Case law

People ex rel. Buffalo, R. & P. Railway Co. v. Duguid

22 N.Y.S. 988 · New York Supreme Court · Apr 13, 1893

People v. Tax Com’rs, 99 N. Y. 254 , 1 N. E. Rep. 773; People v. Adams, 125 N. Y. 471 , 26 N. E. Rep. 746; People v. Dolan, 126 N. Y. 166 , 27 N. E. Rep. 269; same case in supreme court, 11 N. Y. Supp. 35 ; People v. … Dig. 101 ; People v. Assessors of Middletown, 64 Hun, 167 , 19 N. Y. Supp. 142 .

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.

Woolsey v. Trustees of Village of Ellenville

32 N.Y.S. 543 · New York Supreme Court · Feb 12, 1895

This evidence was not of the character condemned in Clapper v. Town of Waterford, 131 N. Y. 382 , 30 N. E. 240 , and Lane v. Town of Hancock, 142 N. Y. 510 , 37 N. E. 473 . … Subdivision 1 of this section provides for the proceedings of the board of health created by that chapter.

Monroe v. Hoff

5 Denio 360 · New York Supreme Court · May 15, 1848

(Porter v. Talcott, 1 Cowen, 383, per Sutherland, J.) … The case of Butler V. Haight, ( 8 Wend. 535 ,) decides this case. It is true that the guarantee is void, (Hunt v. Brown, 5 Hill, 145 ; Packer v.

Harris v. Averick

24 Misc. 2d 1041 · New York Supreme Court · Mar 23, 1960

therefor and that any action instituted by the present board would be friendly to the alleged malefactors and hostile to the subject corporation, Hoffman Machinery. … Suffice it to say that, in the light of the well-established guide rules for the analysis of a pleading on a motion of this character (Cathedral Estates v. Purdy, N. Y. L. J. March 4, 1960, p. 14, col. 2, citing Sage v.

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

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.

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.

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]).

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.

Village of St. Johnsville v. New York Central Railroad

3 Misc. 2d 264 · New York Supreme Court · Nov 8, 1955

On July 5, 1929 the Village Board passed a resolution accepting the application and on October 10,1929 said board again accepted said application and authorized and directed the president of said board to enter into a written … A written contract was drawn by the plaintiff’s attorney and executed on behalf of the plaintiff by the president of the Board of Water Commissioners.

Johnson-Kahn Co. v. Thompson

73 Misc. 103 · New York Supreme Court · Jul 15, 1911

Treadwell v. Van Schaick, 30 Barb. 444 . In the absence of a fixed rate their rights do not go beyond receiving water at reasonable rates without discrimination. Silkman v. Board of Water Comrs., 152 N. … Comstock v. Johnson, 46 N. Y. 615 ; Williams v. Fitzhugh, 37 id. 444; Manfield v. Sherman, 81 Me. 365 ; Kinney v. Va. Mining Co., 4 Sawy. 382 .

Silsbury v. McCoon

6 Hill & Den. 425 · New York Supreme Court · May 15, 1844

Property (E.) pl. 5; Betts v. Lee, 5 Johns. Rep. 348; 2 Kent's Comm. 364.) The same doctrine was laid down in Brown v. Sax, (7 Cowen, 95.) … (See also Baker v. Wheeler, 8 Wend. 505,508,per Savage Ch. J.; Chandler v. Edson, 9 Johns. Rep. 362; Brown v. Sax, 7 Cowen’s Rep. 95, 97.)

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.

Syracuse General Tire Corp. v. Socony-Vacuum Oil Co.

191 Misc. 461 · New York Supreme Court · Jan 12, 1948

Corp. v. Warner, 250 N. Y. 221, 227.) … The plaintiff has failed to set forth any facts as distinguished from suspicions, conclusions and hopes upon which it might succeed (Ecker v. Muzysh, 259 App. Div. 206 ; O’Brien v. American Beverage Corp., 267 App.

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.

In re the Application for an Order Directing Bogaskie

58 Misc. 243 · New York Supreme Court · Mar 15, 1908

People v. Board of Police, 46 Hun, 302 ; Matter of Clark, 168 N. Y. 42 Y; People v. Wheeler, 18 Hun, 540 ; People v. Allen, 6 Wend. 486 ; People v. Rathbone, 145 N. Y. 434 ; People v. Mosher, 163 id. 32. … White- *247 side v. People, 26 Wend. 634 ; Gildersleeve v. Board of Education, 17 Abb. Pr. 201 ; Commonwealth v. Chittenden, 13 Penn. Co. Ct. Rep. 362; 2 Penn. Dist. Rep. 804; Beck v. Hanscom, 29 N.

Town of Ridgeway v. Treman

72 Misc. 452 · New York Supreme Court · Jun 15, 1911

Assn. v. City of New York, 152 N. Y. *455 257, 264, 265 ; Gilligan v. Town of Waterford, 91 Hun, 21 . … People v. Horton, 64 N. Y. 610, 620 .