Case law

O'Brien v. Caso

75 Misc. 2d 316 · New York Supreme Court · Jun 21, 1973

Such grievance procedure need not be utilized when “ the board is without authority to act. ’ ’ The grievance board would be unable to afford petitioner any relief in this case, since it is the county which is withholding … (See, generally, Matter of Antonopoulou v. Beame, 32 N Y 2d 126.)

Cervini v. Shorten

12 Misc. 2d 721 · New York Supreme Court · May 4, 1956

The provisions of section 500 of article V of snch ordinance prescribe that the maximum percentage of coverage of plot by the building area of all buildings in an R-6 Residence District is 25% of such plot. … The appeal was heard by such board on January 10,1956 and the board rendered its decision sustaining the building inspector and denying the petitioner’s appeal on January 13,1956.

Heilmann v. Powelson

101 Misc. 230 · New York Supreme Court · Sep 15, 1917

Justice Mullan in the case of Saqui v. Wiricks, N. Y. L. J., Sept. 7,1916. The Michigan ease (Brown v. … See the dissenting opinion of Judge Vann in Wright v. Hart, 182 N. Y. 330, 356 , which was adopted and approved by the Court of Appeals in the later case of Klein v. Maravelas, 219 id. 383, 387 .

Corkhill v. Landers

44 Barb. 218 · New York Supreme Court · Sep 5, 1865

(Wendell v. Van Rensselaer, 1 John. Ch. 343. Town v. Needham, 3 Paige, 545 . Thompson v. Blanchard, 4 Comst. 303. Baldwin v. Brown, 16 N. Y. Rep. 359 .) … (Crary v. Goodman, 2 N. Y. Rep. 266 .) A new trial must therefore be denied. Hew trial denied. Johnson, E. Darwin Smith and James 0. Smith, Justices.J

Farulla v. Freundlich, Inc.

152 Misc. 761 · New York Supreme Court · Aug 27, 1934

The contending parties were called together by the New York Regional Labor Board, an agency created under the National Industrial Recovery Administration. … (Schlessinger v. Quinto, 201 App. Div. 487 ; Goldman v. Cohen, 222 id. 631 .) The agreement, in so far as it provides for a “ closed shop,” does not violate the law as a monopoly.

Parochial Bus System, Inc. v. Parker

71 Misc. 2d 491 · New York Supreme Court · Aug 30, 1972

, school board associations, or the New York State School Boards Association, Inc. … Jur., Administrative Law, § 100, p. 442; Troop v. Knickerbocker Vil., 205 Misc. 200 , affd. 284 App. Div. 935 ). The acts of the Commissioner were lawful and not arbitrary or capricious. The petition is dismissed. .

Shenker v. Shenker

18 Misc. 2d 606 · New York Supreme Court · Jun 10, 1959

Y. 341 ; Bell v. Little, 204 App. Div. 235 , affd. 237 N. Y. 519 ; Sodero v. Sodero, 56 N. Y. S. 2d 823; Matter of Caeti, 207 Misc. 353 ]; others hold that it is the State wherein the marriage is performed [Brown v. … Brown, 282 App. Div. 726 , affd. 306 N. Y. 788 ; Apelbaum v. Apelbaum, 7 A D 2d 911].)

Finklestein v. New York Central & Hudson River Railroad

48 N.Y. Sup. Ct. 34 · New York Supreme Court · Jun 15, 1886

(Richardson v. The New York Central R. R. Co., 45 N. Y., 846 ; Eaton v. The Erie Ry. Co., 51 id., 544; Weber v. The N. Y C. and H. R. R. R. Co., 58 id., 451; Dyer v. The Erie Ry. Co., 71 id., 228 ; Ryan v. N. Y. … (Thurber v. The Harlem Bridge, M. and F. R. R. Co., 60 N. Y., 326 , and cases there cited by Allen, J., pp. 335, 336; McGovern v. N. Y. C. and H. R. R. R. Co., 67 id., 417, 420 ; Byrne v. N. Y. C. and H. R. R. R.

Barrett v. Wojtowicz

94 Misc. 2d 379 · New York Supreme Court · May 1, 1978

They contend, however, that only in the event that a victim recovers a money judgment within that five-year period is he eligible to apply to the board for the escrow funds. … While CPLR liberality will permit accepting any theory presented in the complaint that would qualify the allegations as a cause of action (Curren v O’Connor, 304 NY 515 ), in this instance, the court, even with the most tortuous

Eighth Avenue Coach Corp. v. City of New York

170 Misc. 243 · New York Supreme Court · Feb 28, 1939

Co. v. Walsh, 211 N. Y. 90, 100 .) … See, also, Manson v.

