Case law

Robinson v. Finkel

194 Misc. 2d 55 · New York Supreme Court · Sep 17, 2002

(Matter of Garner v Tuckahoe Hous. Auth., 81 AD2d 915 [2d Dept 1981], cited in Matter of Brown v Popolizio, 166 AD2d 44 [1st Dept 1991].) … (Brown v Popolizio, 166 AD2d 44, 57 [1st Dept 1991].)

Kennilworth Management Co. v. City of Ithaca

63 Misc. 2d 617 · New York Supreme Court · Jul 22, 1970

Co. v. City of New York ( 206 N. … (Matter of Toan v. Village of Perry, 297 N. Y. 710 ; Garvar v. City of New York, 54 Misc 2d 562 .)

Lawrence-Smith School, Inc. v. City of New York

166 Misc. 856 · New York Supreme Court · Jan 4, 1938

(Town of Montclair v. State Board of Equalization of Taxes, 88 N. J. L. 374; 96 A. 44 ; Carteret Academy v. State Board of Taxes & Assessment, 104 N. J. L. 165; 138 A. 919 ; Montgomery v. Wyman, 130 Ill. 17 ; 22 N. … Rye Country Day School v. Schmidt, 266 N. Y. 196 .) In the last cited case the Rye Country Day School was organized as an educational corporation.

Petrossi v. Littwittz

50 Misc. 2d 10 · New York Supreme Court · Apr 28, 1966

candidate for the office of member of the said Board of Edncation for the election to be held on May 4, 1966. … Thereafter, the clerk wrote the petitioner a letter advising him that he did not meet the qualifications entitling him to run for a position on the board, and therefore, rejecting the said petition.

Farnsworth v. Boro Oil & Gas Co.

76 Misc. 37 · New York Supreme Court · Mar 15, 1912

Defendant now repudiates the terms imposed by the town board as a condition of granting its consent so far - as they fix rates for gas and raises its rate to thirty cents per thousand cubic feet, claiming that the town board … It is also true that defendant obtained no additional rights and privileges from the town board. I think, however, that the law of the case is established by the authority of the Rochester Telephone Co. v.

Sprague v. Sprague

30 N.Y.S. 162 · New York Supreme Court · Jul 27, 1894

BROWN, P. J. This action is upon a promissory note made by the defendants’ intestate. The answer denied the making and delivery of the note, and any indebtedness thereon. . … Carnwright v. Gray, 127 N. Y. 92 , 27 N. E. 835 . As the answer did not plead that defense, the court was correct in its charge that there was no question of that kind in issue.

Triborough Bridge & Tunnel Authority v. Foley

34 Misc. 2d 870 · New York Supreme Court · May 8, 1962

The public character of the roadway is unaffected by the fact that use thereof requires the payment of a toll (see Board of County Comrs. v. Chandler, 96 U. S. 205, 208 ). In New York Tunnel Auth. v. … In Matter of Independence Terrace Corp. v. Board of Stds. & Appeals (N. Y. L.

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.)

Elder v. International Railway Co.

68 Misc. 22 · New York Supreme Court · May 15, 1910

The defendant relies on the case of Monnier v. N. Y. C. & H. R. R. R. Co., 175 N. … It has been held, in the case of Montgomery v. Buffalo R. Co., 165 N.

Jenner v. Joliffe

9 Johns. 381 · New York Supreme Court · Oct 15, 1812

The case of Brown v. M'Kinally (1 Esp. Cas. 279.) does not apply, because the misfeasance of the defendant would mot have been a subject of inquiry upon any issue to be joined in *386 that suit.

People v. Bonizio

147 Misc. 2d 1050 · New York Supreme Court · May 7, 1990

Indeed, the Appellate Division, Fourth Department, has ordered the disclosure of a presentence report for use at a Parole Board hearing prior to the statutory change (Matter of Legal Aid Bur. v Armer, 74 AD2d 737 [4th Dept … (See, Holmes v State of New York, 140 AD2d 854 [3d Dept 1988]; Matter of Thomas v Scully, 131 AD2d 488 [2d Dept 1987]; CPL 390.50 [1].)

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.

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

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).

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.

Jackson v. Loomis

4 Cow. 168 · New York Supreme Court · Feb 15, 1825

In Murray v. Gouverneur, (2 John. … (Hylton v. Brown, C. C. April, 1808, Pennsylvania. "Whart. Dig. Ejectment, I. pl. 74, p. 188, M. S. Reports.)

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).

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.