Case law

O'Beirne v. Koehler

193 Misc. 101 · New York Supreme Court · Jul 26, 1948

the decision of the hoard of appeals of the town of Islip of the State of New York, which denied petitioner a permit to conduct a school on certain premises in the village of Sayville, the respondents, constituting such board … (See City of New Rochelle v. Echo Bay Waterfront Corp., 268 App. Div. 182 , which cited Matter of Pressel v. Ferris, 148 Misc. 910 .)

Piper v. New York Cent. & H. R. Railroad

34 N.Y.S. 1072 · New York Supreme Court · Jul 26, 1895

BROWN, P. J. This case was before the general term of this department at the December term in 1893 upon an appeal by the plaintiff from a judgment in favor of the defendant entered upon a dismissal of the complaint. … Smedis v. Railroad Co., 88 N. Y. 22 ; Newall v. Bartlett, 114 N. Y. 405 , 21 N. E. 990 ; Huerzeler v. Railroad Co., 139 N. Y. 490 , 34 N. E. 1101 .

Dennis v. City of New York

49 Misc. 2d 391 · New York Supreme Court · Nov 3, 1965

The United States Supreme Court, in New Jersey v. New York ( 347 U. S. 995 ) issued a decree amending its earlier decision (New Jersey v. New York, 283 U. … (Matter of Pruzan v. Valentine, 282 N. Y. 498, 501 ; Matter of New York Post Corp. v.

Izzillo v. Mulkor Warehousing Co.

14 Misc. 2d 609 · New York Supreme Court · Oct 24, 1958

Our courts have held (Sicolo v. Prudential Sav. … As was pointed out in Gannon v. Royal Properties ( 285 App.

General Steel Products Corp. v. City of New York

18 Misc. 2d 106 · New York Supreme Court · Apr 15, 1959

No claim is made by respondent Commissioner that petitioner is not a responsible bidder or that the Board of Estimate approved the award to Penco. … Y. 491 ; Matter of Cestone Bros. v. Solowinski, 276 App. Div. 970 , 971; Kniska v. Splain, 110 N. Y. S. 2d 267, 269), but this procedure is sanctioned merely to ensure enforcement of the statute (Dictaphone Corp. v.

Horn Construction Co. v. Town of Hempstead

41 Misc. 2d 438 · New York Supreme Court · Dec 6, 1963

If a zoning ordinance is reason *443 ably debatable the judgment of the legislative body, the Town Board in this case, is conclusive (Rodgers v. Village of Tarrytown, 302 N. Y. 115 ; Shepard v. … Determination of the “ most appropriate use of the land ” is for the Town Board to determine (Nelkin v. Town of Oyster Bay, 14 Misc 2d 764, 766 ; Grac v.

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).”

In re Illiano

183 Misc. 121 · New York Supreme Court · Mar 3, 1944

(Matter of Young v. Kracke, 262 App. Div. 67 , affd. 287 N. Y. 634 ; Matter of Mellilo v. Kracke, 261 App. Div. 631 , appeal dismissed 287 N. Y. 655 .) … (Matter of Szirmay v. Krache, 261 App. Div. 385 .)

Montauk-Caribbean Airways, Inc. v. Hope

132 Misc. 2d 496 · New York Supreme Court · Jun 3, 1986

Co. v Village of New Paltz, 78 AD2d 942 ; Akins v Village of Potsdam, 65 AD2d 835 ; Lupinski v Village of Ilion, 59 AD2d 1050 ; Alexander v Village of Tupper Lake, 19 AD2d 939 ). … Hosp., 51 NY2d 242, 251 , supra; Matter of Day Surgicals v State Tax *504 Commn., 97 AD2d 865 ; cf. Matter of Mahoney v Board of Educ., 113 AD2d 942 ).

People ex rel. Reilly v. Andrews

35 N.Y.S. 311 · New York Supreme Court · Oct 18, 1895

Bolster v. French, 46 Hun, 232 , and People ex rel. Brady v. Martin, 145 N. Y. 253 , 39 N. E. 960 , we regard this question as settled adversely to the relator. … On the day that the petition was presented to the board, action was taken thereon, by which it was referred to the board of surgeons for report.

