Case law

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

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 ).

Duane Thomas Loft Tenants Ass'n v. Sylvan Lawrence Co.

117 Misc. 2d 360 · New York Supreme Court · Dec 9, 1982

Assoc. v Lenox Hill Hosp., 38 NY2d 525, 528 ; Mehlman Mgt. Corp. v *367 Meyers, 51 AD2d 949 ; cf. Axelrod Co. v Duffin, NYLJ, Sept. 3, 1982, p 6, col 1). … The clear purpose of the statutory enactment is to confer upon the loft board all issues with respect to coverage, including rent disputes *368 and to remove these matters from the courts (see Axelrod Co. v Duffin, NYLJ,

Coe v. Schultz

2 Abb. Pr. 193 · New York Supreme Court · Dec 15, 1866

Car., 184; Hart v. The Mayor, &c., of Albany, 9 Wend., 571, 588, 589, 608 , and authorities there cited; Wetmore v. Tracy, 34 Wend., 250 ). … This appears to have been Justice Iugbaham’s construction of the act, in Mayor, &c., of New York v. The Board of Health, One part of the opinion of Judge Daly in Cooper v.

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.

People v. Gates

196 Misc. 770 · New York Supreme Court · Nov 7, 1949

Justice Bergan in Matter of Rentz v. … The provision in subdivision 1 for the reconvening of the board of inspectors of election “ if necessary ” (italics mine) has no applicability here since it is not necessary to reconvene such board in order to strike respondent

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.

Nistal v. Hausauer

203 Misc. 89 · New York Supreme Court · Jul 30, 1952

Smith v. Hoffman ( 166 N. … The discharge board has no power to make a judicial determination, as did the examining board in the People ex rel. Smith v. Hoffman case (supra), or as does a court-martial (People ex rel. Higgins v.

County of Onondaga v. Aungier

141 Misc. 809 · New York Supreme Court · Oct 30, 1931

(Moore v. Mayor, 73 N. Y. 238 ; People ex rel. Griffiths v. Board of Supervisors, 143 App. Div. 722 ; Vermeule v. City of Corning, 186 id. 206; Peterson v. Mayor, 17 N. Y. 449 ; Benedict v. Van Dusen, 221 App. … Div. 304 ; Abells v. City of Syracuse, 7 id. 501.)

Ierna v. Maranzano

28 Misc. 2d 231 · New York Supreme Court · Feb 24, 1961

(Werking v. Amity Estates, 2 N Y 2d 43.) In the instant case, plaintiff has assumed that burden by presenting his tax bills and the affidavit of the Chairman of the Board of Assessors. … Cooper v.

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.)

In re Kline

17 Misc. 672 · New York Supreme Court · Jul 15, 1896

Bank v. Cromwell, 102 N. Y. 477 ; People v. R., W. & O. R. R. Co., 103 id. 95. … When the inspectors had made and signed the statement their duties had been fully discharged and they became ftmctus officio as a board. People ex rel. Gaige v. Reardon, 49 Hun, 425 , 430; People ex rel. Russell v.

Silberman v. Katz

54 Misc. 2d 956 · New York Supreme Court · Oct 17, 1967

In Matter of Kupferman v. … (See, also, Mills v. Sweeney, supra).

People v. New York & Staten Island Ferry Co.

14 N.Y. Sup. Ct. 105 · New York Supreme Court · Mar 15, 1876

(See opinion of Brown, J., in Lowndes v. Dickerson, 31 Barb., 586 .) But while I have no doubt of the validity of the grant, I have none either as to the power of' the legislature to pass the act of 1857. … Lawrence, 2 Hun, 163 ; Gilman v. Philadelphia, 3 Wall., 724 ; Gould v. Hudson R. R. R. Co., 6 N. Y., 522 .)

Society Milion Athena, Inc. v. Natlional Bank of Greece

166 Misc. 190 · New York Supreme Court · Dec 20, 1937

Law Rev. 749; Decision [1913], Brown-Ketcham Iron Works v. Swift & Co., 53 Ind. App. 630 ; 100 N. E. 584 ; 13 Col. Law Rev. 439.) … The affidavits in reply state that the Hellenic Bank Trust Company and National Bank of Greece are separate and distinct corporations; that the affairs of the Hellenic Bank Trust Company are managed by its independent board

Dell Publishing Co. v. Ultem Publications, Inc.

171 Misc. 159 · New York Supreme Court · May 17, 1939

Co. v. DuPont Pub. Co. (14 F. [2d] 158), College Humor sought to restrain the use of “ College Comics.” … , defendants also began to use the brown tone.