Case law

McSwyny v. Broadway & Seventh-Avenue Railroad

7 N.Y.S. 456 · New York Supreme Court · Nov 7, 1889

Eppendorf v. Railroad Co., 69 N. Y. 195 . … This was done in Adams v. People, 63 N. Y. 621 , as to the condition of a person’s eye-sight; and so it was in People v. Eastwood, 14 N.

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.)

Claim of Kaplan v. City of New York

17 Misc. 2d 181 · New York Supreme Court · Nov 5, 1958

For this reason the Board of Education was served with an original notice of claim and the motion papers herein on August 21, 1958. … (See Coyle v. New York City Tr. Auth., 283 App. Div. 1083 ; Oxendine v. City of New York, 11 Misc 2d 257 .) Settle order on notice.

Incorporated Village of Farmingdale v. Inglis

29 Misc. 2d 727 · New York Supreme Court · Jul 6, 1961

Justice Stoddaet wrote in Matter of Gray v. Maislen ( 17 Misc 2d 161, 162 ): “As the statute provides for a five-member board, there must be five appointed even though all need not be present to conduct a meeting.” … (See, also, Ahern v. McNab, 17 Misc 2d 162 , Hogan, J.; Matter of Clearview Gardens Fifth Corp. v. Murdock, 12 A D 2d 521; People ex rel. Henry v. Nostrand. 46 N. Y. 375, 383 .)

Petito v. Poulos

51 Misc. 2d 1081 · New York Supreme Court · Nov 9, 1966

to resolutions of the Town Board unless the Supervisor has recommended such transfer. … Surplus funds are those which have not been appropriated and section 107 gives the power to the Town Board to appropriate, commit or transfer surplus funds.

People v. Duffy

5 Barb. 205 · New York Supreme Court · Jan 15, 1849

In the case of The People v. … Brown, ( 23 Wend. 47 ,) the defendant had not been actually committed to prison before the recognizance was taken, but the record of conviction was alleged to have been made up, signed and filed ; and the court held that

Kuhn v. Delaware, Lackawanna & Western Railroad

28 N.Y.S. 883 · New York Supreme Court · May 18, 1894

Laning v. Railroad Co., 49 N. Y. 521 , 532; Corcoran v. Holbrook, 59 N. Y. 517 .”' … Ellis v. Railroad Co., 95 N. Y. 546 ; Slater v. Jewett, 85 N. Y. 62 .”

Lawson v. Cornelius

35 Misc. 2d 816 · New York Supreme Court · Sep 6, 1962

rules and regulations of said Board of Police may prescribe. … The board adopted a rule providing for notice of “ two days before the rial ”.

White v. Williams

48 Barb. 222 · New York Supreme Court · Jan 7, 1867

So in Smith v. … A large number of cases sustaining this principle may be found in Co wen & Hill’s Notes, (p. 1378,) and the same rule is stated by Selden, J. in Baldwin v. Brown, ( 16 N. Y.

Holmes v. Rankin

17 Barb. 454 · New York Supreme Court · Mar 6, 1854

The claim of the defendant in this case for boarding the testatrix and her daughter was in every sense uncertain and unliquidated. … The cases of Lush v. Druse, Van Rensselaer v. Jones, and Van Rensselaer v.

Smith v. Blagge

1 Johns. Cas. 285 · New York Supreme Court · Jan 15, 1800

Craig v. Brown, 1 Peters' C. C. R. 352. Tipton v. Mayfield’s curator, 10 Lou. R. (by Curry,) 189, 193. United States v. Wood, 2 Wheel. Crim. Cas. 328. Conklin’s Treat. 256. Drummond v. Magruder, 9 Cranch, 122, 125 . … Barbour v. Watts, 3 Marsh. Ken. R. 292. See Henthorn v. Doe, 1 Blackf. 160 ; id. 164 , note (2); Hence, a mere certificate verifying the hand-writing of the clerk is' not enough. Craig v. Brown, supra.

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.

In re Whitman

174 Misc. 1087 · New York Supreme Court · Aug 30, 1940

Aggrieved by what he believes was unjustified, arbitrary and illegal conduct on the part of the board of elections in rejecting his designating petitions, the suppliant herein invokes this court to compel the said board in … (Matter of Kollock v. Russell, 162 Misc. 299 ; Matter of McKague v. Pearsall, 277 N. Y. 333 .)

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).

People ex rel. Osborne v. Gilon

9 N.Y.S. 563 · New York Supreme Court · Dec 19, 1889

It can only set the board of assessors in motion where it has refused to act. People v. Common Council, 78 N. Y. 33 , and cases cited by Rapallo, J. … It was held by the court of appeals in Lathers v. Keogh, 109 N. Y. 583 , 17 N. E.

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.

Otto Gerdau Co. v. Bowne-Morton's Stores, Inc.

208 Misc. 748 · New York Supreme Court · Oct 5, 1955

Weller v. Camp, 169 Ala 275; 52 So 929. Bertig v. Norman, 101 Ark 75 ; 141 SW 201 . Glover v. Spraker, 50 Idaho 16 ; 292 Pac 613 . Cross v. Brown, 41 NH 283. Hansen v. Oregon-Wash. R. & N. … In Lopez v.

Carpenter v. Muren

42 Barb. 300 · New York Supreme Court · May 9, 1864

(Waterbury v. Sturtevant, 18 Wend. 353 .) Bo such purpose can be inferred from the evidence, and the referee has found that it did not exist. … Brown, Scrugham, Lott and .F. Barnard, Justices.]

Walton v. New York State Department of Correctional Services

18 Misc. 3d 775 · New York Supreme Court · Dec 14, 2007

Co. v. Public Utilities Comm., 34 Cal. 2d 822 , 832, supra; see New Jersey Bell Tel. Co. v. Board of Pub. Utility Comrs., 12 N. J. 568, 592, supra; cf. Southwestern Elec. Power Co. v. … Violation of the Equal Protection Clause (Count IV) Count IV alleges a violation of petitioners’ rights to equal protection under NY Constitution, article I, § ll. 10 As stated in Brown v State of New York ( 45 AD3d 15 [3d

Pryer v. Pryer

126 N.Y.S. 393 · New York Supreme Court · Dec 27, 1910

of Home Missions of the Presbyterian Church, the Board of Foreign Missions of the Presbyterian Church, the Board of Missions for Freedmen, of the Presbyterian Church, the Women’s Board of Home Missions of the Presbyterian … Leach v. Godwin, 198 N. Y. 35 , 91 N. E. 288 . The duration of the trust as to the real estate created by the twenty-sixth clause of the will is expressly limited by two lives in being, to wit, Harold C.