Case law

Bosi v. New York Herald Co.

33 Misc. 622 · New York Supreme Court · Jan 15, 1901

The defendant, in its newspaper, published the - statements that anarchists were seen at the plaintiff’s restaurant and boarding-house; that the plaintiff’s place of carrying on said business was a resort favored by anarchists … Langdon v. Shearer, 43 App. Div. 607 ; Hallock v. Miller, 2 Barb. 630 ; Shipman v. Burrows, 1 Hall, 442 ; Erwin v. Dezell, 64 Hun, 391 ; Smid v. Bernard, 31 Misc. Rep. 35 ; Zinserling v. Journal Co., 26 id. 593.

In re Sherman

76 Misc. 45 · New York Supreme Court · Mar 15, 1912

Republican & Journal Co. v. Wiggins, 199 N. Y. 382 . Thus it has been held that the determination of a board of health as to the existence of a nuisance is not reviewable by certiorari. People ex rel. Copcutt v. … Board of Health, 140 N. Y. 1 .

Parker v. Rensselaer & Saratoga Railroad

16 Barb. 315 · New York Supreme Court · Jul 4, 1853

The 40th section requires boards to be maintained across each traveled public road or street, containing the words “ B-ailroad crossing. Look out for the cars.” … This question has been decided in this court in Vanderkar v. The Rensselaer and Saratoga Railroad Com pany, ( 13 Barb. 390 .)

Roche v. Fisk

131 Misc. 852 · New York Supreme Court · Apr 14, 1928

Brown, J. … Young v. Collis, 6 App. Div. 467 ; People ex rel. Miller v. Justices, etc., 78 Hun, 334 ; Matter of McDonald, 34 App. Div. 512 ; People ex rel. McDonald v. Lantry, 48 id. 131; Matter of Knapp v. Duffey, 169 id. 794.)

Oswego County Savings Bank v. Town of Genoa

28 Misc. 71 · New York Supreme Court · Jun 15, 1899

Mellen v. Town of Lansing, 19 Blatch. 512; Mellen v. Town of Lansing, 20 Blatch. 278; Thomas v. Town of Lansing, 21 Blatch. 119; Purdy v. Town of Lansing, 128 U. S. 557 ; People ex rel. Akin v. Morgan, 55 N. Y. 587 . … Akin v. Morgan, 55 N.

In re International Ass'n of Machinists

178 Misc. 661 · New York Supreme Court · Jul 2, 1942

(See, also, Erickson v. Macy, 231 N. Y. 86, 91, 92 .) … (Mawhinney v. Millbrook Woolen Mills, supra. See, also, Garcia Sugars Corp. v. New York Coffee & Sugar Exchange, Inc., 7 N. Y. Supp. [2d] 532; Adler v.

In re Vukelic

23 Misc. 2d 509 · New York Supreme Court · May 24, 1960

(Matter of Le Sawyer v. Board of Elections, 207 Misc. 12, 15, 16 .) Sheets containing changes made by another subsequent to the signing by the subscribing witness are deemed fraudulent (Norton v. Power, 135 N. Y. … S. 2d 225, 227), especially the date of the witness’s statement (Matter of Anderson v. Power, 1 A D 2d 603, affd. 1 N Y 2d 868) and the date of signing by each signatory (Matter of Byrnes v. Board of Elections, 134 N.

Stammers v. Macomb

2 Wend. 454 · New York Supreme Court · May 15, 1829

In Metcalf v. Shaw, (3 Campbell, 22,) and Bently v. … The plaintiff has his remedy in equity against the separate estate of the wife by following it in the hands of her trustee. • (1 Ves. 518. 2 Ves. 193. 1 Brown. Ch. 20. 2 P. Wms. 144. 1 Bac.

Stuart v. Village of Lynbrook

169 Misc. 167 · New York Supreme Court · Sep 30, 1938

As said in Stenson v. City of Mt. Vernon ( 104 App. … (Goodrich v. Village of Otego, supra; Cumesky v. Village of Suffern, 179 N. Y. 393, 396 ; Fries v. New York & Harlem R. R. Co., 169 id. 270, 282.) The right to recover therefor was established solely by statute.

Permagon Press, Inc. v. Ross

61 Misc. 2d 479 · New York Supreme Court · Nov 26, 1969

Sherwood v. Wallin, 154 Cal. 735 , 99 P. 191 ; Commonwealth v. Smith, 45 Pa. 59 ; Smith v. Erb, 4 Gill (Md.) 437; 2 Machen, Modern Law of Corporations, p. 2719.” Republic Corp. v. … V. Mosby, a publishing company located in St.

