Case law

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

In re the Arbitration between Depew Union Free School District & Depew Teachers Organization

98 Misc. 2d 85 · New York Supreme Court · Feb 8, 1979

Syracuse Teachers Assn. v Board of Educ. ( 35 NY2d 743, 744 ). … (See Board of Educ. v Associated Teachers of Huntington, 30 NY2d 122, 127 .) The court finds that it did not.

Lazar v. Knolls Cooperative Section No. 2 Inc.

205 Misc. 748 · New York Supreme Court · Mar 9, 1954

Although there is dictum in Gordon v. Elliman (280 App. Div. 655 ), which appears to sweep away the distinction between a representative and a derivative action, it is my opinion that such distinction exists. … That is for the stockholders or for a board of directors elected by them to determine.

Blanchard v. Isaacs

3 Barb. 388 · New York Supreme Court · Jul 3, 1848

(Orange County Bank v. Brown, 9 Wend. 85 . Pardee v. Drew, 25 Id. 459. Hawkins v. Hoffman, 6 Hill, 586 .) … In the case of Middleton v. Fowler (1 Salk. 282,) it was ruled by Holt, Ch.

In re the Arbitration between the Town of Wallkill Unit & Town of Wallkill

85 Misc. 2d 1076 · New York Supreme Court · Aug 1, 1975

Board of Educ., Union Free School Dist. … (Board of Educ., Somers Cent. School Dist. v Somers Faculty Assn., 48 AD2d 873, 874 .) Accordingly, the decision and order of this court is vacated and the relief sought by the petitioners is granted.

Weed & Weed v. Saratoga & Schenectady Railroad

19 Wend. 533 · New York Supreme Court · Jul 15, 1838

Bank v. Brown, 9 Wend. 85, 115 . Story on Bailm. 362, § 567. Id. 360, § 565. … J. in the late case of the Orange Bank v. Brown, 3 Wend. 158 .

Jordan v. Hammock

109 Misc. 2d 1052 · New York Supreme Court · Jul 14, 1981

(Public Officers law, § 87; Matter of Fink v Lefkowitz, 47 NY2d 567 .) The burden of establishing the exemption falls upon the agency opposing disclosure. (Matter of Doolan v Board of Coop. … (Matter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575 .)

Moore v. Hitchcock

4 Wend. 292 · New York Supreme Court · May 15, 1830

To ascertain whether a witness is interested, this court, in Van Ness v. Terhune, ( 3 Johns. … This court has established a rule for such cases in The Trustees of Lansingburgh v. Willard, (8 Johns. R. 428.)

Agresti v. Buscemi

51 Misc. 2d 474 · New York Supreme Court · Sep 9, 1966

Juddson v. Board of Educ., City of N. Y., 255 App. Div. 1024 ; Education Law, § 3101, subd. 2). … Matter of Gunthorpe v. Board of Educ.. Union Free School Dist. #5, 41 Misc 2d 757 ; Matter of Monan v. Board of Educ., City of Buffalo, 280 App.

Beard v. City of Brooklyn

31 Barb. 142 · New York Supreme Court · Feb 13, 1859

By the Court, Brown, J. … Lott, Emott and Brown, Justices.]

People ex rel. Hillman v. Scholers

42 Misc. 355 · New York Supreme Court · Jan 15, 1904

It is quite true that the Appellate Division, in Matter of Shaughnessy v. Fornes, 73 App. … Berlinger v. Wells, 85 App.

Dentom Transportation, Inc. v. New York City Human Resources Administration

155 Misc. 2d 31 · New York Supreme Court · Jul 20, 1992

Here, petitioner had a burden to present evidence of its responsibility and failed to do so (see, Matter of Dellwood Foods v Board of Educ., 97 Misc 2d 751 [Sup Ct, Westchester County 1978]). … Y. ( 61 AD2d 187 [2d Dept 1978]) and Robinson v City of New York ( 24 AD2d 260 [1st Dept 1965]) have nothing to do with contracts; Eden v Board of Trustees ( 49 AD2d 277 [2d Dept 1975]) was concerned with the extraordinary

James v. Cowing

24 N.Y. Sup. Ct. 256 · New York Supreme Court · Mar 15, 1879

(Litchfield v. White, 7 N. Y., 438 ; People v. Worton, 9 id, 176.) Though not responsible for loss while acting in good faith and without fraud, (Thompson v. Brown, 4 Johns. Ch., 619 ; Brown v. … (Van Dyke v. Maguire, 57 N. Y., 429 ; Robbins v. Codman, 4 E. D. Smith, 315.)

Smith v. Sullivan

38 Misc. 3d 727 · New York Supreme Court · Dec 11, 2012

(Matter of Mondello v Nassau County Bd. of Elections, 6 AD3d 18, 25 [2d Dept 2004] [emphasis added], quoting Matter of Scanlon v Savago, 160 AD2d 1162, 1163 [3d Dept 1990] [citations omitted].) … (Matter of Gross v Albany County Bd. of Elections, 10 AD3d 476, 479 [3d Dept 2004], affd 3 NY3d 251 [2004]; Matter of St. John v Board of Elections of County of Albany, 145 Misc 2d 324 [Sup Ct, Albany County 1989].)

Haspil v. Church of St. Cyril

128 Misc. 2d 968 · New York Supreme Court · Jun 10, 1985

Several jurisdictions have adopted the joinder of actions requirement between the impaired spouse and the deprived spouse (Brown v Metzger, 104 Ill 2d 30, 470 NE2d 302 [1984]; Rosander v Copco Steel & Eng. … There are a growing number of jurisdictions, although preferring joinder, that will permit a separate and independent cause of action for loss of consortium (Brown v Metzger, supra; Whittlesey v Miller, 572 SW2d 665 [Tex

Nimbler v. Felber

111 Misc. 2d 867 · New York Supreme Court · Dec 2, 1981

McCollum v Board of Educ., 333 US 203, 212 ), and the First Amendment was intended to prevent “a union of government and religion [that] tends to destroy government and to degrade religion” (Engel v Vitale, 370 US 421, 431 … As the court said in Hayes v Board of Trustees of Holy Trinity Baptist Church of Amityville ( 225 NYS2d 316 , 320): “The office of pastor of a congregation is one of dignity, reverence and esteem.

De Vito v. McMurray

64 Misc. 2d 23 · New York Supreme Court · May 21, 1970

(Matter of Lakeland Water Dist. v. Onondaga County Water Auth., 24 N Y 2d 400.) … (Matter of Lesser v. Board of Educ. of City of N. Y., 18 A D 2d 388, 390.)

People ex rel. Keech v. Thompson

33 N.Y. Sup. Ct. 28 · New York Supreme Court · Dec 15, 1881

The Mayor v. Nichols ( 79 N. … Folk v. The Board of Police ( 69 N. Y., 409 ), in which the chief of police was removed for alleged incapacity.

Ryan v. Cortwright

95 Misc. 2d 709 · New York Supreme Court · Aug 17, 1978

This misdescription has been held to be a mere misnomer, and constitutes substantial compliance with the requirements of the statute (Matter of Gray v Power, 30 AD2d 685 , affd 22 NY2d 777 ). … The objections filed by the intervenor are hereby found to be without merit; the determination of the Board of Elections dated August 8, 1978 is reversed, and the board is directed to receive and file the petition and grant

Mattson v. Jarmag Realty Corp.

203 Misc. 375 · New York Supreme Court · Jul 21, 1952

Perhaps it would rather institute or defend proceedings before the Labor Relations Board. … (Maguire v. Ardea Realty Corp., 279 App. Div. 904 ) Settle order.