Case law

Martin v. W. J. Johnston Co.

17 N.Y.S. 133 · New York Supreme Court · Dec 31, 1891

This was the nature of the affidavit used to oppose the motion in People v. Board, 46 Hun, 296 , and People v. Cromwell, 102 N. Y. 477 , 7 N. E. Rep. 413. Mr. … Johnston’s affidavit was more in the nature of the statements held to be inoperative, by way of the creation of an issue, in People v. Common Council, 77 N. Y. 503 ; People v. Board, etc., (Sup.) 6 N. Y.

Town of Porter v. Chem-Trol Pollution Services, Inc.

91 Misc. 2d 42 · New York Supreme Court · Jul 29, 1977

(See Town of Union v J & M Pallet Co., 50 AD2d 628 , City of Yonkers v Rentways, 304 NY 499 .) … (Sheafer v Breen, 263 App Div 135 ; Orr v Baltimore & Ohio R.R. Co., 168 App Div 548 .)

Haynes v. McGrath

16 Misc. 2d 76 · New York Supreme Court · Apr 7, 1951

(Thayer v. … While the appointment of the nominee rests exclusively with the Board of Supervisors and may be rejected (Matter of Thomas v. Wells, 288 N.

Wyrostok v. Town of Hempstead

16 Misc. 2d 554 · New York Supreme Court · Jun 6, 1958

Board of Zoning Appeals, 301 N. Y. 86 ). … In O’Brien Transfer & Storage Co. v.

Crozier v. United States Steel Corp.

144 Misc. 727 · New York Supreme Court · May 9, 1932

(Lehr v. Sarason, 224 App. … (Livermore v. Bainbridge, 49 N. Y. 125 . See Willetts v. Browning, 198 App. Div. 551 .) *729 The res is here and an action for the determination of the conflicting r.laims to the res is pending here.

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

Lasker v. Moreida

38 Misc. 2d 348 · New York Supreme Court · Feb 15, 1963

In West View Hills v. … Iron & Steel Co. v. Lefkowitz, 7 A D 2d 647; Hatch v. Visual Enterprises, 279 App. Div. 1083 ; Grobman v. Freiman, 3 Misc 2d 656, 660 .)

Feller v. Egelhofer

22 Misc. 2d 445 · New York Supreme Court · Oct 21, 1953

the General Executive Board unless reversed by action of the General Executive Board.” … (Steinmiller v. McKeon, supra; Fitzgerald v. Abramson, 89 F. Supp. 504 .)

Wetteland v. Reyna Construction Co.

42 Misc. 2d 991 · New York Supreme Court · Sep 25, 1963

See Zucchelli v. City Constr. … In Chaney v. New York City Tr.

Grant v. George C. Treadwell Co.

31 N.Y.S. 702 · New York Supreme Court · Dec 14, 1894

. * * * He shall preside at all the meetings of the board, and generally he shall perform all duties appertaining to the office of president.” … In National Spraker Bank v. George C. Treadwell Co., 80 Hun, 363 , 30 N. Y.

Eastern Paralyzed Veterans Ass'n v. Metropolitan Transportation Authority

117 Misc. 2d 343 · New York Supreme Court · Dec 22, 1982

limit expenditures as the board determined on August 19, 1982. … (Gambar *354 Enterprises v Kelly Servs., 69 AD2d 297 ; Albini v Solork Assoc., 37 AD2d 835 .) Plaintiffs have met this burden.

Clapp v. Meserole

38 Barb. 661 · New York Supreme Court · Feb 9, 1863

By the Court, Brown, J. … Emott, Brown and Lott, Justices.]

John Kennedy & Co. v. New York World's Fair 1939 Inc.

174 Misc. 729 · New York Supreme Court · May 2, 1940

The code referred to (Laws of 1936, chap. 544, § 3) was to be prepared by the Fair Corporation, submitted to the board of estimate and apportionment for approval, and if it was approved by such board, it might by such board … In support of this contention, the city quotes Leonard v. City of Brooklyn ( 71 N. Y. 498 ) as follows: “ In Darlington v. Mayor ( 31 N.

People ex rel. Barron v. Martin

20 N.Y.S. 585 · New York Supreme Court · Oct 15, 1892

should be present when the board was to act as a board; where there were four inspectors, that at least three should be present, and three should determine the questions that the board, as a board, had to determine. … In Railroad v. Roach, 80 N.

People v. Dziegiel

140 Misc. 145 · New York Supreme Court · Jan 10, 1931

(People v. Neidhart, 35 Misc. 191 ; People v. Both, 118 id. 414.) … (People v. Brown, 193 App. Div. 203 ,. 210; People v. Neidhardt, supra.)

Smith v. Albertson

201 Misc. 940 · New York Supreme Court · Feb 11, 1952

(Seafire, Inc., v. Ackerson, 193 Misc. 965 , affd. 275 App. Div. 717 , affd. 302 N. Y. 668 .) This decision was based on many facts not in the case at bar. … Tax laws, Eke other special laws affecting property of individuals, must be strictly construed (Sharp v. Speir, 4 Hill 76 , 86).

Rowe v. Lansing

6 N.Y.S. 777 · New York Supreme Court · Jul 6, 1889

Isenthart v. Brown, 1 Edw. Ch. 411 ; Cole v. Niles, 3 Hun, 326 ; Williamson v. Williamson, 6 Paige, 298 ; Flynn v. Croniken, 9 How. Pr. 214 . Such a legacy does not abate. Id. … The case of Delaney v. Van Aulen, 84 N. Y. 16 , is cited in opposition to the views above expressed.

Lieberman v. Lieberman

149 Misc. 2d 983 · New York Supreme Court · Jan 25, 1991

The courts will not sit as courts of review of the merits of an arbitration award (see, Matter of Board of Educ. v Dover-Wingdale Teachers’ Assn., supra) or of the procedural standards used by the arbitrators (see, Board … Matter of Board of Educ. v Mt.

People ex rel. Albany Land Imp. & Bldg. Co. v. Maher

9 N.Y.S. 124 · New York Supreme Court · Feb 24, 1890

Radcliff’s Ex'rs v. Mayor, etc., 4 N. Y. 195 . … If the relator objects to the deposit of the slope of the embankments upon its land, there is, as was said in Moore v. City of Albany, 98 N.

People ex rel. Slater v. Denna

40 Misc. 2d 717 · New York Supreme Court · Oct 10, 1963

Natoli v. Lewis, 287 N. Y. 478, 482 ). … No constitutional right of the petitioner was invaded by the action of the Parole Board (cf. People ex rel. Oddo v. Fay, 16 A D 2d 932, affd. 13 N Y 2d 762). The writ is dismissed on the merits.