Case law

People v. Rolison

141 Misc. 2d 318 · New York Supreme Court · Sep 8, 1988

In forwarding this argument, defendant seeks to extend the reasoning of People v Brown ( 140 AD2d 266 [1st Dept 1988]). … I find, however, that the holding in People v Brown (supra) is inapposite to the facts at hand. It is distinguishable on its face because it addresses statements notice and not identification.

Bullard v. Village of Albion

128 Misc. 292 · New York Supreme Court · Oct 4, 1926

(Nicoll v. New York & Erie R. R. Co., 12 N. Y. 121,130 ; Booth v. Baptist Church of Christ, 126 id. 215 ; Fowler v. Coates, 128 App. Div. 381, 384 .) … McKinstry v.

Schunemann v. Paradise

46 How. Pr. 426 · New York Supreme Court · Sep 15, 1873

The discharge of this defendant is urged on the ground of infancy, and the counsel relies on the case of Brown agt. … In Eckstein v. Frank ( 1 Daly, 334 ), a similar view of the law was adopted in the common pleas, and Daly, P.

Nanuet Fire Engine Co. No. 1, Inc. v. Amster

177 Misc. 2d 296 · New York Supreme Court · Jun 11, 1998

Under Town Law § 170, the town board of any town may establish a fire district. … Hongisto v Mercure, 72 AD2d 850 ); State urban development corporations (Floyd v New York State Urban Dev.

In re the Election of Directors of the FDR-Woodrow Wilson Democrats, Inc.

57 Misc. 2d 743 · New York Supreme Court · May 16, 1968

meaning the Board of Directors] to set a date for continuing this meeting no later than three weeks from today’s date. … Matter of Melloh v. Beattie, 17 Misc 2d 902 ).

People v. Lewis

138 Misc. 2d 822 · New York Supreme Court · Feb 11, 1988

(People v Scarbrough, 105 AD2d 1107, 1109 [Boomer, J., dissenting opn], revd 66 NY2d 673 [per dissenting opn]; see also, People v Brown, 54 AD2d 719 .) … All parties having failed to act in accordance with the statute’s mandatory provisions, the sentence was invalid as a matter of law (People v Brown, supra), and must be set aside.

Berma Management Corp. v. 140 W. 42nd St. Realty, Inc.

21 Misc. 2d 571 · New York Supreme Court · Feb 29, 1960

Kardwheel Corp. v. Karper, 1 Misc 2d 707 ), this action is found to be properly brought and maintained by the plaintiff corporation. (West View Hills v. … Lizau Realty Corp., 6 N Y 2d 344; Matter of Paloma Frocks [Shamokin Sportswear Corp.], 3 N Y 2d 572; Rothman & Schneider v. Beckerman, 2 N Y 2d 493.) The case of Sterling Ind. v. Ball Bearing Pen Corp. ( 298 N.

In re Bernheimer

4 Misc. 2d 503 · New York Supreme Court · Mar 8, 1943

under consideration, was finally authorized by the Board of Estimate and title to this and other damage parcels vested in the city February 9, 1942. … (Twyeffort v. Unexcelled Mfg. Co., 263 N. Y. 6 ; Hardin v. Morgan Lithograph Co., 247 N. Y. 332 ; Potter v. New York Infant Asylum, 44 Hun 367 , affd. without opinion 118 N. Y. 684 ; Elblum Holding Corp. v.

People ex rel. Pierce v. Cassidy

28 Misc. 589 · New York Supreme Court · Jul 15, 1899

In contending that they were entitled to be separately heard on the original application, the respondents overlook the fact that the writ was not directed to them as individuals, but to a board, of which they are members,

People ex rel. Kelly v. Scott

84 N.Y. Sup. Ct. 611 · New York Supreme Court · Apr 15, 1894

Canandaigua Water Works Co. v. Village of Canandaigua

97 N.Y. Sup. Ct. 605 · New York Supreme Court · Oct 15, 1895

Town of Henrietta v. Fairchild

53 Misc. 2d 862 · New York Supreme Court · Feb 17, 1967

And we do not mean to suggest the word “ family ” in its broad sense may not include persons boarding or lodging in the house. (Kalb v. Mayer, 164 App. Div. 577 .) … (Westchester County S.P.C.A. v. Mengel, 292 N. Y. 121 .)

