Case law

People ex rel. Robinson v. Banfield

36 Misc. 13 · New York Supreme Court · Sep 15, 1901

Williams v. Lindblom, 68 Hun, 173 ; affd., 142 N. Y. 682 ; Lyth v. Green, 21 App. Div. 300 ; Baylis v. Stimson, 110 N. Y. 621 . … Zink v. McManus, 121 N. Y. 259 .

59 Front St. Realty Corp. v. Klaess

6 Misc. 2d 774 · New York Supreme Court · Jan 29, 1957

The court will not instruct the board of appeals upon its duties at this time. … Pennsylvania Coal Co. v. Mahon ( 260 U. S. 393, 416 ) seems particularly appropriate to this situation.

Failla v. Failla

81 Misc. 2d 959 · New York Supreme Court · Apr 28, 1975

(Stafford v Stafford, 27 Misc 2d 9 ; Kuhlman v Kuhlman, 58 NYS2d 269 .) … (See Brown v Brown, 39 AD2d 540 ; Kover v Kover, Miraldi v Miraldi, Dulber v Dulber, decided together at 29 NY2d 408, 413 .)

People ex rel. Carter v. French

2 N.Y. St. Rep. 608 · New York Supreme Court · Jun 28, 1886

Sims v. Fire Commissioners, 73 N. … —As the board fully acquainted itself with the evidence before it was acted upon, the omission first to have it written out was not prejudicial to the relator.

House v. Lalor

119 Misc. 2d 193 · New York Supreme Court · May 2, 1983

House would have to show that the Co-op had an affirmative duty to act (Wagner v Manufacturers Trust Co., 237 App Div 175 , affd 261 NY 699 ). This she has wholly failed to do. … In many instances in New York City, banks arranging to finance groups of apartments in the process of going co-operative have the Co-op board sign a recognition agreement, pursuant to which the Co-op board recognizes in advance

Brush Electric Illuminating Co. v. Consolidated Telegraph & Electrical Subway Co.

15 N.Y.S. 81 · New York Supreme Court · Jun 15, 1891

It does not appear, however, that the board have ever acted under this authority. … The • distinction between a license and an easement is stated in Wiseman v. Lucksinger, 84 N.

DeStefano v. Borkowski

57 Misc. 3d 498 · New York Supreme Court · Aug 16, 2017

(Lerman v Board of Elections, supra, at 149). We, therefore, find that Supreme Court’s dismissal of the petition was proper.” 26 (Matter of La Brake v Dukes, 286 AD2d 554, 555 [3d Dept 2001], affd 96 NY2d 913 [2001].) … (Berkowitz v Harrington at 1003.)

Rockefeller v. Taylor

28 Misc. 460 · New York Supreme Court · Jul 15, 1899

New England Dressed Meat & Wool Co. v. Roberts, 155 N. … McMillen v. Vanderpoel, 35 App.

Goldstein v. Urstadt

74 Misc. 2d 540 · New York Supreme Court · Oct 30, 1972

*541 said board of directors, is unconstitutional, illegal, arbitrary and capricious, and that any action taken or to be taken by the newly appointed board be adjudged a nullity. … Cooper Union v. Gass, 190 N. Y. 323, *544 328 ; Lord v. Equitable Life Assur. Soc. of U. S., 194 N. Y. 212, 227 ).

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. .

Marcatante v. Lundy

8 Misc. 2d 313 · New York Supreme Court · Oct 21, 1957

Justice Deyo in Matter of Kerns v. Whiting ( 187 Misc. 656 ). … (Matter of Buchler v. Cohen, 242 App. Div. 803 , affd. 265 N. Y. 605 .) Accordingly, I hold that the petition originally nominating Mr. Latham was invalid.

Mapes v. Swezey

199 Misc. 997 · New York Supreme Court · May 7, 1951

Y. 911 ; Matter of Sylvester v. Mescall, 277 App. Div. 961 ). … (Condon v. Associated Hosp. Service, 287 N. Y. 411, 414 .) The board of trustees of the Village of Patchogue consists of a Mayor and six trustees.

Roth v. Robertson

64 Misc. 343 · New York Supreme Court · Aug 15, 1909

Holmes, Booth & Hayden v. Willard, 125 N. Y. 79 ; Austin v. Daniels, 4 Den. 299 ; Hun v. Cary, 82 N. Y. 65 ; Wormser v. Metropolitan St. R. Co., 184 id. 83 . The Court of Appeals, however, in the case of Wormser v. … He is one of the board. One of the other members of the board is his brother, and the third his uncle.

Corbitt v. Miller

43 Barb. 305 · New York Supreme Court · Mar 6, 1865

Charles v. Marsden, 1 Taunt. 224. Caruthers v. West, 11 *309 Adol. & Ellis, 143. Sturtevant v. Ford, 4 Man. & G. 101. Thompson v. Shepherd, 12 Metc. 311 .) In Charles v. … (Brown v. Mott, 7 John. 361 .) The question then arises, whether there has been any such misappropriation of the note as to constitute a defense in favor of an accommodation maker.

Lefurgy v. New York & N. R. Co.

3 N.Y.S. 302 · New York Supreme Court · Dec 13, 1888

We regard Brown v. Railroad Co., 12 N.

Rivers v. Corron

160 Misc. 2d 968 · New York Supreme Court · Dec 20, 1993

Petitioner appealed this decision to the respondent Board of Review. … (Matter of McNulty v New York State Tax Commn., 70 NY2d 788 .)

Incorporated Village v. Lynbrook Police Benevolent Ass'n

87 Misc. 2d 57 · New York Supreme Court · Jun 29, 1976

(See Professional Staff Congress/CUNY v Board of Higher Educ., 83 Misc 2d 900 ; Matter of Cardinale v Andersen, 75 Misc 2d 210, 218 ; Matter of Board of Educ. v Connetquot Teachers Assn., 74 Misc 2d 336 .) … (See Matter of Municipal Housing Auth. for City of Yonkers v New York State Public Employment Relations Bd., 46 AD2d 911 ; see, also, Matter of Board of Co-op. Educ.

In re the Town of Rutland

70 Misc. 82 · New York Supreme Court · Dec 15, 1910

Gregg as supervisor is a member and the presiding officer of the town board (5 Consol. … The answer by the LeRay town board refusing to join probably amounts to a waiver of the informality if any of the Rutland demand. Carey v. Smith, 2 N. Y. 60 .

Hattem v. Silver

19 Misc. 2d 1091 · New York Supreme Court · Aug 4, 1959

On this application to review the decision of the Zoning Board of Appeals of the City of Long-Beach, respondents move to dismiss the petition on the ground that no facts are alleged showing that petitioners are aggrieved … There must be special injury or damage to one’s personal or property rights as distinguished from the role of being only a champion of causes (Matter of Blumberg v. Hill, 119 N. Y. S. 2d 855).

In re Chamot

201 Misc. 374 · New York Supreme Court · May 3, 1951

(Unger v. Loewy, 236 N. Y. 73, 78 .) … Y. 349; Matter of Brown, 212 App. Div. 677 , affd. 240 N. Y. 646 .) Such choice should be made as, in all probability, would be made by Mrs. Chamot, if she were sane. (Matter of Hills, supra; Matter of Brown, supra.)