Case law

Chalfin v. American Society for the Prevention of Cruelty to Animals

184 Misc. 15 · New York Supreme Court · Jan 22, 1945

of Health of the City, by the resolution in question, declared that a condition dangerous to life and health due to the foci of rabies in dogs existed in the city of New York. *20 In People v. … Knoblauch v.

People v. Gleason

18 Misc. 511 · New York Supreme Court · Nov 15, 1896

It then provides, in respect of cities (§ 12), that “ to insure the bipartisan character of such board or body of election officers,” “ each political party entitled to representation in such board or body ” shall- have the … Van Wyck v. Wheeler, 18 Hun, 540 , Matter of Mitchell, 81 id. 401, and like, cases, are not. applicable.

Kim v. Town of Orangetown

66 Misc. 2d 364 · New York Supreme Court · May 17, 1971

Board of Elections, 5 N Y 2d 66, 69 ; Wiggins v. Town of Somers, supra, pp. 218-219). … Grossman v. Baumgartner, 17 N Y 2d 345, 351-352 ; Matter of Davis v. Board of Elections, 5 N Y 2d 66, 70. Cf. United States ex rel. Williams v. Follette, 313 F. Supp. 269, 273 [S.D.N.Y., 1970]). .

Braunsdorf v. Kelleher

202 Misc. 471 · New York Supreme Court · Feb 13, 1952

(Dowsey v. Village of Kensington, 257 N. Y. 221 ; Ulmer Park Realty Co. v. City of New York, 267 App. Div. 291 ; Vangellow v. City of Rochester, 190 Misc. 128 .) … Vangellow v. City of Rochester, supra, p. 131 .)

Ellsworth v. Campbell

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

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

New York State United Teachers v. State

46 Misc. 3d 250 · New York Supreme Court · Sep 23, 2014

(Matter of Schultz Mgt. v Board of Stds. & Appeals of City of N.Y., 103 AD2d 687 , 689 [1st Dept 1984], citing Sgaglione v Levitt, 37 NY2d 507, 515 [1975].) … (Weinstein v Albright, 261 F3d 127 , 140 [2d Cir 2001] [citation omitted]; see also Brown v Board of Educ., Whitesboro Cent. School Dist., 88 AD2d 184, 186-187 [3d Dept 1982].)

Ungerleider v. One Fifth Avenue Apartment Corp.

164 Misc. 2d 118 · New York Supreme Court · Feb 22, 1995

Subsequently, at a Board meeting held on November 30, 1993, a special litigation committee was established to take *120 action on behalf of the Board and the Cooperative with regard to plaintiff’s complaint. … As to what has been uncovered and the relative weight accorded in evaluating and balancing the several factors and considerations are beyond the scope of judicial concern (Auerbach v Bennett, 47 NY2d, supra, at 634).

Duallo Realty Corp. v. Silver

32 Misc. 2d 539 · New York Supreme Court · Jan 11, 1962

It is now well settled that ‘‘ unnecessary hardship ’ ’, as that term is defined in Matter of Otto v. Steinhilber (supra) need not be shown in an area variance case (Matter of Village of Bronxville v. … Similarly, the doctrine of self-imposed hardship, as enunciated in Matter of Clark v. Board of Zoning Appeals ( 301 N. Y. 86 ), has been limited to apply only to use variance cases (Matter of 293 North Broadway Corp. v.

Myers v. New York Cent. & H. R. Railroad

31 N.Y.S. 153 · New York Supreme Court · Dec 7, 1894

The question whether it is negligence, per se, to board or alight from a moving train propelled by steam, has been considerably discussed, and several times decided, by the courts of this state. In Solomon v. … See, also, Lewis v. Canal Co., 80 Hun. 192 , 30 N. Y. Supp. 28 ; Scully v. Railroad Co., 80 Hun. 197 , 30 N. Y. Supp. 61 .

