Case law

Abdullah v. Smith

115 Misc. 2d 105 · New York Supreme Court · Apr 28, 1982

(Matter of Brown v McGinnis, 10 NY2d 531, 535-536 .) … , 530 , cited in Matter of Brown v McGinnis, 10 NY2d, at p 536 ).

Security National Bank v. Village Mall at Hillcrest, Inc.

79 Misc. 2d 1060 · New York Supreme Court · Nov 22, 1974

(See Sugar v. Curtis Circulation Co., 74 Civ. 78 [Dist. Ct., S.D.N.Y.].) The court finds that the issuance of the ex parte order was not constitutionally defective. … The operation of the condominium is the responsibility of the board of managers.

People v. Mincey

81 Misc. 2d 407 · New York Supreme Court · Mar 17, 1975

Board for selection of grand jurors; constitution. … Chestnut v Criminal Court of City of N Y. (442 F2d 611), relied heavily upon by the defendant, the court goes into great detail in explaining the selection process of grand jurors in New York County.

People ex rel. Kanouse v. Judges of New-York Common Pleas

2 Denio 197 · New York Supreme Court · Feb 15, 1846

(Sprag gins v. The County Court of Humphries, 1 Cooke, 160.) And I am not aware that any of the federal courts have questioned their power to act in the same manner. … I am aware that the court of appeals in Virginia awarded a mandam is to an inferior court in that state, to compel the removal of a cause into the circuit court of the United States; (Brown v.

Jackson v. Poston

68 Misc. 2d 590 · New York Supreme Court · Jul 29, 1971

The respondents cite as support for their acts Matter of Council of Supervisory Assns. v. Board of Educ. of City of N. Y. (23 N Y 2d 458 [1969]). … In reaching this decision, the court notes that it has read and considered Chance v. Board of Examiners et al. of City of N. Y. ( 330 F. Supp. 203 ) submitted in support of the respondents’ position.

Richards v. Robin

86 Misc. 528 · New York Supreme Court · Jul 15, 1914

Johnson v. Underhill, 52 N. Y. 203, 211 ; Sigua Iron Co. v. Brown, 171 id. 488, 500; Grissell v. Bristowe, L. R. (3 C. P.) 112. In Grissell v. … This language is quoted with approval in Johnson v. Underhill, supra, 212 . The latter case, laying down the rule above stated, is cited with ap *533 proval in Sigua Iron Co. v. Brown, supra, 500.

Enoch v. Brandon

128 Misc. 695 · New York Supreme Court · Feb 12, 1927

(See Hibbs v. Brown, 112 App. Div. 214 ; affd., 190 N. … As was stated by Laughlin, J., in Hibbs v. Brown ( 112 App. Div. 214, 222 ), the case of McClelland v. Norfolk Southern R. R. Co. ( 110 N.

New York State Ass'n of Nurse Anesthetists v. Novello

189 Misc. 2d 564 · New York Supreme Court · Nov 25, 2001

Indeed, under applicable provisions of the EL (Education Law) and the PHL (Public Health Law), there is no authority pursuant to which the department, SED (State Education Department), the Board of Regents, the State Board … In deciding how much weight to give to the Commissioner’s Guidelines the board members will have to be mindful of Public Health Law § 230 (3) which provides, “Any member may be removed from the board at the pleasure of the

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.

McKee Storage Warehouse Corp. v. Moyer

37 Misc. 2d 623 · New York Supreme Court · Dec 17, 1962

In NYSLRB v. … within the board’s jurisdiction.

Ball v. Pratt

36 Barb. 402 · New York Supreme Court · Apr 1, 1862

And Bronson, J. in Browning v. … (Bronson, J. in Browning v.

Delaware, Lackawanna & Western Railroad v. Slocum

183 Misc. 454 · New York Supreme Court · Apr 7, 1944

No proceeding before the Adjustment Board or otherwise under the Railway Labor Act has been had. Such proceeding *457 is not a prerequisite to an action in court. (Moore v. Illinois Central R. Co., 312 U. … sought to enjoin carrying the Board’s decision into effect.

Crosby & Co. v. Compagnie Nationale Air France

76 Misc. 2d 990 · New York Supreme Court · Jun 5, 1973

Congress gave the responsibility for achieving this result to a single agency, the Civil Aeronautics Board, rather than to the numerous courts under diverse laws. (Lichten v. Eastern Air Lines, supra, p. 941.) … A claim that a tariff is unreasonable must first be passed upon by the board. (United States v. Western Pacific B. B. Co., 352 U. S. 59 ; Blair v. Delta Air Lines, 344 F. Supp. 360, 366-367 .)

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]).

Goshen National Bank v. Bingham

7 N.Y. St. Rep. 493 · New York Supreme Court · Mar 31, 1887

It may, however, be proper to call attention to the decision of the court of appeals in the case of Cooke v. The State National Bank of Boston ( 52 N. … Freund v. The Importer’s and Trader’s Bank, 76 N. Y., 355 .

People v. Midland Insurance

97 Misc. 2d 341 · New York Supreme Court · Dec 5, 1978

The maturity of the debt occurs on the date of the forfeiture while the entry of judgment relates merely to the application of the remedy for the enforcement of the debt (People v Bennett, 136 NY 482, 487-488 ; People v Brown … Events subsequent to the day of appearance cannot retroactively cure the unexcused failure to appear (People v Stuyvesant Ins. Co., 24 AD2d 989, 990 , affd 21 NY2d 907 ; People v Brown, 96 Misc 2d 127 , supra).

Albert v. Kern

177 Misc. 852 · New York Supreme Court · Dec 8, 1941

In Economic Power & Construction Co. v. City of Buffalo ( 195 N. … (Harris v. People of the State of New York, 59 N. Y. 599; People ex rel. City of Rochester v. Briggs, 50 id. 553; Scott v. Village of Saratoga Springs, 131 App. Div. 347 .)

Holland Maintenance Co. v. Perry

13 Misc. 2d 1002 · New York Supreme Court · Sep 4, 1958

Packing Co. v. … If the board is not vested with such power State action is still permissible (Garner v. Teamsters Union, 346 U. S. 485 ).” (Italics ours.) Since State action is here pre-empted, this court is without jurisdiction.

Mandell v. Pasquaretto

76 Misc. 2d 405 · New York Supreme Court · Dec 10, 1973

Otherwise, a wrong is inflicted without any opportunity for legal recompense (Miller v. Edison Elec. Illuminating Co. of N. Y., 184 N. Y. 17 ; Rock v. Acker Process Co., 112 App. Div. 695 , affd. 188 N. Y. 604 ). … Mandell, $1,000, and by the Gobetzes, $500 (Gerow v. Village of Liberty, 106 App. Div. 357 ; cf. St. George’s Syrian Catholic Church v. Eisenstein Assoc., 34 A D 2d 947; Boomer v. Atlantic Cement Co., 26 N Y 2d 219). O.

Scheinberg v. United Medical Service, Inc.

42 Misc. 2d 125 · New York Supreme Court · Jan 8, 1964

They cite cases holding that the same word or term may have different connotations, different meanings in different contexts (see Board v. Hearst Pubs., 322 U. S. 111 , 121-122 ; Towne v. Eisner, 245 U. … Co., 238 F. 2d 594 ; Drearr v. Connecticut Gen. Life Ins. Co., 119 So. 2d 149 [La. Ct. of App.]; cf. Theriot v. Schlumberger Well Surveying Cory., 131 So. 2d 94 [La. Ct. of App.]; Gordon v. Fidelity & Cas.