Case law

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.

Patterson v. Carey

83 Misc. 2d 372 · New York Supreme Court · Jun 13, 1975

(Board of Educ. v Allen, 20 NY2d 109 , affd 392 US 236 .) There can be no doubt that plaintiffs have a "personal stake in the outcome” of this litigation. (Baker v Carr, 369 US 186 .) … (Bohmer v Haffen, 161 NY 390 .)

Blount v. Town of West Turin

195 Misc. 2d 892 · New York Supreme Court · Apr 21, 2003

in which the municipality is involved and the specific act of the municipality are partially determinative of the municipal role as governmental or proprietary (see Balsam, 90 NY2d 966 [1997]; Miller, 62 NY2d 506 [1984]; Brown … City of New York, 66 NY2d 270 [1985]), or there is an express assumption of the risk (see Arbegast v Board of Educ., 65 NY2d 161 [1985]).

People ex rel. Platt v. Rice

30 N.Y.S. 457 · New York Supreme Court · Sep 27, 1894

Jones v. Marsh 4 Term R. 464; Hollingsworth v. Duane, 1 Wall. Sr. 141, Fed. Cas. No. 6,617; Oswald, Contempt, 104; Knight v. Cary, 1 Cow. 39 ; Ex parte Wallis, 6 Cow. 581 ; Holcomb v. Jackson, 2 Edw. Ch. 620 ; Bank v. … In People v. Dwyer, 90 N.

Eyre v. Stubbert

71 Misc. 147 · New York Supreme Court · Mar 15, 1911

Jackson v. Woolworth, 3 Caines, 136 ; Chase v. Edwards, 2 Wend. 283 . … Supp. 686 ; Title Guarantee & Trust Co. v. Brown, 136 App.

Adams v. New York, Lake Erie & W. R. R. Co.

20 Abb. N. Cas. 180 · New York Supreme Court · Jan 15, 1888

Abendroth v. Manhattan R. R. Co., 9 Civ. Pro. R. (Browne) 406. By Code Civ. … Varnum v. Wheeler, 9 Civ. Pro. R. (Browne) 421.

McDermott v. Police Pension Fund

133 Misc. 2d 669 · New York Supreme Court · May 15, 1986

Petitioner commenced this CPLR article 78 proceeding seeking to rescind the decision of the Board of Trustees of the Police Pension Fund (the Board) which determined that petitioners were not entitled to receive pension benefits … (Rodgers v Williamson, 154 NYS2d 194 [Sup Ct, NY County 1956].)

Cone v. Whitaker

2 Johns. Cas. 280 · New York Supreme Court · Apr 15, 1801

(Aylett v. Harford, 2 H, Bl. Rep. 317. Cooke’s B. L. c. 6, s. 10. Lewis v. Piercy, 1 H. Bl. 29.) In the case of Hurst v. … (See also Philips v. Brown, 6 Term Rep. 282, and Watts v. Hart, 1 Bos. & Pul. 134.) In Willett v. Pringle, (5 Bos. & Pull. 190, or 2 Bos. & Pull. N.

In re Whitney's Will

35 N.Y.S. 798 · New York Supreme Court · Oct 16, 1895

And in Brown v. Clark, 77 N. … Crossman v. Crossman, 95 N. Y. 145, 153 ; Tonnele v. Hall, 4 N. Y. 140 , and cases there cited.

Fairchild v. Fairchild

12 N.Y. Sup. Ct. 407 · New York Supreme Court · Oct 15, 1875

Fairchild and Brown died in 1864, Fairchild leaving eight children, as specified in the complaint, and Brown leaving his widow, Cornelia J. Brown, and three children, David W., Henry *410 V., and Harriet Brown. … (Day v. Roth, 18 N. Y., 448 ; Lounsbury v. Purdy, id., 515 ; Siemon v. Schurck, 29 id., 598 ; Foote v. Bryant, supra.) In Lounsbury v.

Queensboro Improvement Co. v. Dean

175 Misc. 655 · New York Supreme Court · Jan 26, 1940

(See, also, Brown v. Teel, 59 Hun, 91 ; affd., 128 N. Y. 678 ; and Town of Oyster Bay v. North Shore Country Club, N. Y. L. J. Nov. 20, 1939, p. 1722.)

De Forest v. Walters

28 N.Y.S. 831 · New York Supreme Court · May 14, 1894

The plaintiff bases his title upon a deed executed by the board of trustees to Henry G-. De Forest, dated November 19, 1870. The board of trustees, by their answer, interposed three defenses, as follows: First. … Schoener v. Lissaner, 107 N. Y. 111 , 13 N. E. 741 ; Miner v. Beekman, 50 N. Y. 337 . The exceptions disclose no error, and the appeal is destitute of merit. The judgment should he affirmed, wdth costs. All concur.

Hathaway v. Town of Homer

5 Lans. 267 · New York Supreme Court · Apr 15, 1871

That there was an error was proved by the clerk of the enrolling board, and established after a full investigation by a committee of the board of supervisors. … (See, also, Supervisor of Galway v. Stimson, 4 Hill, 136 ; Town of Duanesburgh, v. Jenkins, 46 Barb., 294, 310 ; Commissioners of Highways of Cortlandville v. Peck, 5 Hill, 215 ; Overseers of Hebron v.

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 .)

Tompkins v. Seely

29 Barb. 212 · New York Supreme Court · May 9, 1859

By the Court, Brown, J. The plaintiff prosecutes this action as the assignee of the defendant Columbus W. … Lott, Emott and Brown, Justices.] I think the judgment should be affirmed, with costs of the appeal.

Cocca v. County of Erie

182 Misc. 1082 · New York Supreme Court · Jul 11, 1944

When a claim is presented to a board of supervisors, and the same has been rejected, the remedy of the aggrieved party is by mandamus or certiorari, depending on the nature of the claim upon which the board has acted. … Protectory v. Rockland County, 212 N. Y. 311 , affg. 159 App. Div. 455 .) The motion by the defendant herein is hereby granted. Let an order be entered accordingly.

Mulligan v. Hylan

124 Misc. 280 · New York Supreme Court · Dec 4, 1924

The only essential difference in fact between this case and Matter of Flaherty v. Craig ( 226 N. … While here the board of estimate and apportionment still had power, if it saw fit, to include this item, the reasoning of Judge Crane in Matter of Flaherty v. Craig seems to me conclusive against compelling it to do so.

People v. Pine

2 Barb. 566 · New York Supreme Court · Apr 11, 1848

Townsend v. The State, 2 Blackf. 156. Cowen & Hill’s Notes, 1501. United States v. Wilson and Porter, 1 Bald. Rep. 78.) … Scene at Brown’s last September. It was of short duration, and occurred after he had been drinking. 5. Application to Isaac Lawton for a warrant. He had been drinking, and seems to have had an idea that Mrs.

Allen v. Kebler

76 Misc. 40 · New York Supreme Court · Mar 15, 1912

Under this section, the board of trustees of the village of Bronxville undertook to maintain and care for said fourteen-foot streets,' but was enjoined from so doing in the action of Smith v. … Smith v. Smythe, 132 App. Div. 71 , 197 N.

Allmendinger v. City of New York

182 Misc. 142 · New York Supreme Court · Jan 13, 1944

Such efforts have been declared invalid by the courts on the ground that sections 67, 68, 813 and 817 of the Charter prohibited such action by the Board. (Schneider v. City of New York, 178 Misc. 238 , affd. 264 App. … Y. 785 ; Adrian v. City of New York, 291 N. Y. 609 ; Allen v. City of New York, 179 Misc. 539 , affd. 266 App. Div. 987 .)