Case law

Bailey v. Kay

50 Barb. 110 · New York Supreme Court · May 6, 1867

(Elliott v. Brown, 2 Wend. 497 . Coles v. Carter, 6 Cowen, 691.) This forming a substantive defense, it was a matter of right, I think, that the deféndant should have been allowed to plead it.

Dime Savings Bank v. Carlozzo

58 Misc. 2d 821 · New York Supreme Court · Jan 10, 1969

In O’Brien v. Young ( 95 N. … In Pryor v. City of Buffalo ( 197 N.

Stephan v. Allen

2 Misc. 2d 6 · New York Supreme Court · Mar 24, 1956

The four votes in favor of the seventh member included the two members of the board whose status as plurality electees was the subject of the proceeding in Matter of Eaton v. Allen (supra). … The status of the board as a de facto board and the validity of its acts as to the public and third persons is not in issue in this proceeding.

Sammis v. Brice

4 Denio 576 · New York Supreme Court · May 15, 1847

(Pickert v. Dexter, 12 Wend. 150 ; Jenkins v. Brown, 21 id. 454.) The judgment of the common pleas must be reversed and that of the justice affirmed. Judgment reversed

Griego v. Bader

43 Misc. 2d 245 · New York Supreme Court · May 8, 1964

For instance, in Marcatante v. … In Di Lorenzo v.

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.

Schieffelin v. City of New York

65 Misc. 609 · New York Supreme Court · Jan 15, 1910

So, it was held in Peterson v. Mayor, 17 E. … Beginning with Talcott v. City of Buffalo, 125 N.

State Division of Human Rights v. City of Schenectady

76 Misc. 2d 843 · New York Supreme Court · Dec 19, 1973

(See Matter of Kornbluth v. Rice, 275 N. Y. 597 ; Ciaccia v. Board of Educ., 271 N. Y. 336 , and Matter of Garow v. Board of Educ., 272 N. Y. 341 .) … (See Board of Educ., Cent. School Dist. No. 1 of Town of Grand Is. v. Helsby, 37 A D 2d 493, affd. 32 N Y 2d 660. Also, see, Matter of Board of Educ. Cent. School Dist. No. 1 v.

Atkins v. Bahrett

19 Barb. 639 · New York Supreme Court · Apr 3, 1855

By the Court, Brown, J. … Brown, S. B. Strong and Rockwell, Justices.] The judgment is affirmed.

Jackson v. New York Central Railroad

2 Thomp. & Cook 653 · New York Supreme Court · Mar 15, 1874

Chandler v. Monmouth Bank, 1 Green (N. J.) 255; Hall v. Vt. & M. R. R. Co., 28 Vt. 401 ; N. Y. & N. H. R. R. Co. v. Ketchum, 27 Conn. 170 . … The claim for services appears to have been presented to the board of directors of defendant September 27, 1866, and by such board referred to a committee.

Cosentino v. Goldman

183 Misc. 539 · New York Supreme Court · Jun 1, 1944

(See Martin on the Law of Labor Unions, § 317, p. 391; Campbell v. Johnson, 167 F. 102, 105 .) … Union v, Bowen, 183 N. Y. S. 855, 859, affd. 198 App. Div. 967 ; Stenzel v. Cavanaugh, 189 N. Y. S. 883, 884; Oakes on Organized Labor and Industrial Conflicts, § 54, p. 60.)

In re New York Methodist Hospital

25 Misc. 3d 648 · New York Supreme Court · Jul 8, 2009

Anthony Brown, respondent’s brother-in-law testified on behalf of the respondent. … Ctr. v Rodriguez at 209, citing Marcus v Village of Mamaroneck, 283 NY 325 [1940]).

Town of Almond v. Penfold

58 Misc. 2d 780 · New York Supreme Court · Jan 22, 1969

(Milano v. Town of Patterson, 197 Misc. 457 ; Matter of Pressel v. Ferris, 148 Misc. 910 ; Town of Clarendon v. Jary, 41 Misc 2d 662 ; Cohn v. Town of Cazenovia, 42 Misc 2d 218 .) … (Merritt v. Village of Portchester, 71 N. Y. 309.)

Schieffelin v. Henry

123 Misc. 792 · New York Supreme Court · Oct 16, 1924

In 1924 the board adopted this resolution: “Resolved that the board of estimate and apportionment, pursuant to the provisions of chapter 758 of the Laws of 1923, hereby audits and allows as a charge against the city counsel … Gibbs v. Luther, 81 Misc. Rep. 611, 616 . “ Where charters are complete and contain all necessary powers to attain a given purpose, it is idle to invoke the aid of the act referred to.” City of *796 Geneva v.

People v. Degraff

5 N.Y. Crim. 561 · New York Supreme Court · Mar 15, 1887

The original bill presented by the defendant to the board of supervisors for audit in 1881, and his report to the board, were lost. The original records of the board for that year were also lost. … Bielschofsky v. People, 3 Hun, 40 ; S. C. 60 N. Y., 616 ; Copperman v. People, 56 N. Y., 591 ; People v. Dowling, 84 N. Y., 478 -486 ; People v. Lyon, 1 N. Y. Crim. Rep. 400, S. C., 33 Hun, 623 .

Bashant v. Walter

78 Misc. 2d 64 · New York Supreme Court · Feb 25, 1974

Inst. v. Miller ( 301 N. … Bank v. Board of Zoning Appeals, 281 N. Y. 534 .)

Marino v. Edward Axel Roffman Associates, Inc.

40 Misc. 2d 136 · New York Supreme Court · Jul 30, 1963

The board held that the employee quit of his own volition. Subsequently at a representation election the employer challenged that employee’s right to vote in light of the board’s determination. … The employer then declares that he had no recourse but to default at the hearing by reason of the doctrines enumerated in Matter of McGovern v. Janel’s Music Corp. (18 A D 2d 897) and Susi v. Chandler’s Restaurant (N.

Lombardi v. City of New York

78 Misc. 2d 1057 · New York Supreme Court · Apr 26, 1974

No. 3 v. Board of Educ., 34 A D 2d 351, supra; Lecci v. Nickerson, 63 Misc 2d 756 ; Forino v. City of Troy, 42 A D 2d 647; Gilmore v. City of New York, 58 Misc 2d 1029 , supra; Konig v. McCoy, 71 Misc 2d 593 ; Weber v. … S. 2d 328, supra; Hess v. Board of Educ. of Cent. School Dist. *1061 No. 1, 41 A D 2d 151; Simon v. City of New York, 151 N. Y. S. 2d 218; Board of Educ. of Union Free School Dist. No. 3 of Town of Huntington v.

Clark v. Allen

12 Misc. 2d 988 · New York Supreme Court · Aug 2, 1958

Act, § 1292; Matter of Bering v. Patterson, 2 A D 2d 820; Matter of Restivo v. Degnan, 191 Misc. 642, 646 ; Moreland v. Areson, 22 N. Y. S. 2d 309, 312). … In Matter of Board of Educ. of Union Free School Dist. 3 of Town of Oyster Bay v.

Finkel v. Brooklyn Law School

61 Misc. 2d 198 · New York Supreme Court · Nov 6, 1969

Matter of Salter v. New York State Psychological Assn., 14 N Y 2d 100; Matter of Phalen v. Theatrical Protective Union, 27 A D 2d 909, revd. on other grounds 22 N Y 2d 34; Matter of Taitt v. … Wagner, 26 A D 2d 881; Board of Educ. Union Free School Dist. No. 6 v. Board of Co-op. Educ. Serv., 25 A D 2d 864). The petition is dismissed and judgment granted to the respondent.