Case law

Haynes v. Brooks

49 N.Y. Sup. Ct. 528 · New York Supreme Court · Oct 15, 1886

This was considered and held in Kirby v. Schoonmaker ( 3 Barb. Ch., 46 ), and that principle was followed in Hurlbert v. Dean (2 Abb. Ct. of App., 429). It was also considered the law in Egberts v. … The cases of O’Neil v. Salmon ( 25 How., 246 ) and Crook v. Rindskopf ( 34 Hun, 457 ), are entirely distinguishable from this point presented by this appeal. And so is that of Collomb v. Caldwell ( 16 N.

Fay v. Supreme Tent of the Knights of the Maccabees of the World

38 Misc. 427 · New York Supreme Court · Jul 15, 1902

Baxter v. McDonnell, 155 N. Y. 83 -101. … White v. Brownell, 2 Daly, 329 , approved in Lewis v. Wilson, 121 N. Y. 288 .

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

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.

People v. Perkins

161 Misc. 2d 502 · New York Supreme Court · Jun 2, 1994

(People v Brown, 70 NY2d 857 [criminal possession of stolen property is not a lesser included offense of *505 robbery].) … Particularly in light of People v Brown (supra), which was decided subsequent to Williams , this court squarely disagrees with the Williams decision.

Barker v. Town of Oswegatchie

10 N.Y.S. 834 · New York Supreme Court · Jan 7, 1890

Y. 196 ; People v. Kenney, 96 N. Y. 294 ; People v. Briggs, 50 N. Y. 553 ; Harbeck v. Mayor, etc., 10 Bosw. 366 ; People v. Squires, 1 N. Y. St. Rep. 633. … Barto v. Himrod, 8 N. Y. 483 .

Giamboi v. Power

26 Misc. 2d 568 · New York Supreme Court · May 21, 1960

The Board of Elections of the City of New York overruled petitioner’s objections. … It has been held that the failure to supply this information is fatal to a petition (Matter of Dorsey v. Cohen, 268 N. Y. 620 ).

Freydberg Bros. v. Corey

177 Misc. 560 · New York Supreme Court · Oct 29, 1941

The court cited as authority Willesford v. Watson (8 Ch. App. Cas. [L. … Realty Co., Inc., v. Coutroulos, 233 App. Div. 404, 407 ; leave to appeal denied, 258 N. Y. 609 ; Matter of Pierce v. Brown Buick Co., Inc., 258 App. Div. 679 ; affd., 283 N. Y. 669 ; Matter of Wenger & Co. v.

Libby v. Rosekrans

55 Barb. 202 · New York Supreme Court · Apr 5, 1869

(Brown v. Frost, 10 Paige, 243 . Am. Ins. Co. v. Oakley, 9 id. 259 . McCotter v. Jay, 30 N. Y. Rep. 80. Gould v. Mortimer, 26 How. Pr. 167 .) … (Shedden v. Patrick, 28 Eng. Law & Eq. Rep. 56. Story's Eq.Jur. § 252. Dobson v. Pearce, 2 Kern. 156.)

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.

Passenger v. Thorburn

35 Barb. 17 · New York Supreme Court · Mar 5, 1860

Page v. Pavey, 34 Eng. Com. Law Rep. 628. Brown v. Edgington, 40 Eng. Com. Law Rep. 371.)

Martin v. Burke

25 Misc. 2d 1042 · New York Supreme Court · Oct 27, 1960

(Matter of Andresen v. Rice, 277 N. Y. 271, 276, 277 ; Matter of Carow v. Board of Educ., 272 N. Y. 341, 346, 347 .) … In Chase v.

Passey v. Craighead

35 N.Y.S. 36 · New York Supreme Court · Jul 26, 1895

BROWN, P. J. Thé facts in this case are not before the court for review. While the notice of appeal purports to be from an order denying a motion for a new trial, there is no such order in the case. … Ehrman v. Rothschild, 23 Hun, 273 ; Boos v. Insurance Co., 64 N. Y. 242 . None of the exceptions to the rulings of the court are well taken. The action was to recover damages sustained from the bite of a dog.

Hall v. Luther

13 Wend. 491 · New York Supreme Court · May 15, 1835

In Piggott v. … In Dan v.

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.

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 ).

Dodge v. Berry

33 N.Y. Sup. Ct. 246 · New York Supreme Court · Jan 15, 1882

(Elliot v. Fitchburg R. R. Co., 10 Cush., 191 .) … Long, 58 Barb., 20 ; Merritt v. Brinkerhoff, 17 Johns., 306; Brown v. Brown, 30 N. Y., 519 .) In Elliot v. Fitchburg R. R., the court say, that “ the complaint is * * * for obstructing a part of the water of the stream.

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.

Sanspar Restaurant Corp. v. Ring

65 Misc. 2d 847 · New York Supreme Court · Feb 22, 1971

In doing so, the Board allowed the woman a period of time during which to sell the premises in order to avoid financial disaster. “It is recommended that, in the instant case, the Board require Mrs. … (People v. Law, 31 A D 2d 554, 555.)

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.