La Chapelle v. Burpee

23 N.Y.S. 453 · New York Supreme Court · May 9, 1893

Hone v. Van Schaick, 20 Wend. 566 ; Tucker v. Tucker, 5 N. Y. 408 . … Davis v. Duffie, 8 Bosw. 617 , 4 Abb. Pr. (N. S.) 478; Bowles v. Habermann, 95 N. Y. 249 . But in Avery v. Everett, 110 N. Y. 317 , 18 N. E.

Ferraro v. Power

3 Misc. 2d 470 · New York Supreme Court · Jun 27, 1956

Petitioner moves by show cause order to compel the Board of Elections of the City of New York to nullify its certification of a vacancy for the office of Democratic Committeeman in the 15th Election District, 4th Assembly … (Matter of Calvin v. Board of Elections of Suffolk County, 255 App. Div. 721 .)

Abeles v. Friedman

171 Misc. 1042 · New York Supreme Court · Jun 14, 1939

Collective agreements were entered into between the Joint Board and jobbers in the industry and between the Joint Board and the association of inside *1048 manufacturers and between the Joint Board and the association of … Justice Levy in Sainer v. Affiliated Dress Manufacturers, Inc. ( 168 Misc. 319 ).

Drake v. Mayor of New York

7 Lans. 340 · New York Supreme Court · Jan 15, 1873

(Donovan v. The Mayor, 33 N. Y., 291, 293 , and cases cited by Poster, J., at p. 293.) … The principle of Donovan v. The Mayor ( 33 N. Y., 291 ) does not apply to this case, as is clearly shown by Fancheb, J., in the case of Quinn v. The Mayor, &c. (MSS. of Fancher, J.).

Concklin v. Hart

1 Johns. Cas. 103 · New York Supreme Court · Apr 15, 1799

Mumford v. Church, infra, 147, 150, u. (a). See also, Anon. 6 Ves. Jr. 573, Sumn. ed. Rowe v__, 8 id. 262. Pritchard v. Gee, 5 Mad. 364. Pearson v. Ward, 2 Dick. 648. S. C. 1 Cox, 177. Shirley v. Earl Ferrers, 3 P. … Hanken v. Middleditch, 2 Brown, 640. Brydges v. Hatch, 1 Cox, 423. Botts v Verelst, 2 Dick. 454. Shelley v. 13 Ves. 57. Cholmondeley v. Oxford, 4 Bro. 156. Bellamy v. Jones, 8 Ves. 32. Fitzhugh v. Lee, Ambl. 65.

Dezsofi v. Jacoby

178 Misc. 851 · New York Supreme Court · Jul 2, 1942

(Brown v. … (Brown case, supra, p. 636.)

Larkin v. Village of Brockport

30 N.Y.S. 973 · New York Supreme Court · Nov 13, 1894

The village trustees, by resolution passed at a meeting of thé board June 5, 1888, fixed the plaintiff’s compensation at §45 per month. … Clark v. State, 142 N. Y. 101 , 36 N. E. 817 .

Buttenwieser v. City of New York

180 Misc. 748 · New York Supreme Court · Jul 6, 1943

(See Namm & Son v. City of New York, 168 Misc. 710 , in which opinion the authorities on the subject have been collated and exhaustively considered; Evelyn Building Corp. v. City of New York, 257 N.

Healy v. Larsson

67 Misc. 2d 374 · New York Supreme Court · Jul 30, 1971

The factual situation in the instant case is similar to that presented in the case of Matter of Blank v. Board of Higher Educ. of City of N. Y. ( 51 Misc 2d 724 ). … The officials were considered by the court to be agents of the respondent Board of Education and respondent was estopped from denying the acts of the agents.

Ellison v. Miller

11 Barb. 332 · New York Supreme Court · Jun 16, 1851

Goodtitle v. Otway, 7 T. R, 399. Lady Strathmore v. Bowes, Idem, 482.) … (Jackson v. Holloway, 7 John. Rep. 394 . Jackson v.