Case law

Churchman v. Merritt

4 N.Y.S. 245 · New York Supreme Court · Jan 28, 1889

That the provisions of the Code of Civil Procedure relating to the examination of parties before trial authorize a plaintiff to examine a defendant for this purpose was established by the decision in Glenney v. … Brown, ” as trustee of the plaintiff, upon certain leasehold premises, Ho. 131 William street, in the city of Hew York.

People ex rel. Argus Co. v. Hugo

101 Misc. 481 · New York Supreme Court · Nov 15, 1917

The writ has heretofore been used for the very purpose of reviewing the determination of the state printing board under law not differing in substance from the present. People ex rel. Lyon Co. v. McDonough, 173 N. … Graves v. Sohmer, 207 N. Y. 455 .

In re McLean

6 N.Y.S. 230 · New York Supreme Court · Jul 9, 1889

Bank v. Supervisors, 25 N. Y. 312, 315 ; Baldwin v. City of Buffalo, 35 N. Y. 375, 380 ; People v. Bank, 39 Hun, 525 . … Railroad Co. v. Supervisors, 48 N. Y. 93 ; Mayor, etc., v. Davenport, 92 N. Y. 604, 610, 611 ; McLean v. Jephson, 41 Hun, 479 ; Re McMahon, 67 How. Pr. 113 ; Smyth v. Assurance Co., 35 How. Pr. 126 .

Martone & Son, Inc. v. County of Nassau

42 Misc. 2d 804 · New York Supreme Court · May 1, 1964

In Matter of Dictaphone Corp. v. O’Leary ( 287 N. … Gaskell, Inc. v. Maslanka, 33 Misc 2d 88 .)

Village of Sands Point v. Sands Point Country Day School

2 Misc. 2d 885 · New York Supreme Court · Dec 22, 1955

They, then, could appear at the hearing and present their views to the board either in favor of or in opposition to the regulation. … Previous to May 18, 1953 article V of the ordinance labeled “ Applications and permits ” dealt solely with the erection of new buildings or the alteration of existing buildings.

City or Mount Vernon v. East Hudson Parkway Authority

45 Misc. 2d 471 · New York Supreme Court · Feb 10, 1965

Hosp. v. Johnson ( 9 Misc 2d 73 , mod. on other grounds 5 A D 2d 552, affd. 5 N Y 2d 102); see, also, Matter of Brown v. McMorran ( 42 Misc 2d 211 ); cf. Ontario Knitting Co. v. State of New York ( 205 N. Y. 409 ). … Associates v. Barr, 1 N Y 2d 413, 415; Defiance Milk Prods. Co. v. Du Mond, 309 N. Y. 537, 540-541 ; Wiggins v. Town of Somers, 4 N Y 2d 215, 218-219; 8 N. Y. Jur., Constitutional Law, §§ 59-63; McKinney’s Cons.

Gonzalez v. 17 Murray Street Corp.

189 Misc. 2d 158 · New York Supreme Court · Jul 27, 2001

Co., 279 AD2d 879 ; Mohn v Smith, 271 AD2d 662 ). … However, the Second Department’s decision in Talcove v Buckeye Pipe Line Co. ( 247 AD2d 464 ) is instructive.

Cambareri v. Michaelis

20 Misc. 2d 119 · New York Supreme Court · Oct 8, 1959

By this proceeding under article 78 of the Civil Practice Act, the petitioner seeks to annul a determination of the Board of Zoning Appeals of the Town of Hempstead which refused his application for an area variance. *120 … Y. 614 ); or of a restrictive covenant (Halpin v. Poushter, 59 N. Y. S. 2d 338).

Nitkin v. Administrator of the Health Services Administration

91 Misc. 2d 478 · New York Supreme Court · May 9, 1975

In 1970, the *479 fee was increased from $10 to $25 by the Board of Health. … Moskowitz v Jenkins, 202 NY 53 ).

Broderick v. Marcus

146 Misc. 240 · New York Supreme Court · Jan 9, 1933

The action is one by the Superintendent of Banks pursuant to section 81 of the Banking Law and sections 60 and 61 of the General Corporation Law against various members of the board of directors of the Bank of United States … (See, also, Brennan v. Barnes, 133 Misc. 340 ; Baker v. Baker, 122 id. 757; Wilson v. Brown, 107 id. 167; affd., 190 App. Div. 926 ; Van Schaick v. Alpert, N. Y. L. J. Mar. 16, 1932, per Mr.

