Case law

Randall v. Cline

73 N.Y. St. Rep. 876 · New York Supreme Court · Jun 23, 1896

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, upon opinion in People v. Randall, 91 Hun. All concur, except BROWN, P. J., not sitting.

Bochman v. Town of Cheektowaga

2 Misc. 3d 966 · New York Supreme Court · Feb 2, 2004

Boards of cooperative educational services are formed under the authority of article 40 of the Education Law. … Bigley Bros., 309 NY 132, 140-143 [1955] [and cases cited there]; Sweet v Board of Educ., 290 NY 73 [1943]).

Cutting v. Damerel

30 N.Y. Sup. Ct. 339 · New York Supreme Court · Dec 15, 1880

(Shellington v. Howland, 67 Barb., 14 ; affirmed, 53 N. Y., 371 .) … (Adderly v. Storm, 6 Hill, 624 ; Rosevelt v. Brown, 1 Kernan, 148 ; Mann v. Currie, 2 Barb., 294 ; Worrall v. Judson, 5 Id., 210 ; Richardson v. Abendroth, 43 Id., 162; Holyoke Bank v. Burnham, 11 Cush., 183 .)

Jackson v. Van Wart

47 Misc. 2d 918 · New York Supreme Court · Sep 10, 1965

However, subdivision 2 of section 104 of the Election Law is only applicable to paper ballots (Matter of Greitzer v. … The rule adopted by the Board of Elections is in accordance with the provisions of subdivision 7 of section 242-a (second) which governs primary elections in New York City. In Matter of Levy v.

465 Greenwich Street Associates, Inc. v. Schmidt

116 Misc. 2d 62 · New York Supreme Court · Oct 18, 1982

The implementation of the law is delegated to a loft board. … Axelrod Co. v Duffin & French, NYLJ, Sept. 3, 1982, p 6, col 1). The plaintiff landlord shall initiate the proceeding before the loft board and the tenants shall co-operate with the board.

Lange v. McGoldrick

173 Misc. 1020 · New York Supreme Court · Jan 29, 1940

The petitioners contend that section 68 of the present charter empowers the board of estimate to abolish positions only when it adopts a Dudget. Although the case of Matter of Rushford v. LaGuardia ( 280 N. … The language of Judge Crane in Matter of Clancy v. Halleran ( 263 N.

Balter v. Empire State Motion Picture Operators Union, Inc.

167 Misc. 430 · New York Supreme Court · Feb 15, 1938

It appears from the papers that, as a member of the union, he was elected to membership on the executive board of the union. … (Blek v. Kirkman, 148 Misc. 522 .) Civil Practice Act, section 1285, subdivision 4 (as added by Laws of 1937, chap. 526) requires the petitioner to exhaust all remedies, by appeal or otherwise, within his union.

People ex rel. Albanese v. Hunt

177 Misc. 151 · New York Supreme Court · Sep 29, 1941

(Frees v. Ford, 6 N. Y. 176 ; People v. Bradner, supra, 8 ; Gilbert v. York, 111 N. Y. 544 ; Thomas v. Harmon, 122 id. 84, 88; Matter of Baker, 173 id. 249, 252.) The case of People v. … Surely the Board would function more successfully if skilled lawyers could present to the Board the other side of the case, leaving of course to the Board the last say.

Lewis v. Bollinger

115 Misc. 221 · New York Supreme Court · Apr 15, 1921

Hugel v. Habel, 132 App. Div. 327 ; Dittenfass v. Horsley, 177 id. 143; affd., 224 N. Y. 560 ; Wadick v. Mace, 191 id. 1; Ide v. Brown, 178 id. 26, 39; Schuyler v. Kirk-Brown Realty Co., 193 App. Div. 269 . … Winslow v. Dundom, 46 Mont. 71, 79-82 ; Simmons v. Zimmerman, 144 Cal. 256, 260 ; Kerr v. Day, 14 Penn. St. 112; Napier v. Darlington, 70 id. 64; Kreutzer v. Lynch, 122 Wis. 474, 478 ; House v.

Straub v. Holbert

145 Misc. 2d 46 · New York Supreme Court · Aug 15, 1989

Center v Moore, 52 NY2d 88, 96 ). … The words "subject to the approval of the town board” refer to the provisions in regard to maintenance, repair and removal, not to the employment of persons (Matter of Hiscox v Holmes, 237 App Div 240 ).

