Case law

Sisson v. City of Buffalo

41 Misc. 236 · New York Supreme Court · Jul 15, 1903

Godfrey Weiss v. … It is to be observed that the petition by the taxpayers specified this kind of brick, all of the proceedings of the common council referred to this kind of brick, and while the board of public works were required to make

Bell Atlantic NYNEX Mobile, Inc. v. Lonergan

172 Misc. 2d 317 · New York Supreme Court · Apr 8, 1997

The board’s determination will be sustained if it has a rational basis and is supported by substantial evidence (Matter of Cowan v Kern, supra, at 598). … Corp. v State of New York, 293 NY 634, 639 [1944]; and see, Incorporated Vil. of Old Field v Hickey, 225 AD2d 666 [2d Dept 1996]).

Baczensky v. Hose

44 Misc. 2d 89 · New York Supreme Court · Sep 18, 1964

Also, see, Matter of Fornaby v. … Matter of Town Bd. of Town of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; People v. Duell, 1 N Y 2d 132, 134).”

Everett v. Saltus

15 Wend. 474 · New York Supreme Court · Jul 15, 1836

Potter v. Lansing, 1 Johns. R. 223. Davis v. James, 5 Burr. 2680. Dawes v. Peck, 8 T. R. 330. What were the facts ? Bridge &f _ Vose shipped the goods at New-Orleans to Tufts 8 Co. of New- York; they paying freight. … Lickbarrow v. Mason, 2 T. R. 70. Root v. French, 13 Wendell, 572 . 15 East, 38.

People ex rel. Erhardt v. Foster

184 Misc. 117 · New York Supreme Court · Jan 9, 1945

The defendant contends that when the relator was declared delinquent by the Parole Board on December 3,1936, the service of his parole was tolled until such time as relator was apprehended and brought before the Parole Board … The defendant cites Matter of Magistro v. Wilson ( 253 App. Div. 48 ) as authority for his position.

Oppenheim Apparel Corp. v. Cruise

118 Misc. 368 · New York Supreme Court · Mar 15, 1922

Coach Co. v. City of New York, 194 N. … Coach Co. v. City of New York, supra. I incline to the belief that this contention suggests plaintiffs’ *372 real grievance.

Smith v. Hovey

72 Misc. 2d 48 · New York Supreme Court · Nov 29, 1972

Petitioners, by article 78 review, seek an order annulling the determination of the Zoning Board of Appeals of the Town of North Greenbush, Bensselaer County, New York, which determination (1) denied petitioners’ application … Since there is a dwelling unit on Lot No. 276, Lot No. 277 does not adjoin a “ vacant ” lot owned by the same owner and is, therefore, either entitled to a variance or to a declaration by the board that no variance is required

Grishaber v. Town of Callicoon

176 Misc. 323 · New York Supreme Court · Apr 17, 1941

In Echo Lake Corp. v. Town of Mount Pleasant ( 249 App. … Notwithstanding what was said in Echo Lake Corp. v.

Scire v. American Export Lines, Inc.

197 Misc. 422 · New York Supreme Court · Aug 11, 1949

(Ell Dee Clothing Co. v. Marsh, 247 N. Y. 392, 397 ; Meyer v. Redmond, 205 N. Y. 478, 483 .) … This amount was paid for handling the baggage prior to the passengers boarding the ship.

Peltzman v. American Radio Ass'n

69 Misc. 2d 17 · New York Supreme Court · Dec 28, 1971

Allen-Bradley Local v. Board, 315 U. S. 740 ; Auto Workers v. Wisconsin Bd., 336 U. S. 245 ; Algoma Plywood Co. v. Wisconsin Bd., 336 U. S. 301 ; Bus Employees v. Wisconsin Bd., 340 U. … And this rule prevailed where the NLRB, as a matter of policy, refused to entertain a proceeding even though the necessary elements of board jurisdiction, as fixed by law, were present (Guss v. Utah Labor Bd., supra).

