Case law

Devoy v. Mayor

35 Barb. 264 · New York Supreme Court · Sep 16, 1861

Edward Bouton was appointed clerk of the first district court, by the mayor and board of aldermen, in December, 1857. He performed the duties of the office for three months. … (The People v. Draper, 15 N. Y. Rep. 532 . The People v. Police Board, 19 id. 188.) That such office existed before the adoption of the constitution, is clear.

Jee v. New York Post Co.

176 Misc. 2d 253 · New York Supreme Court · Mar 6, 1998

(Gertz v Robert Welch, Inc., 418 US 323, 332 ; Suozzi v Parente, 202 AD2d 94, 101 .) … The court further noted that although principals must adhere to rules set by the Board of Education and the school board, principals have broad authority over the format of educational programs employed in public schools.

Johnson v. Keesler

138 Misc. 607 · New York Supreme Court · Nov 14, 1930

In order to estop them under the rule laid down in City of Cohoes v. D. & H. Co. ( 134 N. … Except for the reason stated I might hold, under the rule laid down in City of Cohoes v. D. & H. Co.

Wintringham v. Rosenthal

32 N.Y. Sup. Ct. 580 · New York Supreme Court · Dec 15, 1881

If Brown had failed to pay for it, the defendant got no better title than Brown had, but the defendant did not agree to pay the bank anything. The cases cited by plaintiff do not sustain the action. … The case of Rosevelt v. Brown (1 Ker., 148) only holds that as to debts the holder of the stock is a stockholder under the statute. *582 The case of the Rensselaer, etc., Plankroad v. Barton ( 16 N.

Maribu v. Nohowec

161 Misc. 944 · New York Supreme Court · Feb 2, 1937

It is to be kept in mind that the law does not require the board of trustees of a village to award a contract to the lowest bidder *948 where bids are invited. (Matter of Dovell Co., Inc., v. … (Matter of Village of Massena v. St. Lawrence Water Co., 126 Misc. 524 .) In City of Trenton v. State of New Jersey ( 262 U.

In re Medical Action Industries Inc. Shareholders Litigation

48 Misc. 3d 544 · New York Supreme Court · Feb 25, 2015

(Loudon v Archer-Daniels-Midland Co., 700 A2d 135 [Del 1997]; Arnold v Society for Sav. … Indeed, the proxy itself did disclose that the financial advisor and not the Board utilized estimates and projections which it provided for approval to the company’s Board.

Meyerson v. Allen

48 Misc. 2d 461 · New York Supreme Court · Nov 23, 1965

In this decision the said respondent sustained a determination made by the respondent, Board of Examiners of the Board of Education of the City of New York, which body denied petitioner a license as a regular teacher of mathematics … (Matter of Board of Educ. of City of N. Y. v. Allen, 6 N Y 2d 127.)

Len's Amoco, Inc. v. Town of Gates

97 Misc. 2d 900 · New York Supreme Court · Jan 16, 1979

constitutional (see Wiggins v Town of Somers, 4 NY2d 215 ). … (Good Humor Corp. v City of New York, 290 NY 312, 319 .)

Dells, Inc. v. Ossman

15 Misc. 2d 237 · New York Supreme Court · Jul 1, 1958

Delaware & Hudson Canal Co. v. Parker, 117 N. Y. 86 ; Matter of Allen Square Co. v. Krieger, 217 App. Div. 123 ). … Y. 35 ; Richfield Oil Corp. v. City of Syracuse, 287 N. Y. 234 ; Matter of Bierman v. Boyland, 125 N. Y. S. 2d, 86; United States Trust Co. v. Mayor of City of N. Y., 144 N.

Van Rensselaer's Executors v. Roberts

5 Denio 470 · New York Supreme Court · May 15, 1848

(a) Interest was allowable on the rent as was held in Van Rensselaer v. Jewett, decided at the last January term. … If an authority for the point can be needed, I think that principle was ádjudged in Baker v. Stackpole, in the court of errors, (9 Cowen, 420, 436.)

Garside v. City of Cohoes

12 N.Y.S. 192 · New York Supreme Court · Nov 26, 1890

Foot v. Stiles, 57 N. Y. 399 . … (section 1, tit. 9,) the board of education, (section 3, tit. 4,) the board of water commissioners, (Id.,) the board of fire commissioners, (chapter 99, Laws 1879,) and the board of police commissioners, (chapter 692, Laws

In re the Board of Education

18 Misc. 2d 192 · New York Supreme Court · Mar 23, 1959

(Matter of Fletcher, 166 Misc 486 ; Stewart v. Franchetti, 167 App. Div. 541 ; Matter of Scott, 1 Misc 2d 206 .) … (Board of Educ. of Hempstead v. French, 8 Misc 2d 208 ; Matter of Breckwoldt, 176 Misc. 549 ; Matter of Everson, 268 App. Div. 425 ; Matter of Byrne, 71 N. Y. S. 2d 359.)

Giamboi v. Power

26 Misc. 2d 568 · New York Supreme Court · May 21, 1960

The Board of Elections of the City of New York overruled petitioner’s objections. … It has been held that the failure to supply this information is fatal to a petition (Matter of Dorsey v. Cohen, 268 N. Y. 620 ).

People v. Alba

104 Misc. 2d 1095 · New York Supreme Court · Jun 30, 1980

Since the pretext arrest was illegal (Davis v Mississippi, 394 US 721 ), the weapon discovered on his person must be suppressed as the "fruit of the poisonous tree” (Wong Sun v United States, 371 US 471 ; Brown v Illinois … The court is not unaware of the holding in Brown v Texas ( 443 US 47 ), which took cognizance of the expertise of a police officer.

People v. Clark

103 Misc. 2d 498 · New York Supreme Court · Mar 24, 1980

(People v Cunningham, supra.) The defendant has placed great reliance upon the fact that at one point the officer placed his ear on the door, thus turning the door into a sounding board. … People v Brown, 24 NY2d 421 ; People v Cohen, 23 NY2d 674 .)

Langdon v. Town of Webster

182 Misc. 2d 603 · New York Supreme Court · May 12, 1999

Corp. v Board of Trustees, 49 AD2d 461, 464-465 [2d Dept 1975] [the “constitutionality” question only involved whether the local measure conflicted with State statutes as prohibited by the NY Constitution].) … For these reasons, there is no colorable basis to declare the actions of the Town Board “palpably arbitrary” (Matter of Brewster-Mill Park Realty v Town Bd., 17 AD2d, supra, at 469), completely without basis, or to find that

Kenwell v. Lee

142 Misc. 413 · New York Supreme Court · Jan 2, 1932

In Mead v. Turner ( 134 App. … Zerega v. Markvart ( 230 App.

Town of Somers v. Camarco Contractors, Inc.

24 Misc. 2d 673 · New York Supreme Court · Jul 19, 1960

An analysis of Matter of Harbison v. … Thus, the court in Matter of Harbison v.

Libby v. Rosekrans

55 Barb. 202 · New York Supreme Court · Apr 5, 1869

(Brown v. Frost, 10 Paige, 243 . Am. Ins. Co. v. Oakley, 9 id. 259 . McCotter v. Jay, 30 N. Y. Rep. 80. Gould v. Mortimer, 26 How. Pr. 167 .) … (Shedden v. Patrick, 28 Eng. Law & Eq. Rep. 56. Story's Eq.Jur. § 252. Dobson v. Pearce, 2 Kern. 156.)

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.