Case law

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.

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 .

Steward v. Cole

50 N.Y. Sup. Ct. 164 · New York Supreme Court · Jan 15, 1887

Brown, September 22, 1884, to secure the payment of $500 in one year from the date thereof. The defendant claimed the property as thp receiver of Brown, appointed in supplementary proceedings upon a judgment. … (Pettibone v. Drakeford, 37 Hun, 628 .) In the case under consideration the receiver acquired the same interest in the mortgaged property that Brown had.

MacMillan v. McCaffrey

201 Misc. 574 · New York Supreme Court · Nov 30, 1950

This status of such launderette business was determined in Matter of Packer v. Board of Standards & Appeals (62 N. Y. S. 2d 54 [Shientag, J.], affd. 271 App. Div. 874 , motion for leave to appeal denied, 296 N. … In the opinion of the Board, however, there is no warrant for permitting such supplementary equipment under the Packer decision and this report does not contemplate permission to have them in addition to the self-service

Van Tassel v. Van Tassel

31 Barb. 439 · New York Supreme Court · May 14, 1860

(Kane v. Bloodgood, 7 John. Ch. Rep. 90. Souser v. De Meyer, 2 Paige, 574, 577 .) In The People v. … Lott, Emott and Brown, Justices.]

William v. Weller

28 Barb. 588 · New York Supreme Court · Dec 6, 1858

Brown, J. … This conclusion conflicts with Lord Mansfield’s judgment in the case of Buchworth v. Thirkel, (3 Bos. & Pul. 652.) It is the rule, however, given by Mr.

Seligman v. Half Hollow Hills Schools

74 Misc. 2d 246 · New York Supreme Court · Oct 31, 1972

V, § 6). … Kempf v.

Lipsky v. Rice

152 Misc. 218 · New York Supreme Court · Jul 11, 1934

He appealed to the Civil Service Commission and to the Board of Education. … (McGraw v. Gresser, 226 N. Y. 57 .)

American National Bank v. Warren

96 Misc. 265 · New York Supreme Court · Jul 15, 1916

Town of Mentz v. Cook, 108 N. Y. 504 ; Lough v. Outerbridge, 143 id. 271-277; Code Civ. Pro., § 1009, subd. 4. … Bank v. People’s Co.-O. Ice. Co., 92 App. Div. 47 ; American T. & S. Bank v. Austin, 25 Misc. Rep. 454 ; Goetz v. Bank of Kansas City, 119 U. S. 551 ; Commercial Bank v. Pfeiffer, 108 N. Y. 242 ; Pers. Prop. Law, § 216.

In re the Certificates of Nomination of Smith & Solomon

36 Misc. 292 · New York Supreme Court · Nov 15, 1901

The certificate in support of which this application proceeds was filed with the board of elections on October first, and contained the designation of the party name “ Citizens* Union” and, as an emblem, the statue of liberty … Andrews v. Sutphin, by Mr. Justice Gaynor (October 25, 1897), as appears from the order submitted, and, I think, is the only construction possible.

Cortelyou v. Van Brundt

2 Johns. 357 · New York Supreme Court · Aug 15, 1807

(Ipswich v. Brown, Saville, 11. 3 Term, 256.) Nor will prescription, in any case give a right to erect a building on another’s land.

Baker v. Rand

13 Barb. 152 · New York Supreme Court · May 3, 1852

(Birckhead v. Brown, 2 Denio, 375 .) … (Seddon v. Tutoss, 6 T. R. 608. Halsey v. Reed, 9 Paige, 446 . Wright v. Butler, 6 Wend. 284 Doty v Brown, 4 Comst. 71.) Or was inadmissible under the pleadings, though proved to show malice. (Campbell v. Butts, supra.)

Menin v. Menin

79 Misc. 2d 285 · New York Supreme Court · Sep 5, 1974

Ransom v. Board of Supervisors of Niagara County, 78 N. Y. 622 , supra). … Whedon v. Board of Supervisors of Washington County, 192 App. Div. 705 , supra).

O'Shea v. Hanse

3 Misc. 2d 212 · New York Supreme Court · Nov 16, 1954

This is a motion by the Board of Trustees of the Village of Babylon individually and as members of said board to dismiss the second cause of action as set forth in the first complaint of a consolidated action on the ground … (See, also, Altschul v. Ludwig, 216 N. Y. 459 .) Here, the plaintiff has failed to show in this cause of action that he comes within the afore-mentioned statute. Motion granted as to the moving parties. Submit order.

Malone v. Custom Manor Inc.

4 Misc. 2d 976 · New York Supreme Court · Dec 27, 1956

I, § 6; Williams v. Standard Oil Co., 278 U. … In Clark v.

Pierne v. Valentine

179 Misc. 114 · New York Supreme Court · Sep 8, 1942

(Matter of General Reinsurance Corp. v. Pink, 269 N. Y. 347 .) Subdivision b of section B18-2.0 provides: “b.. … Matter of McMeekan v. Department of Health, 157 Misc. Rep. 620 ; affd., 249 App. Div. 609 ; affd., 274 N. Y. 521 .)