Case law

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.

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.

Mancuso v. Levitt

154 Misc. 2d 252 · New York Supreme Court · May 15, 1992

Thus plaintiffs’ attempt to strike section 50 (7) and section 50-a as being unconstitutional is not subject to the four-month time bar established for article 78 proceedings (see, Lai Chun Chan Jin v Board of Estimate, 101 … In view of this determination, the court need not take a position on *259 the remaining constitutional claims raised by the plaintiffs other than noting that the due process claim is without merit (see, Board of Regents 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.

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.

In re the Estate of Brown

36 N.Y. Sup. Ct. 412 · New York Supreme Court · Mar 15, 1883

Y., 42 ; Scott v. Guernsey, 48 id., 106 ; Lawrence v. Hebbard, 1 Bradf., 252 ; Bowne v. Under hill, 4 Hun, 130 ; Coles v. Brown, 4 Sandf. … (Scott v. Guernsey, supra.)

Tobin v. LaGuardia

178 Misc. 567 · New York Supreme Court · Apr 27, 1942

Rand v. Craig ( 231 N. Y. 216 ). … (See Stetler v. McFarlane, 230 N. Y. 400, 408 . See, also, People ex rel. Manley v. Craig , 231 id. 574; People ex rel. Smyth v. Craig , Id. 575.)

Malone v. Tutunjian

152 Misc. 2d 153 · New York Supreme Court · Sep 19, 1991

(Matter of Alamo v Black, 51 NY2d 716, 717 ; see also, Matter of Hutson v Bass, 54 NY2d 772 .) A copy of the designating petition in the case now before the court has been received into evidence.

Faculty-Student Ass'n of Harpur College, Inc. v. Dawson

57 Misc. 2d 112 · New York Supreme Court · May 11, 1967

(People v. Ryan, 274 N. … Mizpah Lodge v. Burke, 228 N.

Triest v. City of New York

55 Misc. 459 · New York Supreme Court · Jul 15, 1907

The local board recommended to the board of public improvement that proceedings be initiated to macadamize said avenue. … Folmsbee v. City of Amsterdam, 142 N. Y. 118 ; Fuller v. City of Mount Vernon, 171 id. 247 .

People ex rel. Donner-Hanna Coke Corp. v. Burke

141 Misc. 663 · New York Supreme Court · Oct 16, 1931

Co. v. … The same principle should apply to the board of assessors. Justice Wade says in the case of Iowa Loan & Trust Co. v.

People ex rel. Ardito v. Trujillo

109 Misc. 2d 1009 · New York Supreme Court · Jul 7, 1981

Brown v Johnston, 9 NY2d 482 ; see, also, Matter of Kaufman v Henderson, 64 AD2d 849 ; People ex rel. La Belle v Harriman, 35 AD2d 13 ; People ex rel. Meltsner v Follette, 32 AD2d 389 ). … Brown v Johnston, supra). *1013 Another ground urged by respondent for the alleged impropriety of habeas corpus in the instant case is that it would shift the burden of proof from the State to the petitioner.

Gordon & Talbot v. American Insurance

4 Denio 360 · New York Supreme Court · May 15, 1847

(Tonge v. Watts, 2 Str. 1251; Smith v. Steinbach, 2 Caines’ Cas. Er. 158; Hart v. The Delaware Ins. Co. 2 Wash. C. C. R. 346; Patrick v. Ludlow, 3 John. Cas. 10.) … and immediately after the loading thereof on board of the said vessel.”

Hawkins v. Obremski

33 Misc. 2d 1009 · New York Supreme Court · Mar 19, 1962

On September 29, 1961, the board of directors of the League held a meeting at which time plaintiff Hawkins was expelled therefrom. … (Rodier v. Huddell, 232 App. Div. 531, 533 .) However, until a member of .such an association has duly exhausted his remedies therein, no appeal to the courts will lie. (Gray v. Ferris, 230 App. Div. 416, 419 .)

People ex rel. Sprenger v. Department of Health

104 Misc. 224 · New York Supreme Court · Jul 15, 1918

Thus, in People v. Van Fradenburgh, 81 App. … Lodes v. Department of Health, 116 App. Div. 890, 891 , the court says: “ The right to carry on the business of selling milk is a constitutional one.

Valton v. National Loan Fund Life Assurance Society

22 Barb. 9 · New York Supreme Court · Dec 4, 1854

(See Kimball v. Davis, 19 Wend. 437 ; Brown v. Kimball , 25 id. 259 ; Smith v. Griffith, 3 Hill, 333 .) … It came before Lord Abinger twice, at the circuit, in Wainwright v.

MacKenzie v. Buckley

75 Misc. 2d 379 · New York Supreme Court · Sep 26, 1973

Board of Elections of City of N. Y., 262 N. Y. 416 ). … Div. 419, 442 , supra; Matter of Lauer v. Board of Elections of City of N. Y., supra, p. 420; Matter of Kress v. Board of Elections of County of Niagara, 67 Misc 2d 121 ).

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.

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.

Alpha Phi Alpha Senior Citizens Center, Inc. v. Zeta Zeta Lambda Co.

53 Misc. 3d 1066 · New York Supreme Court · Sep 21, 2016

V. … II v Park Lake Hous. Dev. Fund Corp. and Keogh v Connolly are of little avail.