Case law

First Federal Savings & Loan Ass'n v. Jenkins

109 Misc. 2d 715 · New York Supreme Court · Jul 17, 1981

As this court noted in Meyers v. … In Williams v First Fed.

Phelps v. Bostwick

22 Barb. 314 · New York Supreme Court · Sep 1, 1856

Brown v. Cook, 9 John. 361 . Beardslee v. Richardson, 11 Wend. 25 .) The plaintiff should have been nonsuited, or the question in respect to demand and refusal should have been submitted to the jury.

In re McGovern

180 Misc. 508 · New York Supreme Court · Sep 27, 1943

(Shouts v. Thomas, 116 App. Div. 854 .) … Denney v. Clark, 257 App. Div. 905 .)

People ex rel. Clingan v. Draper

18 N.Y.S. 282 · New York Supreme Court · Mar 15, 1892

People v. Fire Com'rs, 73 N. Y. 437 . … “Willful,” I think, in this statute, means intentional, (Anderson v. How, 116 N. Y. 336 , 22 N. E. Rep. 695;) and the relator certainly intended to disobey the defendant’s order.

Blyn v. Bartlett

84 Misc. 2d 394 · New York Supreme Court · Nov 13, 1975

The Administrative Board, like any administrative agency, must adhere to both procedures mandated by law as well as to its own rules (Matter of English v McCoy, 51 Misc 2d 311 , mod sub nom Matter of Conlon v McCoy on other … Matter of McCoy v Mayor of City of N. Y.

Vroman v. Fish

100 Misc. 613 · New York Supreme Court · Jul 15, 1917

Corscadden v. Howe, 177 N. Y. 499 , is one in many respects like this in its legal application, and holds that the act in question was illegal. It has been cited several times since. Cahill v. Hogan, 180 N. … Co. v. City of Buffalo, 195 id. 286, 302; Willis v. Rochester, 219 id. 433.

Seaman v. Van Rensselaer

10 Barb. 81 · New York Supreme Court · Oct 15, 1850

(Jones v. Lynds, 7 Paige, 303 . 1 Sug. V. P. 278, (204, 6th ed.) Champion v. Brown, 6 John. Ch. 403. 2 Story’s Eq. Jur. § 789. Taylor v. Stibbart, 2 Ves. jun. 439. Winged v. Lefebury, 2 Eq. Ca. Ab. 32. Gay v. … (Swartwout v. Burr, 1 Barb. Sup. C. Rep. 499. 1 Sug. V. & P. 274, 6th ed. 3 Id. 183. Champion v. Brown, 6 John. Ch. Rep. 398. 2 Story's Eq. Jur. 790, 793. Clark v. Hall, 7 Paige, 382 . 3 John. Ch. Rep. 307, 316.)

Reade v. Moss

186 Misc. 156 · New York Supreme Court · Nov 9, 1945

The rezoning does not become legally effective until the resolution of the City Planning Commission has been-filed with the Board of Estimate and thirty days thereafter have elapsed without adverse action by the board in … Robitzek Investing Co. v. Colonial Beacon Oil Co., 265 App. Div. 749, 755 ).

Powers v. La Guardia

181 Misc. 624 · New York Supreme Court · Jul 24, 1943

A contention of like nature was advanced in Matter of Shevlin v. LaGuardia ( 166 Misc. 473, 476 ; mod. on other grounds 254 App. Div. 922 ; affd. as mod. without opinion 279 N. Y. 649 ) and in Matter of Moses v. … (Ferdinand v. Moses, 26 N. Y. S. 2d 382, affd. 262 App. Div. 1001 , and cases there cited.)

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.

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 ).

People ex rel. Crowe v. Peck

88 Misc. 230 · New York Supreme Court · Dec 15, 1914

Hall v. Ford, 127 App. Div. 444 . … My opinion in Matter of Schenectady Illuminating Company v. Board of Supervisors, ante, 226, is urged as an *234 authority here by the relator. In that case Mr.

West Virginia Pulp & Paper Co. v. Peck

104 Misc. 172 · New York Supreme Court · Jul 15, 1918

Smith v. City of Rochester, 92 N. Y. 484 ; Lehigh Valley R. R. Co. v. Canal Board, 146 App. Div. 151, 159 ; affd., 204 N. Y. 473 , 474. … Co. v. Canal Board, 146 App. Div. 151,160-164 ; modified, 204 N. Y. 471, 474 ; Half moon Bridge Co. v. Canal Board, 78 Misc Rep. 284 .

Stockton v. Goodyear Tire & Rubber Co.

124 Misc. 213 · New York Supreme Court · Dec 26, 1924

(Tauza v. Susquehanna Coal Co., 220 N. Y. 259, 268 .) This question must largely be decided by the particular facts in each case. (Pomeroy v. Hocking Valley R. Co., 218 N. Y. 530, 535 ; People’s Tobacco Co. v. … These and the other activities and things, in the language of Pomeroy v. Hocking Valley Railway Co.

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).

Luther v. Clarke

185 Misc. 921 · New York Supreme Court · Oct 10, 1945

(See, also, Matter of Johnston v. Bliss, 175 Misc. 64 ; Matter of Marion, 174 Misc. 897 .) … Div. 773 ; Matter of Johnston v. Bliss, 175 Misc. 64 ). This petition consists of two sheets, bound together, each consecutively numbered.

Brooklyn Central & Jamaica Rail Road v. Brooklyn City Rail Road

33 Barb. 420 · New York Supreme Court · Feb 11, 1861

By the Court, Brown, J. … In the case of Williams v. The New York Central Rail Road Co. (16 N. Y.

Sterns Paper Co. v. Johnson

18 N.Y.S. 490 · New York Supreme Court · Mar 31, 1892

The circumstances under which an attachment will be set aside because of defects in the cause of action are stated by this court in the case of Lowenstein v. Salinger, (Sup.) 17 N. Y. … The same principle is reaffirmed in the case of Brown v. Wigton, 18 N. Y. Supp. 490 , (decided herewith.) The appellant has failed to bring himself within this rule.

Broome County v. New York State Civil Service Commission

73 Misc. 2d 408 · New York Supreme Court · Mar 23, 1973

Matter of Neff v. … The latter statute provides for his appointment by the Board of Supervisors, which shall determine his salary.

Noxon v. City of New Rochelle

63 Misc. 232 · New York Supreme Court · Apr 15, 1909

I do not think that the evidence establishes any snch acquiescence on the part of the plaintiff in the manner of the assessment that it could be found, within the doctrine of Brown v. Otis, 98 App. … Respecting the authority cited, it may be noted that the ease, under the title of Brown v. McKie, went to the Court of Appeals; and that the order of the Appellate Division was there modified ( 185 N.