Case law

People v. Seda

139 Misc. 2d 834 · New York Supreme Court · Mar 8, 1988

(People v Brown 40 Cal 3d 512, 529, 726 P2d 516, 523 , revd on other grounds sub nom. California v Brown, 479 US 538 .) … (People v Harbold, supra, 124 Ill App 3d, at 381, 464 NE2d, at 748 ). In People v Brown (40 Cal 3d 512, 726 P2d 516 , supra) the defendant, once again through the testimony of Dr.

Ellsworth v. Putnam

16 Barb. 565 · New York Supreme Court · May 19, 1852

(Comes v. Harris, 1 Comst. 223.) The remedy by writ of nuisance is not encouraged here. … (Kintz v. Mc *569 Neal, 1 Denio, 436 . Brown v. Woodworth, 5 Barb. 550 .) I think therefore the complaint is defective on this ground. [Warren Special Term, May 19, 1852. C. L. Allen, Justice.] 2.

Ward v. Ames

9 Johns. 138 · New York Supreme Court · May 15, 1812

after came on board the Margaret, and demanded the plaintiff) Ames. … (Rice v. The Polly and Kitty, 2 Pet. Adm. Decis. 420. a note to vol. 1. p. 176.)

People v. Vasquez

38 Misc. 3d 408 · New York Supreme Court · Sep 18, 2012

(People v Swain, 46 AD3d 1157, 1158 [3d Dept 2007] [citations omitted].) … (Matter of North v Board of Examiners of Sex Offenders of State of N.Y., 8 NY3d 745, 752 [2007]; People v Gravino, 14 NY3d 546, 556 [2010].)

People ex rel. Carter v. Williams

20 N.Y.S. 350 · New York Supreme Court · Oct 21, 1892

to the state board of assessors. … This evidence was competent only because it was made so by the board of assessors themselves, and is not common-law evidence. People v. McCarthy, 102 N. Y. 630 , 8 N. E. Rep. 85; People v. State Assessors, 47 Hun, 451 .

Johnson-Kahn Co. v. Thompson

68 Misc. 639 · New York Supreme Court · Aug 15, 1910

Corp. 291; Thompson v. Schermerhorn, 6 N. Y. 92 . … McAuliffe v. City of New York, 129 App. Div. 551 . Motion granted. Settle order on notice.

In re Widening Bushwick Avenue

48 Barb. 9 · New York Supreme Court · Sep 11, 1865

R. v. Lee, 13 Barb. 169 .) A report of commissioners like these is never sent back, whatever may be the number of witnesses who differ in their estimates from the commissioners in their opinions as to the damages. … Brown, Lott and J. F. Barnard, Justices.]

Glen Head-Glenwood Landing Civic Council v. Town of Oyster Bay

109 Misc. 2d 376 · New York Supreme Court · May 1, 1981

(Matter of Tuxedo Conservation & Taxpayers Assn. v Town Bd. of Town of Tuxedo, 96 Misc 2d 1 , affd 69 AD2d 320 .) … (Shepard v Village of Skaneateles, 300 NY 115 .)

Bassett v. Wells

56 Misc. 81 · New York Supreme Court · Sep 15, 1907

It is nomen collectivum ” Kingsland v. Rapelye, 3 Edw. Ch. 1 . See also Adams v. Law, 17 How. (U. S.) 421; Palmer v. Horn, 84 N. Y. 516 ; Bodine v. Brown, 12 App. Div. 335 ; affd., 154 N. Y. 778 ; Drake v. … Y. 128 ; Matter of Baer, 147 id. 348, 353; Soper v. Brown, 136 id. 244, 250; Phelps v. Cameron, 109 App. Div. 798 ; Price v. Sisson, 13 N. J. Eq. 168, 178; Weehawken Ferry Co. v.

In re DeLong

176 Misc. 919 · New York Supreme Court · Mar 21, 1941

Before passing this resolution, however, the board of supervisors of the county of Oswego required indemnity against the cost of such increased pavement in the form of a resolution of the board of trustees of the village … The case of Matter of Lawrence v. Village of Mamaroneck ( 263 N. Y. 455 [1934]) is cited by both petitioners and the village as a background in aid of the solution of the instant question.