Siccardi v. Ajello

117 Misc. 118 · New York Supreme Court · Nov 15, 1921

Gribbon v. Freel, 93 N. Y. 93, 96 ; Wohlfrath v. National Export Assn., 57 Misc. Rep. 137 ; Sullivan v. Harney, 53 id. 249 ; Spruhn v. Brown, 63 id. 46; Sears v. Sears, 9 Civ. Pro. R. 432; Wiggins v. Richmond, 58 How. … To the same effect is Spruhn v. Brown, supra, where a summons in an action in the City Court of the city of New York was made returnable in two days instead of six. In Sullivan 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.

Ryan v. Kalin

48 Misc. 2d 27 · New York Supreme Court · Jun 3, 1965

Div. 170, 175 ; Matter of Bonacker v. Chuckrow, 166 Misc. 171, 176 ; Matter of Ginsberg v. Heffernan, 186 Misc. 1029, 1034-1035 ).” In Matter of Ginsberg v. … The proper remedy here, where title to office is to be tested, is by a ‘ quo warranto ’ proceeding (Greene v. Knox, 175 N. Y. 432, 437 ; Matter of Ingamells v. Board of Elections of Oswego County, 259 App.

Albany Preparatory Charter School v. City of Albany

10 Misc. 3d 870 · New York Supreme Court · Nov 30, 2005

Schools and churches are deemed to be uses beneficial to the public and zoning boards must make every effort to accommodate such uses (Cornell Univ. v Bagnardi, 68 NY2d 583 [1986]; Matter of Corporation of Presiding Bishop … of Church of Jesus Christ of Latter-Day Sts. v Zoning Bd. of Appeals of Town/Vil. of Harrison, 296 AD2d 460 [2002]).

West v. Van Tuyl

1 N.Y.S. 718 · New York Supreme Court · Jun 15, 1888

The case of the Mayor v. Railroad Co., supra, is clearly distinguished by the court from that of Peck v. Valentine, 94 N Y. 569, cited by the appellant, and in which the same judge wrote the opinion. … It was received like the book in the case of the Mayor v. Railroad Co., not as a book of account, but as an original memoranda.

Sheldon v. Cumming

1 Cow. 168 · New York Supreme Court · Aug 15, 1823

The case of Brown v. Childs, (17 John, 1) settles the practice. The service should have been on the attorney, or his agent, as in ordinary cases; Motion granted.-

Pelton v. Westchester Fire Insurance

20 N.Y. Sup. Ct. 23 · New York Supreme Court · Jan 15, 1878

Co. v. Tyler, 16 Wend., 385 ; Dohn v. Farmers' Ins. Co., 5 Lans., 279; Maher v. Hibernian Ins. Co., 6 Hun, 353 ; Rowley v. Empire Ins. Co., 36 N. Y., 550 ; Owens v. H. P. Ins. Co., 56 id., 565 ; Pitney v. … Brown’s contract of purchase contained, among other things, this provision: “ On failure to perform the contract on the part of Brown, the said Pelton may declare the contract void and retain whatever moneys have been paid

Diamond Asphalt Corp. v. Sander

171 Misc. 2d 879 · New York Supreme Court · Aug 1, 1996

Such determination shall be filed with the procurement policy board and published in the City Record.” (NY City Charter § 313 [b] [2].) In support, petitioners cite Matter of Seabury Constr, Corp. v Department of Envtl. … (Matter of HHM Assocs. v Appleton, supra, 157 Misc 2d, at 770 .) That direction by the court was premised on the transfer of the Board of Estimate’s bypass authority to the Mayor.

Neuman v. Cornwall Central School District

138 Misc. 2d 429 · New York Supreme Court · Feb 2, 1988

In view of the claimed unconstitutionality in "the application of the law” and deprivation of rights, this case was properly brought in. this court (see, Board of Educ. v Rickard, 32 AD2d 135 ; Primps v Board of Educ., 63 … Encounter, Inc., 42 NY2d 475, 479-480 ; Lighthouse Shores v Town of Islip, 41 NY2d 7 , 11; Henry v Suffolk Home Distrib., 118 AD2d 685 ).

Silver v. Farrell

113 Misc. 2d 443 · New York Supreme Court · Jan 24, 1982

Dressel, supra, p 434), and (3) that no adequate remedy at law is available to petitioner (Matter of Burr v Voorhis, 229 NY 382, 387 ; Matter of De Jesus v Armer, 74 AD2d 736, 737 ). … In Matter of Schoenhaar v Irving Air Chute Co.