Middlebrook v. Corwin

15 Wend. 169 · New York Supreme Court · May 15, 1836

In Watson v. … In the recent case of Brown v. Crump, 1 Marsh,567,Chief Justice Gibbs said, that he had often heard him (Mr.

In re Hertle

54 Misc. 354 · New York Supreme Court · May 15, 1907

The hoard of estimate and apportionment and the board of aldermen shall annually appropriate a sum sufficient to pay the salaries of said commissioners, and in the discretion of said board and the board of aldermen a sum … Armstrong v. Murphy, 65 App. Div. 126 . It is merely a part or incident of an administrative system devised by the Legislature for the efficient government of the municipality.

Town of Amherst v. County of Erie

143 Misc. 540 · New York Supreme Court · Apr 28, 1932

No option is given to the board of supervisors to depart from the town budget as submitted by the town board. … (Furey v. Town of Graves-end, 104 N. Y. 405 ; McKuskie v. Hendrickson, 128 id. 555 ; People ex rel. McCann v. Kilbourn, 68 id. 479, 482 ; P. R. T. Co. v. Dash, 125 id. 93.)

Bouhayer v. Georgalis

169 Misc. 2d 779 · New York Supreme Court · Jul 8, 1996

(Auerbach v Bennett, 47 NY2d 619, 631 .) It has been recognized that shareholder derivative actions, by their nature, infringe upon the management of the corporation by the board. … been the product of sound business judgment of the board.

De Riso v. Kennedy

13 Misc. 2d 322 · New York Supreme Court · Jun 11, 1958

In Matter of McDermott v. … The excerpt quoted in the petitioner’s brief from Matter of Board of Educ. of City of Beacon v. State Dept. of Educ. ( 275 App. Div. 1041 ) indicates the fallacy of the petitioner’s argument.

Fleming v. Bernauer

138 Misc. 2d 267 · New York Supreme Court · Dec 16, 1987

In opposition to the motion, defendant cites McKenzie v St. … (Afrecan v Calendonian Hosp., 29 AD2d 544 .)

Strowell v. Vrooman

2 Cai. Cas. 107 · New York Supreme Court · Aug 15, 1804

Brown v. Leeson, 2 H. Bl. 43. And Lord Ellenborough followed hia example, where the cause of action was a wager on an abstract point of practice. Henkin v. Gerss, 2 Camp. 408; 12 East, 247, S.

Scott v. County of Nassau

43 Misc. 2d 648 · New York Supreme Court · Jul 29, 1964

Brecht v. City of New York, 14 A D 2d 790) and because it might reasonably contain admissions by the arresting officer (Ciaffone v. Manhattantown, 20 A D 2d 641; Cianci v. Board of Educ., 18 A D 2d 930). … Co. v. Vurmuhlen, 273 App. Div. 956 ; but cf. Matter of Lessin v. Board of Educ., 215 App. Div. 652 ).

Smith v. Chuckrow

158 Misc. 273 · New York Supreme Court · Dec 15, 1935

Kathan v. County Board of Canvassers, 75 App. Div. 110 ; Election Law, §§ 273-275.) The board has no power to determine the legality of an election. (People ex rel. Williams v. Board of Canvassers, 105 App. Div. 197 .) … Derby v. Rice, 129 N. Y. 461 .) A mandamus will lie to command the performance of a clear duty imposed or neglected. It cannot he to command the doing of that which the board is without power or duty to do.

Kay Lewis Enterprises v. "Lewis-Marshall Joint Venture"

59 Misc. 2d 862 · New York Supreme Court · May 21, 1969

Bank v. Giacomantonio, 59 Misc 2d 704 ; see, also, Dime Sav. Bank v. Carlozzo, 58 Misc 2d 821 ). As far as this court can find, no decision in point has yet been rendered in this department. … While the recent case of Mandelino v.