Capobianco v. Town of North Hempstead

21 Misc. 2d 32 · New York Supreme Court · Jan 7, 1960

. * * * Either plaintiffs’ property or the land near it would suffer depending on the board’s action, and the board could properly find that the loss sustained by plaintiffs would be offset by the gain to the community in … In Rodgers v. Village of Tarrytown ( 302 N.

Swan v. Cohen

179 Misc. 69 · New York Supreme Court · Aug 29, 1941

Since the signing of said orders the Board of Elections has unanimously sustained objections filed by sixteen citizen objectors pursuant to section 142 of the Election Law *70 (Cons. Laws, ch. 17). … (Matter of Brennan [Cohen], New York Law Journal, March 25, 1940, p. 1341; Devine v. Cohen, New York Law Journal, Sept. 4,1940, p. 515.)

Clarke v. Clarke

8 Misc. 339 · New York Supreme Court · Jan 15, 1893

Farnam v. Barnum, 2 How. Pr. (N. S.) 396; McKenzie v. L'Amoureux, 11 Barb. 516 ; Kerr v. Blodgett, 48 N. Y. 62 ; Prouty v. Michigan S. & N. I. R. R. Co., 4 T. & C. 230; Brown v. Ricketts, 3 Johns. … In Isenhart v. Brown, 1 Edw.

Ledain v. Town of Ontario

192 Misc. 2d 247 · New York Supreme Court · Jul 15, 2002

(Matter of Board of Educ., Commack Union Free School Dist. v Ambach, 70 NY2d 501, 508 , cert denied sub nom. … Margolin v Board of Educ., 485 US 1034 ; see also Ponticello v County of Suffolk, 225 AD2d 751 ; Arizaga v New York City Health & Hosps. Corp., 96 AD2d 457 .)

Klevan v. Volz

67 Misc. 2d 196 · New York Supreme Court · Jul 28, 1971

In Matter of Irace v. Kramer ( 20 Misc 2d 432 ) the same court (Pittoni, J.) reaffirmed the rule. In Matter of Feldman v. Commerdinger ( 26 Misc 2d 221 ) the rule was mentioned with approval. … (Matter of Cherry Hill Homes v. Barhiere, 28 N Y 2d 381.)

McMillan Book Co. v. State Division of Human Rights

64 Misc. 2d 692 · New York Supreme Court · Nov 16, 1970

On January 8, 1970 the petitioners were served with a complaint brought against them to the respondent division by the respondent Geraldine V. Santy. … Judicial review is available only from an order of the Appeal Board (Executive Law, § 298).”

Treadway-Binghamton Co. v. State Liquor Authority

62 Misc. 2d 626 · New York Supreme Court · Apr 6, 1970

In Playboy Club v. … (Matter of Surface Line Operators Fraternal Organization v. New York State Liq. Auth. 25 A D 2d 775, mot. for lv. to app. den. 17 N Y 2d 425. Matter of Galaxy Coffee Shop v. Hostetter 32 A D 2d 946.)

Curcio v. Boyle

142 Misc. 2d 1030 · New York Supreme Court · Apr 18, 1989

In fact, weighted voting was one of the alternatives considered by the lower courts in the Board of Estimate case. (Morris v Board of Estimate, 647 F Supp 1463 , 831 F2d 384.) … (Board of Estimate v Morris, 489 US--, n 11, supra, 109 S Ct 1433, 1443, n 11 , supra.)

People ex rel. Anderson v. Snedeker

75 Misc. 194 · New York Supreme Court · Jan 15, 1912

of assessors of the said town of White Plains, having been employed by the said board of assessors by virtue of a resolution, adopted by the town board of said town, which expressly authorized such employment. … a person, either directly by the board of assessors, or upon the authority of the town board.

People ex rel. Dunn v. Ham

32 Misc. 517 · New York Supreme Court · Oct 15, 1900

Dunn was appointed said station-house keeper July 1, 1892 by the then board of police commissioners of the city of Albany. … Kopp v. French, 102 N. Y. 583 ; People ex rel. McTigue v. Manning, 16 N. Y. Supp. 604 . Application for writ of mandamus granted, with costs. Application granted, with costs.