Tabor v. Robinson

36 Barb. 483 · New York Supreme Court · May 12, 1862

By the Oourt, Brown, J. … The cases of Strong v. Taylor, ( 2 Hill, 326 ,) and Tuthill v.

In re Bloomingdale

38 N.Y.S. 162 · New York Supreme Court · Oct 3, 1894

People v. Waters, 4 Misc. Rep. 1 , 23 N. Y. Supp. 691 ; Metropolitan Board of Excise v. Barrie, 34 N. Y. 657 ; Ex parte Persons, 1 Hill, 655 ; People v. Norton, 7 Barb. 477 ; People v. Jones, 54 Barb. 315 ; People v. … People v. Waters, supra; People v. Bennett, 4 Misc. Rep. 10 , 23 N. Y. Supp. 695 .

Gold v. Intersoft Corp.

128 Misc. 2d 198 · New York Supreme Court · Jan 23, 1985

The complaining stockholders must apply to the board of directors for relief before they can bring an action, unless it appears that such an application would be useless. (Continental Sec. Co. v Belmont, 206 NY 7, 19 .) … While the court reaffirmed the grant of absolute immunity in the filing of a claim before a Workers’ Compensation Board (Lipton v Fried *202 man, 2 Misc 2d 165 ), the filing of a complaint before a Grievance Committee of

Schmidt v. Printing Business of Bruen

56 Misc. 130 · New York Supreme Court · Oct 15, 1907

Counsel for the plaintiff insisted that, under the case of Marino v. Lehmaier, 173 N. … Div. 570 ; Sitts v. Waiontha Knitting Co., 94 id. 38. and Dragotta v. Plunkett, 113 id. 648), the certificate is referred to as having been neither obtained nor filed. This conclusion is also in accordance with Lowry v.

In re Ideal Mutual Insurance

18 Misc. 2d 127 · New York Supreme Court · Jul 16, 1959

In the light of the facts hereinbefore stated, the members of Ideal were denied their freedom, to oppose Eyan’s action (see Matter of Wyatt v. Armstrong, 186 Misc. 216 , Hofstadter, J.). … (Rice & Hutchins v. Triplex Shoe Co., 16 Del. Ch. 298, 309 [1929], affd. 17 Del. Ch. 356 .)

Glasser v. City of Buffalo

115 Misc. 88 · New York Supreme Court · Apr 15, 1921

Waddy v. Partridge, 172 N. Y. 305 ; Mahon v. Board of Education, 171 id. 263; Bush v. Board of Supervisors, 159 id. 212. The police pension fund is a public fund. Mahon v. Board of Education, 171 N. Y. 265 . … When the board of trustees of that fund voted an annuity to Mrs.

G. M. L. Land Corp. v. Foley

39 Misc. 2d 770 · New York Supreme Court · Jun 28, 1963

Div. 681 ) and Cohen v. Rosevale Realty Co. ( 121 Misc. 618 , affd. 211 App. Div. 812 ). Neither, of said citations, which stem from the same action, is authority for the position thus taken by respondent board. … Taxpayers v. Board of Stds. & Appeals, 134 N. Y. S. 2d 5).

Obelisk Waterproof Co. v. Cloher

14 Misc. 1 · New York Supreme Court · Mar 15, 1920

People v. Supervisors, 56 Hun, 459, 461 ; Boyce v. Board of Supervisors, 20 Barb. 294 ; People v. Board of Supervisors, 89 App. Div. 152, 155 . … Hasbrouck v. Board of Supervisors, 22 How. Pr. 71 .

People ex rel. Van Valkenburg v. Myers

11 N.Y.S. 217 · New York Supreme Court · Oct 15, 1890

In Costello v. Mayor, 63 N. Y. 48 , the plaintiff had been appointed an additional clerk to the board of aldermen, to be known as the “general clerk, ” and whose duties were to index the proceedings of the board. … In People v. Board, 75 *218 N. Y. 38 , it was held that a public surgeon was a public officer. In Rowland v. Mayor, 44 N. Y. Super. Ct. 559, 83 N.

Trustees of Columbia University v. Herzog

181 Misc. 903 · New York Supreme Court · Dec 24, 1943

S. 2d 650, 653; see Triboro Coach Corp. v. Labor Relations Board, 22 N. Y. S. 2d 1013, 1017-1018, affd. 261 App. Div. 636 , affd. 286 N. Y. 314 ). … (See White v. Boland, 254 App. Div. 356 .) Motion to enforce determination of State Labor Relations Board is granted; motion to set aside its determination denied.