Case law

Valentine v. Applebee

33 N.Y.S. 762 · New York Supreme Court · May 13, 1895

BROWN, P. J. The complaint in this action was dismissed as to-the defendant Alice B. Applebee upon the ground that it did not state a cause of action against her. … Jones v. Walker, 63 N. Y. 612 ; Travis v. Scriba, 12 Hun, 391 ; Bannen v. McCahill (Sup.) 8 N. Y. Supp. 916 ; Ainsley v. Mead, 3 Lans. 116 . The agency of the husband cannot be presumed; it must be alleged and proved.

Bardon v. Town of North Dansville

134 Misc. 2d 927 · New York Supreme Court · Jan 20, 1987

Accordingly, the date of actual submission of the UDAG applications is the date upon which the administrative determinations of the Town Boards became "final” and had an impact upon the petitioners (cf, Matter of Gates v … As noted by the Appellate Division, Second Department, in Matter of Shiff v Board of Estimate ( 122 AD2d 57, 58-59 ): "The State Environmental Quality Review Act * * * was enacted to insure that 'agency decision makers —

Knowlton v. Mickles

29 Barb. 465 · New York Supreme Court · Feb 14, 1859

Van Cortlandt v. Underhill, ( 17 John. 405 ,) was a case of this kind. Ch. J. … Lott, Emott and Brown, Justices.]

People ex rel. Bassett v. Warden

17 Misc. 1 · New York Supreme Court · Apr 15, 1896

Wynehamer v. People, 13 N. Y. 378 ; Bertholf v. O’Reilly, 74 id. 509-20 . … to be appointed -under the act for the period intervening between the 3.0th day óf April, 1896, when such boards are abolished, and the 30th day. of June, 1896, when all licenses are terminated.

People v. McCumber

27 Barb. 632 · New York Supreme Court · Jan 11, 1858

(Conklin v. Vandervoort, 7 How. Pr. Rep. 483 . Ostrom v. Bixby, 9 id. 57. Stiles v. Comstock, 9 id. 48. Catlin v. Gunter, 1 Duer, 265 . Manufacturers’ Bank of Rochester v. Hitchcock, 14 How. 406 .) … (Hance v. Rumming, 1 Code R. N. S. 204. 2 E. D. Smith’s Rep. 48. Chapman v. Palmer, 12 How. 38 . Fales v. Hicks, id. 153 .)

Young v. Spencerport Central School District No. 1

67 Misc. 2d 923 · New York Supreme Court · Oct 21, 1971

Board of Co-Op. Educ. Services, 34 A D 2d 881; Matter of Perry v. Board of Educ. of City of Lackawana, 34 A D 2d 1089; Chao v. Westhill Cent. School Dist., 35 A D 2d 1071; Matter of Reynolds v. Greece Cent. School Dist. … No. 1, 20 A D 2d 748; Matter of Klee v. Board of Coop. Educational Servs., 25 A D 2d 715).

Wells v. Monihan

13 N.Y.S. 156 · New York Supreme Court · Feb 4, 1891

Wicks v. Monihan, 8 N. Y. Supp. 121 . Whatever the board did, we suppose that the association of seven or more persons might still remain so far as to permit the plaintiff to bring the action. … In the case of Carnright v. Gray, 11 N. Y.

Vogel v. Schlueter

26 N.Y.S. 435 · New York Supreme Court · Dec 1, 1893

Such was the view of the court in the case of Vanderwerken v. Brown, 38 Hun, 234 , and we-concur in that view.

Levantino v. Insurance Co. of North America

102 Misc. 2d 77 · New York Supreme Court · Feb 9, 1979

Co. of Galveston, Tex., 127 F Supp 775 ; Chitty v State Farm Mut. Auto. Ins. Co., 38 FRD 37; Alabama Farm Bur. Mut. Cas. Ins. Co. v Dalrymple, 270 Ala 119; Brown v Guarantee Ins. … Co., supra; Brown v Guarantee Ins. Co., 155 Cal App 2d 679, supra; Smith v State Farm Mut. Auto. Ins. Co., 278 F Supp 405 ).

Village of Pomona v. Creative Corners, Ltd.

