Case law

Weiner v. Weaver

10 Misc. 2d 643 · New York Supreme Court · Oct 1, 1957

The case of Matter of Fiesta Realty Corp. v. McGoldrick ( 284 App. Div. 551 ) is controlling here. The reversal by the Court of Appeals ( 308 N. … up, than the number which existed before the boarding up, the Appellate Division holding- in the Fiesta case ( 284 App.

Levy v. Makowski

75 Misc. 2d 628 · New York Supreme Court · Oct 1, 1973

Miller, 38 A D 2d 174; Matter of Policemen’s Benevolent Assn. of Westchester County v. Board of Trustees of Vil. of Croton-on-Hudson, 21 A D 2d 693; Matter of Werfel v. Fitzgerald, 23 A D 2d 306.) … (Judd v. Board of Educ. of Union Free School Dist. No. 2 of Town of Hempstead, 278 N. Y. 200, 216 , mot. for lv. to rearg. den. 278 N. Y. 712 .)

Knights of Columbus v. Weaver

121 Misc. 2d 914 · New York Supreme Court · Dec 6, 1983

Additionally, petitioners have alleged generally acceptable grounds for challenging the propriety of a decision by a zoning board of appeals, namely, property depreciation and traffic congestion (e.g., Daly v Eagan, 77 Misc … 2d 279 ; Matter of Mueller v Anderson, 60 Misc 2d 568 ).

Byrnes v. Rayner

32 N.Y.S. 542 · New York Supreme Court · Feb 12, 1895

In Travis v. Lee (Sup.) 11 N. Y. … In Maxon v. Scott, 55 N.

Kronovet v. Baldwin

51 Misc. 2d 27 · New York Supreme Court · Jul 26, 1966

On the merits the determination of the board is annulled and the matter remanded to the board for further proceedings not inconsistent herewith. … On the record before the board, denial of the individual setback variances was not improper, but petitioners had shown themselves to be entitled to “ a reasonable variance ” (Matter of Richards v.

Village of Herkimer v. Potter

124 Misc. 57 · New York Supreme Court · Nov 26, 1924

Lieberman v. Vandecarr, 175 N. Y. 440, 444 ; affd., 199 U. S. 552 ; Polinsky v. People, 73 N. Y. 65 ; People ex rel. Schulz v. Hamilton, 188 App. Div. 783 ; Mannix v. Frost, 100 Misc. 36, 45 ; affd., 181 App. … Any reasonable condition may be imposed by the local health board as a condition precedent to the issuing of the permit. (People ex rel. Shelter v. Owen, 66 Misc. 24 .)

Mishkin v. Roreck

202 Misc. 653 · New York Supreme Court · Jul 28, 1952

In 1920, the slander action of Villemin v. Brown ( 193 App. … In each instance, without analysis, the courts (both First Department) followed Villemin v. Brown (supra). The case of Harris v. New York, W. & B. Ry. Co. ( 244 App.

Mott v. Robbins

1 Hill & Den. 21 · New York Supreme Court · Jan 15, 1841

The sheriff has authority *22 to appoint deputies, (1 id. 379, §73;) but there is no law regulating the amount of compensation which the deputy shall receive, as was the case in Tappan v. Brown, ( 9 Wendell, 175 .) … Brown, ( 9 Wendell, 175 ,) a part of the fees belonged by law to the deputy.

Moore v. Moreschi

179 Misc. 475 · New York Supreme Court · Apr 28, 1942

About June 5, 1939, the plaintiff local and others instituted an áction in the Supreme Court of this county (Gallagher v. … Returning to the decisions of Justices Collins and Steuer in Gallagher v.

Drummond v. Kern

176 Misc. 669 · New York Supreme Court · Mar 27, 1941

(Photo-Engravers Board of Trade of New York, Inc., v. Addison, 145 Misc. 479 [App. Term, First Dept. 1932]; affd., 239 App. Div. 827 [1933]; Standard Engraving Co., Inc., v. … There is no similarity between this case and Palmer v. Board of Education ( 276 N.

Bernstein v. Nelson

124 Misc. 2d 287 · New York Supreme Court · Aug 20, 1984

The board is charged with notice of the documents in its possession. … Further, these insertions were designed to avoid invalidation of the petition through a failure to provide the information inserted (Matter of Berry v Dodd, 38 NY2d 995 ; Matter of Honig v Board of Elections, 38 NY2d 995

Hilltop Village Cooperative No. 4, Inc. v. Wolman

13 Misc. 2d 753 · New York Supreme Court · Jan 17, 1957

the rights of the plaintiff and the defendants, two of its stockholders and occupants of apartments as such, in one of the apartment buildings owned by the plaintiff with respect to a resolution passed by the plaintiff’s board … directors of their business judgment not amounting in any sense to fraud or conduct so oppressive as to be the ■equivalent of fraud and warrant judicial interference with the internal management of a corporation (Herlart Inc. v.

People ex rel. Benjamin v. Hillhouse

1 Lans. 87 · New York Supreme Court · May 15, 1869

It is insisted by the board here, that the whole action of the comptroller was void, because he had no authority to appoint a referee to take the proof. I think the objection without force. … Whatever may have been regarded as the law, up to the decision of the two cases of The People v. The Board of Police ( 39 N. Y., 506 ), and The People v. The Board of Assessors of Brooklyn ( 39 N.

Bengue v. American Pharmaceutical Co.

155 Misc. 602 · New York Supreme Court · May 18, 1935

In 1928 the plaintiffs unfurled the slogan: “ Always ask for the genuine in the brown and white box.” … (Coca Cola Co, v. Boas, 27 F. [2d] 756; Thum Co. v. Dickinson, 245 Fed. 609 ; Denver Chemical Mfg. Co, v. Lilley, 216 id, 869; McLean v. Fleming, 96 U. S. 245 ; Dutton & Co. v. Cupples, 117 App. Div. 172 .)

Rotheim v. Patterson

172 Misc. 353 · New York Supreme Court · Oct 9, 1939

And as was said by the Court of Appeals in Palmer v. Board of Education ( 276 N. … Hannan v. Board of Health, 153 N. Y. 513 .) ” The recent case of Matter of Gainey v. Village of Depew ( 257 App.

Meierdiercks v. Blauner

181 Misc. 152 · New York Supreme Court · Apr 27, 1943

As was said in Teller v. … (Schumer v.

Kennedy v. Hall

51 Misc. 78 · New York Supreme Court · Jun 15, 1906

Tishman v. Acritelli, 111 App. Div. 237 ; Schenkein v. Horowitz, 51 Misc. Rep. 80 . … Browning, 109 App. Div. 588 .

Chonin v. Millspaugh

13 Misc. 2d 841 · New York Supreme Court · Oct 3, 1958

(Matter of Hughes v. Harrer, supra; Matter of Bruno v. Meisser, supra; Matter of Haskell v. … (Matter of Bennett v. Board of Elections of County of Onondaga, 10 Misc 2d 804 .)

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.

Wilson v. Boerum

1 Ant. N.P. Cas. 239 · New York Supreme Court · Jul 1, 1816

The court being of opinion that the declarations of Brown, ought not to have been received in evidence. … Clymer v. Little, 3 Burr. 1244; I W. Bl. 345; and Aveson v.