Case law

People ex rel. Economus v. Coakley

110 Misc. 385 · New York Supreme Court · Feb 15, 1920

In Duryee v. Mayor, 96 N. … In the case of City of Hudson v.

Kountze v. Flannagan

19 N.Y.S. 33 · New York Supreme Court · May 13, 1892

This statement of the law is supported by many authorities. *36 See West v. Camden, 135 U. S. 507 , 10 Sup. Ct. Rep. 838; Bliss v. Matteson, 45 N. Y. 22 ; Fuller v. Dame, 18 Pick. 472 ; Guernsey v. … Cook, 120 Mass. 501 ; Duncomb v. Railroad Co., 84 N. Y. 198 , (190;) Hoyle v. Railroad Co., 54 N. Y. 315 . It does not affect the matter that the alleged agreement has been performed' on the part of the plaintiff.

Bloomer Bros. v. Smith

20 Misc. 2d 345 · New York Supreme Court · May 26, 1959

The eases support the company’s contention that the application to the National Labor Relations Board deprives this court of jurisdiction herein and precludes arbitration. (Amalgamated Workers v. Edison Co., 309 U. … The case relied upon by the Union, to wit, Textile Workers v. Lincoln Mills ( 353 U. S. 448 ), is inapposite. The jurisdiction of the National Labor Relations Board was not there invoked.

Ward v. Green

6 Cow. 173 · New York Supreme Court · Aug 15, 1826

The case of Boucher v. Lawson, (Rep. Temp. Hardw. 83, 183, Abb. on Sh. 119, S. … In the case of King v.

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.

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

Jacobs v. Marine Midland Bank, N. A.

124 Misc. 2d 162 · New York Supreme Court · May 7, 1984

School Dist. v Berle, 72 AD2d 25 .) … (Matter of Lockport Union-Sun v Preisch, 7 AD2d 502 , revd on other grounds 8 NY2d 54 ; see Helvering v Reynolds Co., 306 US 110 ; Matter of Gilmore v Preferred Acc. Ins.

Flood v. Monaghan

201 Misc. 560 · New York Supreme Court · Nov 5, 1951

In Gorman v. City of New York (109 N. Y. … In the Bogalin case, the action was one to compel the retirement board to act, and the only question presented was whether the board was bound to grant an application for retirement which was made by á teacher after charges

People ex rel. A. Filkins Hose Co. v. Son

19 N.Y.S. 309 · New York Supreme Court · Jun 1, 1892

fire department pro rata, in proportion to the number of members of said companies as fixed by the board of trustees; and that such resolution has never been rescinded by the board of trustees of the common council of the … all the moneys received or recovered under the first, second, and third sections of chapter 465 of the Laws of 1875, to the fire department of the city or incorporated village in which the department is located, (Trustees 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 .)

McCanless v. Brieant

35 Misc. 2d 1018 · New York Supreme Court · Jun 7, 1962

The import of the petition is that the position of senior clerk was abolished by resolution of the Town Board. As was said by the First Department, Appellate Division, in Montreuil v. Board of Estimate of City of N. … In Matter of Shepherd v.

Riviera Ass'n v. Town of North Hempstead

52 Misc. 2d 575 · New York Supreme Court · Jan 3, 1967

Hempstead, 2 Wend. 109; see Town of Brookhaven v. Smith, 188 N. Y. 74 ), and because only the Town Board and not the “board of trustees ” has been given power of sale over town lands. … That section, which enumerates the general powers of town boards, provides: “ Subject to law and the provisions of this chapter, the town board of every town: * * * 2. * * * may, upon the adoption of a resolution, convey

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.

Sheehan v. Scaringe

121 Misc. 2d 110 · New York Supreme Court · Oct 11, 1983

The requirement to consecutively number the sheets of a petition is mandatory (Matter of Pabian v McNab, 9 Misc 2d 995 , affd 4 AD2d 834 , affd 3 NY2d 888 ; Matter of Nagiel v Laukaitis, 278 NY 696 ) and is intended to prevent … fraud (Matter of De Luca v McNab, 16 NY2d 835 ).

Campbell v. Fine, Clin & Anderson, P. C.

168 Misc. 2d 305 · New York Supreme Court · Apr 26, 1996

Both parties discuss a similar case, in which a defendant’s motion for summary judgment was granted (Davis v Klein, 224 *307 AD2d 196, 198 ). … As to the extent of the retainer agreement, I agree with the observations made by dissenting Justice Sullivan in the Davis v Klein matter.

White v. Thurber

2 Silv. Sup. 119 · New York Supreme Court · Feb 10, 1890

Hays v. Moody, N. Y. City Ct., 1888. The landlord is not liable for repairs done by the tenant upon the demised premises, unless on his special agreement to pay for them. Mumford v. Brown, 6 Cow. 475 ; Moffatt v. … See Mumford v. Brown, 6 Cow. 475 . In the former case, an action was brought for breach of covenant of quiet enjoyment in a lease.

Turner v. Craighead

31 N.Y.S. 369 · New York Supreme Court · Dec 10, 1894

BROWN, P. J. This action was brought to recover damages resulting from being bitten by a dog owned by the appellant, in July, 1893. … Brice v. Bauer, 108 N. Y. 432 , 15 N. E. 695 ; Whart. Neg. § 905; Knowles v. Mulder, 74 Mich. 202 , 41 N. W. 896 . The judgment and order must be affirmed, with costs. All concur.

Feliciano v. Seabrook

New York Supreme Court · Jun 11, 2020

Executive Board approval. … (See Bansbach v Zinn , 1 NY3d 1 [2003]; compare Tap Holdings, LLC v Orix Fin. Corp. , 109 AD3d 167 [1st Dept 2013].)

City of New York v. Casey

15 Misc. 2d 556 · New York Supreme Court · Sep 20, 1958

On November 10,1955, the compensation board rendered a decision on the claim of the employee against plaintiff. … Co. v. Consolidated Edison Co. of N. Y., 1 A D 2d 840; Taylor v. Savoy Ballroom Corp., 3 A D 2d 675). The motion is granted.

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.