Sainer v. Affiliated Dress Manufacturers Inc.

168 Misc. 319 · New York Supreme Court · Jul 7, 1938

The registration of such permanent contractor shall be with the Administrative Board. … Assn., v. United Assn. of Dress Mfrs., 151 Misc. 327 .

Norris v. Beyea

15 Barb. 416 · New York Supreme Court · Oct 4, 1852

Morse, Barculo and Brown,, Justices.] … Brown, J. dissented. Decree modified.

Town of Gardiner v. Stanley Orchards, Inc.

105 Misc. 2d 460 · New York Supreme Court · Sep 30, 1980

The Town Board shall reverse a recommendation of the Planning Board with regard to waiver of requirements only by a vote of at least a majority plus one.” … Good summaries of the principles with regard to the constitutionality of consent requirements in zoning enactments can be found in Janas v Town Bd. of Town of Fleming ( 51 AD2d 473, 477-480 , supra) and Bashant v Walter (

Birge v. Berlin Iron Bridge Co.

16 N.Y.S. 596 · New York Supreme Court · Nov 30, 1891

Such being the case, the commissioner of highways was authorized to make the contract with the defendant, as we held in Bridge Co. v. Wagner, (Sup.) 10 N. Y. Supp. 840 . … The powers given to the board of supervisors to authorize and provide for the erection of bridges do not take away the powers vested in the commissioner of highways for that purpose. Huggans v. Riley, 125 N.

Ludlow v. Hackett

18 Johns. 252 · New York Supreme Court · Aug 15, 1820

In Heffernan v. … Brown, we decided, at the last term, that where a defendant obtains a discharge under the act giving relief in cases of imprisonment, the plaintiff might discontinue his suit without costs, in the same manner as if the defendant

King v. Liotti

190 Misc. 672 · New York Supreme Court · Oct 1, 1947

(Heit & Weisenthal, Inc., v. Licht, 218 App. Div. 753 .) This privilege may be claimed at the examination before trial as in the ca^e of an examination at the trial. (Yomato Trading Co. v. … Brown, 27 Hun 248 ; Matter of Siegel v. Crawford, 266 App. Div. 878 , affd. 292 N. Y. 651 .)

Tammaro v. Bruckman

173 Misc. 958 · New York Supreme Court · Nov 27, 1939

(Metropolitan Board of Excise v. Barrie, 34 N. Y. 657, 667 ; People ex rel. Lodes v. Department of Health, 189 id. 187, 192.) … Control Law, § 121; Matter of Calvary Presbyterian Church v. State Liquor Authority, 249 App. Div. 288 ; affd., 275 N. Y. 552 .)

Savarese v. Crosson

150 Misc. 2d 180 · New York Supreme Court · Aug 13, 1991

(Gregory v Ashcroft, 501 US —, —, 115 L Ed 2d 410, 423 , supra.) … (Cf., Sylvia Lake Co. v Northern Ore Co., 242 NY 144 .)

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

Balodis v. Fallwood Park Homes, Inc.

54 Misc. 2d 936 · New York Supreme Court · Oct 3, 1967

After a hearing held by the Board of Zoning Appeals on May 18, 1966, at which plaintiff Olgerts I. … . & Colt. 906; Hecht v. Batcheller, 147 Mass. 335 .) “In Hecht v.

Hastings v. Palmer

20 Wend. 225 · New York Supreme Court · Oct 15, 1838

Whittingham v. Bloxham, 4 Carr. & Payne, 597. Giles v. Powell, 2d id. 259. George v. Radford, 3 id. 464. Brown v. Giles, 1 id. 118. Rex v. Stimpson, 2 id. 415. Knapp v. Hascall, 4 id. 590. Rowe v. … Rex v. Hilditch, 5 Carr. Payne, 299 ; and see Rex v. Findon, 6 id. 317. The rule with its reasons and qualifications, is very well stated by Mr. Justice Mills, in Braydon v.