Case law

City of Poughkeepsie v. Vassar College

35 Misc. 2d 604 · New York Supreme Court · Jun 14, 1961

Lavier v. Hessler, 152 App. Div. 839 ; People ex rel. Van Deren v. Moore, 78 App. Div. 28 ). … Ainslie v. Lounsherry, 275 App. Div. 729 ). When there are conflicting interests, the ordinance must be reasonably construed (City of New Rochelle v. Burke, 288 N. Y. 406 ).

People ex rel. Cronin v. Buttling

31 N.Y.S. 1131 · New York Supreme Court · Jul 15, 1894

Order affirmed on the opinion of Justice Cullen in the case of People v. Jeremiah J. Cronin. Brown, P. J., not sitting.

Bergen v. Mayor of New York

12 N.Y. Sup. Ct. 243 · New York Supreme Court · Aug 15, 1875

court to the Fourth District Police Court at a meeting of the board held on that day. … as a court, he would become one of its necessary attendants, and that seeifis to have been the view entertained of the employment by Judge Folgeb, who delivered the opinion of the Court of Appeals in the case of Sullivan v.

People ex rel. Byrnes v. Green

64 Barb. 162 · New York Supreme Court · Nov 4, 1872

By the act of 1872, (ch. 9,) the board of audit, &c., was created. … The relators claim that the board should pass and allow the claim at the rate adopted by the board of supervisors. Such was not the direction of the statute. • The board was to audit.

Horwitz v. Schwab

130 Misc. 158 · New York Supreme Court · Jul 26, 1927

Del Mar v. St. Louis, etc., R. Co., 47 Hun, 543 ; Matter of Uvalde Asphalt Paving Co., 33 Misc. 699 ; People ex rel. O’ Donnell v. Bermel, 51 id. 75; People ex rel. Melledy v. Shea, No. 2, 73 App. … A board of appeals is provided (§ 27) which has power to review the acts of the said commissioner (§ 28) and affirm, modify or reverse the same, and the decision of said board may be reviewed (§ 28-h) by an order of certiorari

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).

Enos v. Thomas

4 How. Pr. 48 · New York Supreme Court · Jul 15, 1849

In Hough v. … (Leonard v. Vredenburgh, 8 John. 29 ; Hmt v. Brown, 5 Hill, 145 ; Leggett v. Brown, 6 Hill, 639 ; Hall v. Newcomb, 7 Hill, 416 ; Curtis v. Brown , 2 Barb. S. C. Rep. 51; Coddington v. Davis, 1 Comst. 186; Haywood v.

Conway v. Sahm

202 Misc. 519 · New York Supreme Court · Jan 11, 1952

There are many parallels and close analogies in the case of Matter of Block v. Sprague and in the case at bar. … In Matter of Block v.

Barrett v. Munger

201 Misc. 985 · New York Supreme Court · Apr 22, 1952

Early in 1951, the town board of the Town of Cazenovia engaged the services of the J. M. … The cards were then delivered to the board of assessors. The board of assessors consists of three members. During 1951, one of the members, Mr. Hunt, was ill and took little part in the board’s activities.

People ex rel. Osborne v. County Canvassers of Dutchess County

20 N.Y.S. 329 · New York Supreme Court · Feb 15, 1892

This respondent, however, was not a party to the agreement, but the clerk of the board of canvassers. … The whole scheme of the statute was declared by the court of appeals, in People v. State Board of Canvassers, 29 N. E. Rep. 355, intended to secure before the state canvassers the physical presence of the returns.

Mason v. American Theatre Wing, Inc.

165 Misc. 2d 432 · New York Supreme Court · May 22, 1995

(Karnstein v Pewaukee School Bd., 557 F Supp 565, 567 [ED Wis]; see also, Dangler v Yorktown Cent. Schools, 771 F Supp 625 [SD NY].) … Corp., 75 NY2d 530 [corporate co-op board action]; Susan M. v New York Law School, 76 NY2d 241 [private law school]) and has been applied by at least one court in a dispute over whether a film warranted the "X” rating assigned

William H. Van Vleck, Inc. v. Klein

50 Misc. 2d 622 · New York Supreme Court · Jun 16, 1966

Y. 44, 54 ; Levins v. Bucholtz, 2 A D 2d 351.) … If anything, this argument highlights the weakness of respondents’ position because the local board unanimously disapproved of the application.

MacIntyre v. Fruchter

148 N.Y.S. 786 · New York Supreme Court · Jul 23, 1914

Nealon v. Frisbie, 11 Misc. Rep. 12 , 31 N. Y. Supp. 856 ; Phillipe v. Baldwin, 8 Wkly. Dig. 194 ; Schurick v. … In the case of Kenworthy v. Brown, 45 Misc. Rep. 292 , 92 N. Y. Supp. 34 , the language was: “You are only a low woman. You are a half negress.”

Wildey v. McElligott

167 Misc. 101 · New York Supreme Court · Mar 5, 1938

, and the board of underwriters. … (City of New York v. New York City R. Co., 193 N. Y. 543, 549 .)

Bobandal Realties Inc. v. Worthington

39 Misc. 2d 756 · New York Supreme Court · Jun 25, 1963

Petitioner is not required first to apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals has no power to hear or determine a question affecting the constitutionality of the Zoning Ordinance. … ordinance (Shepherd v.

Bee Line, Inc. v. Nickerson

60 Misc. 2d 931 · New York Supreme Court · Sep 4, 1969

Forum v. New York City Tr. Auth., 4 A D 2d 117, 123; Village of Fort Edward v. Fish, 156 N. Y. 363 ; City of New York v. Maltbie, 274 N. Y. 90, 98 .) As was said in City of Buffalo v. Stevenson ( 207 N. … City of New York v. Nixon, 229 N.

Avella v. Batt

6 Misc. 3d 158 · New York Supreme Court · Oct 14, 2004

of Elections; and the Albany County Board of Elections. … Matter of Koppell v Garcia, supra; Matter of Swarts v Mahoney, supra).

Savage v. City of Buffalo

14 N.Y.S. 101 · New York Supreme Court · Apr 16, 1891

Stebbins v. Kay, 123 N. Y. 31 , 25 N. E. Rep. 207; Merritt v. Village of Portchester, 71 N. Y. 309; Angel v. Town of Hume, 17 Hun, 374. … Where the board of officers materially depart from the authority delegated, they act without jurisdiction, (Cagwin v. Town of Hancock, 84 N. Y. 532 ,) and a right of action is vested in the persons injured, (Hassen v.

Hairston v. Model Cities Agency of New York

66 Misc. 2d 443 · New York Supreme Court · May 10, 1971

Again, in the case of North City Area-Wide Council v. … Moreover, the court finds that the nomination procedures and the selection processes are all in accord with legal precedent (see Dusch v. Davis, supra ; Sailors v. Board of Educ., supra ; Matter of O’Rourke v.

In re the Petition for the Appointment of an Umpire in the Arbitration between American Home Assurance Co. & Clearwater Insurance

39 Misc. 3d 184 · New York Supreme Court · Jan 15, 2013

Co. v Clearwater Ins. Co. … In Stevens v Brown (82 NC 460, 461 [1880]), the Supreme Court of North Carolina stated, “It matters not at what time during the progress of an arbitration the umpire is appointed.