86 Misc. 994 · New York Supreme Court · Jun 8, 1976

The village board of trustees has not retained to itself the power to grant variances, special permits or approve uses (see Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20 ; Matter of Belclaire Holding Corp. v Klingher, … The village board of trustees, by legislatively delegating zoning powers to the zoning board of appeals without reserving such powers to itself, could not usurp the jurisdiction of the zoning board and building inspector

Fogarty v. Warden

191 Misc. 916 · New York Supreme Court · Mar 2, 1948

The Mayor *920 and Councilmen are elective officers, as are the members of the Board of Estimate of the City of New York. That board is composed of elective officers who act as a body, as the Council does. … Yet, very early, in Matter of McCabe v. Voorhis ( 243 N.

Fifth Avenue Ass'n v. Lindsay

73 Misc. 2d 111 · New York Supreme Court · Mar 5, 1973

County, 1943]; Wakefield v. Fargo, 90 N. Y. 213 [1882]). … The respondents have conceded —here, and in other proceedings (see Corbett v. Sidamon Eristoff, N. Y. L. J., June 17, 1971, p. 16, col. 7 [Sup. Ct., N. Y.

Shapiro v. Town of Oyster Bay

27 Misc. 2d 844 · New York Supreme Court · Feb 28, 1961

Zoning is a legislative *847 function vested in the municipal governing body, in this case, the Town Board. … Oases such as Dowsey v. Village of Kensington ( 257 N. Y. 221 ); Matter of Isenbarth v. Bartnett ( 206 App. Div. 546 , affd. 237 N. Y. 617 ), and Evanns v. Gunn ( 177 Misc. 85 , affd. 262 App.

Gorlin v. Master Contracting Corp.

15 Misc. 2d 1 · New York Supreme Court · Oct 20, 1958

Plaintiff’s bill of particulars had cited certain rules of the State Industrial Board as having been violated. … (Martin v. Herzog, 228 N. Y. 164 ; Rufo v. Orlando, 309 N. Y. 345 .)

County of Suffolk v. Grumman Aerospace Corp.

181 Misc. 2d 531 · New York Supreme Court · Aug 2, 1999

In support of this contention, Grumman relies upon the Court of Appeals decision in Matter of Grumman Aircraft Eng’g Corp. v Board of Assessors (supra). … 416 [1st Dept 1995]; Matter of Board of Mgrs. v Board of Assessors, 202 AD2d 417 [2d Dept 1994]).

Sprague v. City of Rochester

34 N.Y.S. 1126 · New York Supreme Court · Jun 21, 1895

As the executive board imposed these duties upon Moore, or he exercised them with the consent of the executive board, he represented the board in that regard. … The defendant claims that this court in Smith v. City of Rochester, 79 Hun, 174 , 29 N. Y. Supp. 539 , have settled the legal questions involved upon this motion in favor of the defendant.

Pansmith v. Williams

201 Misc. 759 · New York Supreme Court · Jun 19, 1951

(Matter of Felice v. Swezey, 278 App. Div. 958 ; Matter of Schlobohm v. Municipal Housing Authority for City of Yonkers, 270 App. Div. 1022 , affd. 297 N. Y. 911 ; Matter of Sylvester v. Mescall, 277 App. … Div. 961 ; Matter of Rivette v. Baker, 265 App. Div. 89 ; Matter of Smith v. Dillon, 267 App. Div. 39 ; 55 C. J. S., Mandamus, § 201, subd. c, p. 390.)

Kuhn v. Delaware, L. & W. Railroad

36 N.Y.S. 339 · New York Supreme Court · Dec 26, 1895

Some other questions were propounded, of a similar nature, relating to the nature and character of hemlock, and the strength of inch boards. … In the course of the charge delivered by the judge, he referred to the rule laid down in Stringham v. Hilton, 111 N. Y. 195 , 18 N.

Case v. First Natl. Bank of City of Brooklyn

59 Misc. 269 · New York Supreme Court · May 15, 1908

Platt v. Crawford, 8 Abb. Pr. (N. S.) 297; Milliken v. Dotson, 117 App. Div. 5 '27—529. … Bristol- v. Smith, 158 N. Y. 157 ; Wakefield v. Fargo, 90 id. 213 . The learned counsel for the defendant cites as an author *271 ity for Ms contention Harrington v. First ¡National Bank of CMttenango, 1 T. & C. 361.

City of Albany v. Albany Professional Permanent Firefighters Ass'n

66 Misc. 2d 822 · New York Supreme Court · Apr 22, 1971

A subpoena ad testificandum, as distinguished from a subpoena duces tecum, can be issued as a “matter of right” (Matter of Hirshfield v. Craig 239 N. … The Court of Appeals in Matter of Hirshfield v.