Case law

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.

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.

People ex rel. Ragucci v. City of Schenectady

133 Misc. 349 · New York Supreme Court · Nov 24, 1928

The board of trustees met on the same day and granted the relator’s request, effective December 31, 1924. … Shea v. Bryant, 28 App. Div. 480 .)

John B. Waldbillig, Inc. v. Gottfried

43 Misc. 2d 664 · New York Supreme Court · Jul 29, 1964

Tiffany & Co. v. Campbell, 144 N. Y. 166, 172 ) ” (Gause v. Commonwealth Trust Co., supra, p. 144). … Accordingly, the motion of the plaintiffs is, in all respects, denied and the defendant Board of Regents ’ motion for summary judgment dismissing the complaint as to it is granted.

In re Carson

164 Misc. 945 · New York Supreme Court · Nov 23, 1937

(Sheils v. Flynn, 252 App. Div. 140 .) … Deister v. Wintermute, 194 N. Y. 99 .)

Sutter v. Fauble

32 N.Y. Sup. Ct. 195 · New York Supreme Court · Sep 15, 1881

In 1878, the legislature again amended section 22 of chapter 628, Laws of 1857, by conferring the power upon boards of excise to sue for these penalties in their town when there was no overseer of the poor. … No doubt it was the intention of the legislature to permit suits *197 in the name of boards of excise when they neglected their duty, but no such intent is expressed, on the contrary a different plaintiff is named.

Madden v. Van Wyck

35 Misc. 645 · New York Supreme Court · Aug 15, 1901

It states no ground for relief, either for the illegality of the contract or for fraud on the part of the board and commissioner in entering into it. … Y. 513 ; Kingsley v. City of Brooklyn, 78 id. 200, 215; Baird v. Mayor, 96 id. 567, 593; Talcott v. City of Buffalo, 125 id. 280, 288.

Izzo v. Kirby

56 Misc. 2d 131 · New York Supreme Court · Mar 4, 1968

(East v. Brooklyn Heights R. R. Co., 195 N. Y. 409 ; People v. Ryan, 274 N. Y. 149 ; Surace v. Hanna, 248 N. Y. 18 ; Seltzer v. City of Yonkers, 286 App. … Y. 580 ; Matter of Smidt v. McKee, 262 N. Y. 373 ; Matter of Andresen v. Rice, 277 N. Y. 271, 282 ; Matter of Ahern v. Board of Supervisors of Suffolk County, 7 A D 2d 538).

Korn v. Batista

131 Misc. 2d 196 · New York Supreme Court · Jan 13, 1986

The Loft Board’s order did not overrule Judge Glen’s decision. … Owners v New York City Loft Bd., 128 Misc 2d 370 .) The corrective date is June 21, 1982.

Gruber v. Fairport Central School District

147 Misc. 2d 545 · New York Supreme Court · May 23, 1990

Consolidated Rail Corp., 74 NY2d 39 ; Sega v State of New York, 60 NY2d 183, 191 ). … or boards curved up at one end”.

Sithian v. Staten Island University Hospital

189 Misc. 2d 410 · New York Supreme Court · Sep 28, 2001

Chang while the matter was still under consideration by the Board of Trustees. Such a lawsuit sends a chilling effect to the Board of Trustees that any adverse action will result in personal litigation. … (Guibor v Manhattan Eye, Ear & Throat Hosp., 46 NY2d 736 [1978]; accord Matter of Cohoes Mem. Hosp. v Department of Health, 48 NY2d 583 [1979].) .

In re FalconStor Software, Inc.

39 Misc. 3d 916 · New York Supreme Court · Mar 5, 2013

Where the derivative lawsuit does not assert a particular action by the board of directors, the test was stated in Rales v Blasband ( 634 A2d 927 [Del 1993]). … (See Desimone v Burrows, *932 924 A2d at 950 ; In re Finisar Corp.

People v. Schrager

74 Misc. 2d 833 · New York Supreme Court · Jul 5, 1973

Leo Brown, J. This is a motion by the District Attorney of Queens County for the appointment of a Special District Attorney, pursuant to section 701 of the County Law, for the purpose of prosecuting this defendant. … (See People v. Lytle, 7 App. Div. 553 ; People v. Ferd *835 inando, supra.)

In re Associated Buffalo Architects, Inc.

127 Misc. 854 · New York Supreme Court · Sep 1, 1926

Protectory v. Rockland Co., 212 N. Y. 311, 313 .) … Under the Education Law (§ 300) the board of education of the city of Buffalo is a corporation and may sue and be sued. (Matter of Fleischmann v. Graves, 235 N. Y. 84 .)

Bihin v. Bihin

17 Abb. Pr. 19 · New York Supreme Court · Oct 15, 1863

The plaintiff is the wife of the defendant, and the action is brought by her to obtain a judgment of separation from bed and board forever on account of alleged cruel and inhuman treatment, and of such conduct towards her … Present, Brown, Scrugham, and Lora, JJ. In some other districts of the Supreme Court than the first and second, and in the New York Common Pleas, a different rule has been followed. In the case of Aiken a. Baumann, Hon.

Forbrick v. General Electric Co.

45 Misc. 452 · New York Supreme Court · Dec 15, 1904

The cause was that the under side of the boards had *453 gradually decayed. … In Walsh v. Fitchburg R. R. Co. ( 145 N.