People ex rel. Bradshaw v. Bidelman

23 N.Y.S. 954 · New York Supreme Court · Jun 23, 1893

In the case of People v. Board of County Canvassers of Onondaga Co., 129 N. Y. 395 , 29 N. E. … People v. Cook, 14 Barb. 259 , affirmed 8 N. Y. 67 ; People v. Board of Canvassers of Chemung Co., 126 N. Y. 392 , 27 N. E. Rep. 792.

Evadan Realty Corp. v. Patterson

192 Misc. 850 · New York Supreme Court · Mar 23, 1948

Section 67, however, lodges the city’s power to fix salaries in the board of estimate. The agreements under consideration were approved by the board of *855 estimate. … Central Trust Co. v. Prendergast, 202 N. Y. 188, 197-198 ; Matter of Borup, 182 N. Y. 222, 226 ; Matter of Mahon v. Board of Education of the City of New York, 171 N. Y. 263, 266-267 ; Matter of Carr v. Roesch, 231 App.

In re Herman

177 Misc. 276 · New York Supreme Court · Sep 8, 1941

Y., the board of education of union free school district No. 1 of the town of Franklinville, the board of education of the town of Farmersville, the appointing board of trustees of Ten Broeck Free Academy, and the Attorney-General … (Sherman v. Richmond Hose Co., 230 N. Y. 462 ; Trustees of Sailors’ Snug Harbor v. Carmody, 158 App. Div. 738 ; affd., 211 N. Y. 285 .) The opinion of the Court of Appeals in the Richmond Hose case by Andrews, J.

In re Delehanty

202 Misc. 40 · New York Supreme Court · Aug 20, 1952

Helvering v. Mitchell, 303 U. S. 391 ; Life & Casualty Co. v. McCray, 291 U. S. 566 ; Matter of Rouss, 221 N. Y. 81 ; Bowles v. Seitz, 62 F. Supp. 773 ; Perkins Oil Well Cementing Co. v. Owen, 293 Fed. 759 ; Levy v. … Garner v. Los Angeles Board, 341 U. S. 716 ; Adler v. Board of Education, 342 U. S. 485 ; Matter of Goldway v. Board of Higher Educ. of City of N. Y., 178 Misc. 1023 ).

Samson United Corp. v. Dover Manufacturing Co.

139 Misc. 312 · New York Supreme Court · Feb 13, 1931

Div. 822 ), or affect his “ standing, honesty and reliability ” in business (Brown v. Tregoe, 236 N. Y. 497 ), are libelous per se. … (Brown v. Tregoe, supra.)

Genesee Telephone Co. v. Szmigel

174 Misc. 2d 567 · New York Supreme Court · Feb 6, 1997

New York law requires the applicant to comply with the standards set forth in Matter of Consolidated Edison Co. v Hoffman ( 43 NY2d 598 [1978]) and Matter of Cellular Tel. Co. v Rosenberg ( 82 NY2d 364 [1993]). … Note that to the extent the area variance calls for the Board to use the weighing analysis of the health, safety and welfare of the neighborhood or community against the benefit to the applicant (Matter of Sasso v Osgood,

People ex rel. Atkins v. Snyder

10 How. Pr. 143 · New York Supreme Court · Sep 15, 1854

Were the relators sued “in consequence of any act by them performed by direction of the district, or any act performed by virtue "of or under color of their office V If they were, they had a right to present their claim to … the board of supervisors in the manner prescribed in. the second section of the act of 1847.

Uterhart v. Comptroller of Nassau County

144 Misc. 188 · New York Supreme Court · Jan 28, 1927

The board of supervisors, by resolution, have made the charges for such defense a county charge by a unanimous vote of the board, but the respondent, the county treasurer, refuses to audit the claim for the reason, as he … doubt that it was within the contemplation of the statute that a county officer, who successfully defended himself against a criminal charge, should have the expenses for such defense borne by the county (Matter of Kane v.