent of the Board of Aldermen was not, in my judgment, vitiated by the fact that a committee of the board, to whom the petition of the defendant corporation had been referred, was alone present at the time and place … Mayor, 1 Duer, 451 ; Negus v. City of Brooklyn, 10 Abb. N. C. 180 ; Wood v. City of Brooklyn, 14 Barb. 425 ; People ex rel. Negus v. Dwyer, 90 N. Y. 402 ).

Kuhn v. Commissioner of Education

208 Misc. 1019 · New York Supreme Court · Sep 26, 1955

In Corbett v. Union Free School Dist. … Such administrative decisions are entitled to weight (Matter of Hill v. Board of Educ. of Central School Dist. No. 2 of Town of Glenville, 286 App. Div. 332, 338 ).

Golowich v. Union Free School District No. 8

25 Misc. 2d 867 · New York Supreme Court · Jul 20, 1960

(See Goldrich v. Franklin Gardens Corp., 282 App. Div. 698 and cases cited. Also Sauchelli v. Fata, 306 N. Y. 123 ; Lynbrook Homes v. Frey, 217 App. Div. 164 ; Snyder v. County of Monroe, 2 Misc 2d 946 .) … Co. v. Wood, 145 Misc. 481 , and cases cited; City of Long Beach v. Long Beach Water Co., 209 App. Div. 902 .)

People ex rel. Benedict v. Milleman

128 Misc. 367 · New York Supreme Court · Oct 5, 1926

The jurisdiction of the board, therefore, to grant such permission depends upon the fact of a tenement house being “ located ” on a given lot. … (See Matter of Hurwitz v. Moore, 132 App. Div. 29 ; Lakes Island Realty Co. v. McDermott, 96 Misc. 37, 39 .)

People ex rel. Hall v. Maher

9 N.Y.S. 94 · New York Supreme Court · Feb 24, 1890

People v. Squire, 107 N. Y. 602 , 14 N. E. Rep. 820. And we shall assume the constitutionality of this provision. … The decision of the board is reversed, and the contract adjudged illegal, with $50 costs and disbursements. All concur.

Douglas v. Allen

43 Misc. 2d 35 · New York Supreme Court · May 15, 1964

(Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d 127, 141.) … This question was settled in the Allen case (Matter of Board of Educ. of City of N. Y. v. Allen, supra.)

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].)

Duncklee v. Butler

30 Misc. 58 · New York Supreme Court · Dec 15, 1899

Thompson v. Brown, 4 Johns. Oh. 619. And where he found an indebtedness against, a manufacturing company represented by notes, he might reinvest that amount in another manufacturing company. Brown v. Campbell, 1 Hopk. … Hogan v. De Peyster, 20 Barb. 100 .

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.

Spitzer v. Schussel

7 Misc. 3d 171 · New York Supreme Court · Jan 20, 2005

(Kaufman v Cohen, 307 AD2d 113, 118 [1st Dept 2003].) … Instead, the court is persuaded by the reasoning contained in Butler v Gibbons ( 173 AD2d 352 [1st Dept 1991]).

Glen Oaks Club, Inc. v. Glen Oaks Holding Co.

194 Misc. 206 · New York Supreme Court · Dec 27, 1948

Defendant cites Constant v. University of Rochester ( 111 N. … This action of the Board of Directors was communicated to Mr.

Hall v. City of Olean

82 Misc. 300 · New York Supreme Court · Oct 15, 1913

Brown. The deed from Samuel A. Brown to his grantee describes the premises as above, “ to Green street as now opened and worked.” Bach deed in turn employs the same words down to and including that of the plaintiff. … Elliot Roads & Streets (3d ed.), § 168; City of Buffalo v. Delaware, L. & W. R. Co., 39 N. Y. Supp. 4 .

People ex rel. Pahl v. Pollack

174 Misc. 981 · New York Supreme Court · Sep 16, 1940

The court does not impugn the motives of the Board of Pardons of Pennsylvania. But it does question the Board’s ability to deal justly in this case. … (Commonwealth of Pennsylvania v. Warden, 24 Pa. Dist. Ct. 339.)

Joseph Walker & Sons v. Lehigh Coal & Navigation Co.

8 Misc. 2d 1005 · New York Supreme Court · Oct 10, 1957

The board of directors meets regularly every month in Philadelphia. The three board meetings in New York were for the purpose of accommodating the convenience of two of the members. … S. 189 ; Dollar Co. v. Canadian Car & Foundry Co., 220 N. Y. 270 ; J. C. F. Holding Corp. v. General Gas & Elec. Corp., 46 N. Y. S. 2d 605, 614; Hulick v. Petroleum Corp. of America, 198 App. Div. 359 ; Feingold v.

Ellsworth v. Campbell

31 Barb. 134 · New York Supreme Court · Feb 13, 1860

In Denton v. … Lott, Emott and Brown, Justices.]

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.

City of Syracuse v. Penny

59 Misc. 2d 818 · New York Supreme Court · Apr 14, 1969

In support of his position the defendant cites State v. Crawford ( 104 Kan. 141 ); Matter of Fink v. Cole ( 302 N. Y. 216 ); Matter of Lyons v. Prince ( 281 N. Y. 557 ). … In Matter of Lyons v.

Suydam v. Smith

7 Hill & Den. 182 · New York Supreme Court · Apr 15, 1845

It is understood that the judge revoked the order to hold to bail on having his attention called to the case of Brown v. Treat, ( 1 Hill, 225 ,) which was not in his mind at the time the order was made. … It was on that ground that the defendant was discharged from the arrest; and Brown v. Treat , like other cases, should only be considered as settling the question which was necessarily presented for adjudication.

Mid Point Apartments, Inc. v. Town of Poughkeepsie

59 Misc. 2d 846 · New York Supreme Court · May 14, 1969

(Rijek Realty v. Crist, 16 A D 2d 964.) … Yaras v. Kinnaw, 303 N. Y. 224, 229 .)