Leighton v. New York Telephone Co.

184 Misc. 827 · New York Supreme Court · May 3, 1945

Corp. v. Thacher ( 271 N. … Corp. v. N. Y.

Joslyn v. State Insurance Fund

156 Misc. 2d 796 · New York Supreme Court · Dec 18, 1992

On July 10, 1992 the Workers’ Compensation Board filed its decision that the accident, notice and causal relationship had been established for his brain injury and fractured leg and head, and the Board found that he was entitled … Chemical Leaman Tank Lines, 136 AD2d 937 ; Merrill v Moultrie, supra).

County of Rockland v. Town of Clarkstown

167 Misc. 2d 367 · New York Supreme Court · Jan 10, 1996

Further, section 501 (1) provides that "[T]he county attorney shall be the legal advisor to the board of supervisors”. … Pursuant to Municipal Home Rule Law § 33 *370 the Board of Supervisors of any county has the power to adopt a County Charter.

Samper v. University of Rochester Strong Memorial Hospital

139 Misc. 2d 580 · New York Supreme Court · Jun 19, 1987

The definition of an "employer” as utilized in section 296 of *583 the Executive Law was examined by the Fourth Department in State Div. of Human Rights v Board of Coop. Educ. Servs. ( 98 AD2d 958 [4th Dept 1983]). … (Board of Curators, Univ. of Mo. v Horowitz, 435 US 78 [1978].) Dr. Samper claims a deprivation of her rights in connection with the events leading up to and including the January 25, 1985 meeting, called by Dr.

Domanick v. Triboro Coach Corp.

173 Misc. 911 · New York Supreme Court · Mar 25, 1940

(Erhardt v. Boare, 113 U. S. 537 ; Montana State Federation of Labor v. School District No. 1, 7 F. Supp. 82 ; Survel Realty Corp. v. Brooklyn Edison Co., 139 Misc. 113 ; Railway Employees’ Co-op. Assn. v. … (National Labor Relations Board v. Jones & Laughlin S. Corp., 301 U. S. 1, 34 .)

Framingham Trust Co. v. Villard

74 Misc. 204 · New York Supreme Court · Nov 15, 1911

Justice Bischoff in Bull v. Qualley, based upon the case of Delmar v. … Brown from his liability upon his own note.

McKesson v. Russian Co.

27 Misc. 96 · New York Supreme Court · Apr 15, 1899

Instead of moving to strike out the demurrer, which would be the proper practice (Cobb v. Frazee, supra; Spellman v. Weider, 5 How. Pr. 5 ; Smith v. … Brown, 6 id. 383), they have moved to compel the defendant to. elect whether it will abide by its answer or by the demurrer.

Kingdom of Sweden v. New York Trust Co.

197 Misc. 431 · New York Supreme Court · Dec 14, 1949

The letter of credit is a wholly independent contract (American Steel Co. v. Irving Nat. Bank, 266 F. 41 ; Lamborn v. Lake Shore Banking & Trust Co., 196 App. Div. 504 , affd. 231 N. Y. 616 ; Imbrie v. D. … Corp. v. Merrill, 332 U. S. 380 ; Guaranty Trust Co. v. United States, 304 U. S. 126, 136 ; Queensboro Nat. Bank v. Kelly, 48 F. 2d 574 ; Studer v. Bleistein, 115 N. Y. 316 ; Gass v. Wetmore, 238 App.

Smith v. City of Buffalo

35 N.Y.S. 635 · New York Supreme Court · Oct 16, 1895

Board of Assessors, 111 N. Y. 509 , 19 N. … People v. Loehfelm, 102 N. Y. 1 , 5 N. E. 783 ; Pomfrey v. Village of Saratoga Springs, 104 N. Y. 459 , 11 N. E. 43 .

People ex rel. Bowles v. Burrell

14 Misc. 217 · New York Supreme Court · Oct 15, 1895

Everett v. Board of Supervisors of Ulster County, 93 N. … The town itself can contract no'liability, in this state, except • such as the law permits (Lorillard v. Town of Monroe, 11 N. Y. 392 ; Wells v. Town of Salina, 119 id. 280; Morson v.