Michell v. Flynn

1 Liquor Tax Rep. 118 · New York Supreme Court · Jan 15, 1897

I agree with the reasoning in “Brown v. Hilton, 40 Mass. R. 319” and “Cobb v.

Grace v. Wilson

199 Misc. 738 · New York Supreme Court · Sep 28, 1950

The trustees of this common school district constituted a board for such district and such board is a body corporate *744 (Education Law, § 1601.) … In Sweeney v. City of New York ( 225 N. Y. 271, 275 ), it was said: “ The verb ‘ to file ’ may be used in various senses.

People ex rel. Goetchious v. Follet

24 Misc. 510 · New York Supreme Court · Sep 15, 1898

When the board acted upon, the appointments there was no information before them to the effect that relator sought the position by virtue of his claim as a veteran. Some members of the board knew he was a veteran. … A member of the board presented his name and it was considered among others but did not receive sufficient votes for the appointment.

Helfer v. Amos

159 Misc. 2d 65 · New York Supreme Court · Sep 27, 1993

(Matter of Godzisz v Mohr, 197 AD2d 839 .) … (Matter of Ruiz v Sachs, 43 NY2d 894 [1978].) The acceptance form used substantially complies with the requirements of section 6-146. The Board incorrectly invalidated his petitions based upon the acceptance.

Building a Better New York Committee v. New York State Commission on Government Integrity

138 Misc. 2d 829 · New York Supreme Court · Feb 3, 1988

By correspondence dated January 29, 1988, this court determined that both the New York State Commission on Government Integrity (Commission) and the New York State Board of Elections (State Board) were in default in the underlying … It remains subject to traditional standards applicable to subpoenas and motions to quash (cf., Matter of New York State Dept. of Taxation v New York State Dept. of Law, 58 AD2d 298 ). The petition shall be dismissed.

Wallshein v. Burns

14 Misc. 2d 943 · New York Supreme Court · Sep 18, 1958

Petitioners have instituted a proceeding pursuant to article 78 of the Civil Practice Act to review the action of the respondent Town Board in denying them a special permit to operate a dentist’s office in a residential zone … It has been held that the Town Board is a “ board * * * of the town ’ ’ within the contemplation of the statute (Matter of Tobin v. Waters, 6 Misc 2d 159 ). The decision of the respondent was filed on July 1,1958.

People v. Lane

112 Misc. 2d 514 · New York Supreme Court · Feb 5, 1982

(People v Brown, 45 NY2d 852, 854 .) The operative facts on this application are not in dispute. The defendant was never made aware of her rights under CPL 40.30. … (People v Brown, 7 NY2d 359, 361 , cert den 365 US 821 ; People v Bennett, 29 NY2d 462, 467 ; People v Tomaselli, 7 NY2d 350, 354 .) A stricter standard has since developed.

Hubbell v. McCulloch

47 Barb. 287 · New York Supreme Court · Oct 2, 1866

These cases were all reviewed in the Court of Appeals, in Baldwin v. Brown, ( 16 N. Y. … As I understand the case of Baldwin v. Brown , it lays down the rule exactly the opposite of that of this case, at the circuit. I adopt Baldwin v. Brown , as I understand it, as conclusive of the case before us.

Guiles v. Simser

9 Misc. 3d 1083 · New York Supreme Court · Aug 23, 2005

Gold, 172 AD2d 982, 984 [1991]; Brainard v Brown, 91 AD2d 287 [1983]). … Plan of Greater N.Y., 7 NY2d 931, 932 [1960]; Coopersmith v Gold, supra at 984; LaBrake v Enzien, 167 AD2d 709 [1990]; Brainard v Brown, supra).

Hammitt v. Gaynor

144 N.Y.S. 123 · New York Supreme Court · Mar 14, 1913

Any member of the board of estimate and apportionment is hereby authorized, whenever in his judgment it shall be to the interest of the public service, to recommend to said board the retirement from active service of any … Board of Education, 68 App. Div. 154, 157 , 74 N. Y. Supp. 172 ; Id. 171 N. Y. 263 , 63 N. E. 1107 , 89 Am. St. Rep. 810 . In State v. Ziegenhein, 144 Mo. 283 , 45 S. W. 1099 , 66 Am. St.