Case law

Marshak v. City of Long Beach

195 Misc. 125 · New York Supreme Court · Jul 7, 1948

(Chayt v. Board of Zoning Appeals of Baltimore City, 177 Md. 426 .) The right to a nonconforming use of the premises seems not to have been abandoned prior to the opening of the canteen. … Wohl v. Leo, 109 Misc. 448 , affd. 201 App. Div. 857 ). One further fact deserves consideration.

Dempsey v. Great Atlantic & Pacific Tea Co.

24 Misc. 2d 98 · New York Supreme Court · Mar 21, 1960

Paching Co. v. … In Newsday v.

Federation of New York State Rifle & Pistol Clubs, Inc. v. McGuire

101 Misc. 2d 104 · New York Supreme Court · Jul 26, 1979

Y., 281 NY 627 , affg 256 App Div 444 ; Matter of Krapp v Kern, 255 App Div 305 ; Matter of Mandell v Purcell, 54 AD2d 935 ; Zaharko v Goodman, 51 AD2d 754 ; Matter of Reddick v Board of Regents of Univ. of State of N. … Assn. v Board of Educ. ( 39 NY2d 111, 120, 121 ): "Budget cuts imposed upon the board by the city had to be met by sharply curtailed expenditures * * * As long as the act was within the power of the city board, which it was

United States Trust Co. v. Town of Ramapo

168 Misc. 2d 931 · New York Supreme Court · Jul 3, 1996

The application was denied and Bobov thereafter appealed to the Town Zoning Board of Appeals for a variance, advising the Zoning Board that the existing building would have to be demolished. … Central Hanover Trust Co., 339 US 306, 314 ; see also, Greene v Lindsey, 456 US 444 ; Schroeder v City of New York, 371 US 208 ; Walker v Hutchinson City, 352 US 112 ).

Long Island Rail Road v. City School District of City of Long Beach

4 Misc. 2d 243 · New York Supreme Court · Mar 14, 1956

The board also issued apportioned tax bills for county and State taxes in arrears and school taxes in arrears beginning in 1951-52. … under article 13 of the Tax Law is binding on the school board.

Doe v. Roe

155 Misc. 2d 392 · New York Supreme Court · Sep 11, 1992

First, no such application for a court order was made by the Pennsylvania Workers’ Compensation Board. … These records were to be utilized by the Compensation Board only to investigate, evaluate and determine plaintiff’s own pending claims (cf, Rea v Pardo, supra, at 445).

People ex rel. Victoria v. Fay

36 Misc. 2d 376 · New York Supreme Court · Oct 3, 1962

This “ reformatory sentence ” is an indefinite sentence in that the prisoner may be released at any time at the discretion of the Board of Parole but in no event can the confinement exceed five years (see People v. … Clemente v. Warden of Auburn Prison, 9 N Y 2d 216).

McWilliams v. Jewett

14 Misc. 491 · New York Supreme Court · Nov 15, 1895

Even if the board of railroád commissioners refuse to grant the requisite certificate, the corporation does .not thereby becomenfunchesofficio. … Co. v. B., H. T. & ,W. Ry. Co., 86 N. Y. 107,122 .; Thomas v. M. M. P.

Cochran v. Levy

175 Misc. 666 · New York Supreme Court · Dec 31, 1940

This Special Term has said before this (Matter of Liebman v. … (See, also, the discussion of this question by this court in Laderburg v. Graves, Albany Special Term, Jan. 19, 1938, not reported.)

People ex rel. Alamo v. Reid

111 Misc. 2d 393 · New York Supreme Court · Oct 6, 1981

That denial of parole was the subject of an administrative appeal which affirmed the decision of the Parole Board. … Having been granted parole, relator had a legitimate expectation of liberty (Drayton v McCall, 584 F2d 1208).

People v. Sperry

50 Barb. 170 · New York Supreme Court · Sep 9, 1867

City of New York v. Milne, 11 Peters, 102 .) … This point was expressly decided in Steamship Co. v. Joliffe, (2 Wallace, 450.)

Grasser v. Graham

97 Misc. 2d 417 · New York Supreme Court · Dec 19, 1978

In 1975 the respondent, Assessment Review Board of the Town of Amherst, New York, assessed the three Ransom Oaks Facilities parcels. Petitioner’s protest of the assessment was processed and denied by the board. … Poor v O’Donnel and People ex rel. Poor v Wells ( 139 App Div 83 ), Matter of Crane-Berkley Corp. v Lavis ( 238 App Div 124 ) and People ex rel. Larchmont Manor Park Soc. v Smith ( 294 NY 920 ).

Gramatan Hills Manor, Inc. v. Manganiello

30 Misc. 2d 117 · New York Supreme Court · Feb 27, 1961

On June 5, 1960, the village board adopted an ordinance, pursuant to the master plan, whereby the petitioner’s property was rezoned to single-family use. … Justice Brennan held invalid a resolution of a village board forbidding the issuance of building permits pending a rezoning of the premises in suit (Matter of Tappan Zee Bldg. v. Rizzi, N. Y. L.

Hyland v. President & Trustees

57 Misc. 212 · New York Supreme Court · Dec 15, 1907

Van Winkle v. Van Winkle, 184 N. Y. 193 ; Holloway v. Southmayd, 139 id. 405; Platt v. Village of Oneonta, 88 App. Div. 192 , citing a number of cases. … Ackerman v. True, 175 N. Y. 353 ; City of New York v. Knickerbocker Trust Co., 104 App. Div. 226 ; Holloway v. Southmayd, supra, 390.

119 Fifth Avenue, Inc. v. Taiyo Trading Co.

190 Misc. 123 · New York Supreme Court · Jun 24, 1947

Murphy, 25 Cal. 2d 48 ; Brown v. Oshiro, 68 Cal. App. 2d 393 .) … Murphy, supra; Brown v. Oshiro, supra). Similarly, the courts of this State have repeatedly applied the doctrine to leases.

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.

Delamater v. Miller

1 Cow. 75 · New York Supreme Court · May 15, 1823

Morgan v. Richards, (1 Browne's Penn. Rep. 171,) decides such a contract tp be void at the common law. ' Drury. v. … In Geer v.

Krantz v. Town of Amherst

192 Misc. 912 · New York Supreme Court · Jul 23, 1948

Co. v. Town of Oyster Bay, 186 Misc. 930 ; Lizza & Sons, Inc., v. Town of Hempstead, 69 N. Y. S. 2d 296, affd. 272 App. Div. 921 ). The inability of plaintiffs to fulfill contracts is not a compelling objection. … An early topsoil ordinance was declared discriminatory and invalid in 1940 (Lizza & Sons, Inc., v. Town of Hempstead, 175 Misc. 383 ) but that ruling is overborne by the. later adjudications of Lizza & Sons, Inc., v.

Village of Brockport v. Green

39 Misc. 231 · New York Supreme Court · Nov 15, 1902

, * * * and procure the approval thereof by the state board of health. “ § 261. … Cagwin v. Town of Hancock, 84 N. Y. 532 . Demurrer overruled.

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. Lewis

2 Misc. 2d 180 · New York Supreme Court · Apr 6, 1956

(Labor Bd. v. … Among those is “ that the federal Board would decline to exercise its powers once its jurisdiction was invoked And in a memorandum opinion shortly thereafter (Building Trades Council v. Kinard Constr. Co., 346 U.