Case law

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.

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.

Schauf v. City of New York

23 Misc. 2d 585 · New York Supreme Court · Jan 25, 1960

For the previous three years the room had been rented directly by the superintendent of the building to the Board of Elections, the superintendent receiving payment from the Board of Elections, which money, with the consent … See, also, Schieffelin v. Komfort, 212 N. Y. 520, 528 ; Matter of Daly v. Board of Elections of City of N. Y., 254 App. Div. 914 , affd. 279 N. Y. 743 ; O’Brien v. City of Saratoga Springs, 224 App. Div. 124 ; Alves v.

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.

Lippman v. Shaffer

15 Misc. 3d 705 · New York Supreme Court · Nov 2, 2006

Thus, the business judgment rule is not applicable to actions taken by a board in excess of its contractual authority. (40 W. 67th St. v Pullman, 100 NY2d 147 , 157 n 8 [2003]; Ludwig v 25 Plaza Tenants Corp., 184 AD2d 623 … Corp. v Pullman, 100 NY2d at 157 n 8, citing Louis & Anne Abrons Found. v 29 E. 64th St. *713 Corp., 297 AD2d 258 [1st Dept 2002] [tenant raised genuine issues of material fact as to whether board acted in bad faith in imposing

Badgley v. Decker

44 Barb. 577 · New York Supreme Court · Nov 21, 1865

In Clark v. Fitch, ( 2 Wend. 459 ,) there was no proof of actual loss, and Martin v. Payne, ( 9 John. 387 ,) was decided upon the ground that none was necessary; and in Hewit v. … Bennett v. Allcott, 2 T. R. 166. Irvin v. Dearman, 11 East, 23. Moran v. Dawes, 4 Cowen, 412. Harper v. Luffkin, 1 Barn. & Cres. 387. Lipe v. Eisenlerd, 32 N. Y. Rep. 229 .)

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

Ford v. Mayor

26 Misc. 292 · New York Supreme Court · Feb 15, 1899

Golden v. Roosevelt, 24 App. Div. 17 . … Matter of Gertum v. Board of Supervisors, 109 N. Y. 170 .

Wayne & Ontario Collegiate Institute v. Devinney

43 Barb. 220 · New York Supreme Court · Dec 5, 1864

The questions raised upon the motion for a nonsuit, on the trial of this action, have all, in substance, been previously disposed of in the case of The same plaintiffs v. Smith, ( 36 Barb. 576 ,) and The Same v. … The defendant offered to show that a board of trustees was elected at Marion by the Wayne County Baptist Association; that there was no adjournment of the board to Palmyra; that no trustees were elected at Macedón or Palmyra

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.)

Town of Hempstead v. Merrick Woods School, Inc.

13 Misc. 2d 369 · New York Supreme Court · Jun 27, 1958

It appears that on May 25,1956 the enterprise conducted by the defendants was granted a provisional charter by the State Board of Regents, and that on April 25, 1958 this charter was amended by the Board of Regents to authorize … They cite Incorporated Vil. of Lloyd Harbor v. Town of Huntington (4 N Y 2d 182); Matter of Diocese of Rochester v. Planning Bd. of Town of Brighton (1 N Y 2d 508) and other cases as authority.

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.

Nechis v. Gramatan Gardens, Inc.

35 Misc. 2d 949 · New York Supreme Court · Aug 3, 1962

As Judge Edgcomb pointed out in Winter v. Anderson ( 242 App. Div. 430, 431 ): ‘1 Before discussing the facts, it may be well to briefly refer to the duty which the individual defendants owed to their corporation. … The court notes the similarity of the situation described in City Bank, Farmers Trust Co. v. Hewitt Realty Co. ( 257 N.

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.

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).

Armstrong v. Hayden

126 Misc. 786 · New York Supreme Court · Mar 24, 1926

(Colby v. Equitable Trust Co., 124 App. Div. 262 ; affd., 192 N. Y. 535 .) … (See, also, Flynn v. Brooklyn City Railroad Co., 158 N. Y. 493 ; Schwab v. Potter Co., 129 App. Div. 36 ; affd., 194 N. Y. 409 ; Colby v. Equitable Trust Co., supra.)

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.

Hammitt v. Gaynor

82 Misc. 196 · New York Supreme Court · Sep 15, 1913

Clarke v. City of Rochester, 28 N. Y. 605, 634 ; MacMullen v. City of Middletown, 187 id. 37, 41, 43; Scott v. Village of Saratoga Springs, 199 id. 178. … Koster v. Coyne, 184 N. Y. 194 .