Case law

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.)

Buffalo News, Inc. v. Buffalo Enterprise Development Corp.

148 Misc. 2d 657 · New York Supreme Court · Oct 24, 1990

(Hawkins v Kurlander, 98 AD2d 14 [1983].) … (United States v Orleans, 425 US 807 [1976]; Forsham v Harris, 445 US 169 [1980].) Mere government regulation is not enough to cause an entity to be labeled an "agency”.

Stewart v. Blatchley

8 Misc. 472 · New York Supreme Court · Dec 15, 1893

Brown and Ellen Brown, his wife, and James E. Kent and Ella Kent, his wife, answered the plaintiff’s cotn■plaint in the above-entitled action, and served a copy of their answer upon the other defendants, Nellie V. … Milliken v. W. Union Tel. Co., 110 N. Y. 403 ; Masterson v. Townshend, 123 id. 458 ; Johnson v.

City of Newburgh v. Potter

142 Misc. 2d 376 · New York Supreme Court · Mar 30, 1989

Board of Educ., 35 NY2d 743 , affg 42 AD2d 73 ; Matter of O’Brien v Board of Educ., 71 AD2d 605 ). … American Broadcasting Cos. v Roberts, 61 NY2d 244 ; Matter of Abramovich v Board of Educ., 46 NY2d 450 , cert denied 444 US 845 ; Matter of Feinerman v Board of Coop.

McCullough v. Pence

32 N.Y.S. 986 · New York Supreme Court · Mar 15, 1895

This was distinctly held in the case of Brown v. Railroad Co., 18 N. Y. 495 . … Marvin v. Brooks, 94 N. Y. 71 . In the case at bar there was not the semblance of any trust.

Southern Central Railroad v. Town of Moravia

61 Barb. 180 · New York Supreme Court · Nov 13, 1871

(Consequa v. Fanning, 3 John. Ch. 587. Tillotson v. Preston, 3 John. 229 . Johnston v. Brannan, 5 id. 268 . Stevens v. Barringer, 13 Wend. 639 . Gillespie v. Mayor of New York, 3 Edw. 512 . Jacot v. … (Fake v. Eddy, 15 Wend. 76 .)

Krause v. Sander

66 Misc. 601 · New York Supreme Court · Mar 15, 1910

or two-thirds, this means a majority or two-thirds of all the members of the board or committee. … Loubat v. Le Roy, 40 Hun, 546 .

Incorporated Village of Nissequogue v. Meixsell

55 Misc. 2d 1069 · New York Supreme Court · Jan 31, 1968

In Stewart v. … See Raimonda v.

People v. Nyce

3 N.Y. Crim. 50 · New York Supreme Court · Nov 15, 1884

Potter v. Deyo, 19 Wend. 361 ; People v. Quant, 2 Park. C. R. 410; Mayor v. Mason, 1 Abb. 344 . The motion to discharge the defendant on the ground urged by him was properly denied. … Board ; and that after such examination he received from that board a diploma which he produced.

Butts v. Gaylord State Bank

156 Misc. 555 · New York Supreme Court · May 13, 1935

Supp. 980, 983 ; Handley v. Stutz, 139 U. S. 417, 422 .) If action be taken when the board of directors is acting as a body, a formal resolution is not necessary. (Young v. U. S. Mtg. & Tr. Co., 214 N. … Y. 279, 285 ; Bagley v. Carthage, W. & S. H. R. R. Co., supra; Outterson v.

Settles v. Incorporated Village of Freeport

132 Misc. 2d 240 · New York Supreme Court · May 9, 1986

(Williams v Board of Trustees of Dist. No. 1, 204 App Div 566 .) … (See, Janice v State of New York, 201 Misc 915 [1951] [as to nondelegability]; Schlansky v Augustus V.

Tara Homes, Inc. v. Volz

44 Misc. 2d 171 · New York Supreme Court · Oct 2, 1964

The Board of Zoning Appeals of the Town of Babylon granted Tara Homes, Inc., lot area variances as to two separate plots. … Tara has acknowledged its inadvertence and would agree to extend to the board all the time that might be needed to answer. *172 .

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]).

Hayes v. Van Rensselaer

69 Misc. 2d 315 · New York Supreme Court · Mar 10, 1972

The infant petitioner was purportedly assaulted on April 17, 1969; a claim was not filed with the board until November 17, 1970. … Matter of Rosenberg v. City of New York, 309 N. Y. 304, 308 ; Spiciarich v. New York City Housing Auth., 23 A D 2d 653).

Trustees of Village of Bath v. McBride

81 Misc. 618 · New York Supreme Court · Jul 15, 1913

Board of Supervisors v. Otis, 62 N. Y. 88 . … Swartwout v.

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.

Acito v. McCarthy

88 Misc. 2d 55 · New York Supreme Court · Oct 12, 1976

McKeon and Stephen May are Commissioners of the New York State Board of Elections (hereinafter board) holding office pursuant to the provisions of section 468 of the Election Law. … This court is of the opinion that Matter of Mansfield v Epstein ( 5 NY2d 70 ) relied upon by the objectors Contessa and Schlein merely stands for the proposition that once a Board of Elections stalemate is presented to a

Franklin County v. Henry

148 N.Y.S. 627 · New York Supreme Court · Mar 24, 1913

People v. Sup N. Y., 1 Hill, 362 ; People v. Mutual Union Tel. Co., 2 McCarty Civ. Proc. R. 295; Palmer v. City of N. Y., 2 Sandf. 318 . … Haswell v. Mayor, 81 N. Y. 255 .

Carnat Realty, Inc. v. Town of Islip

60 Misc. 2d 647 · New York Supreme Court · Jun 9, 1969

City of Poughkeepsie, 22 A D 2d 270, 276; Lanza v. Wagner, 11 N Y 2d 317, 334; Prendergast v. Gurevich, 11 N Y 2d 1082, 1084; Jewish Center of Mt. Vernon v. Mt. … In Matter of Fulling v.

Manhattan Refrigerating Co. v. Fassler

165 Misc. 29 · New York Supreme Court · Nov 22, 1937

I have discussed, in the companion case of Eith v. City of New York ( 165 Misc. 18 ), the point raised as to the restriction of the premises against the proposed use. … of Standards and Appeals and the Board of Buildings * * *.