Case law

Hoff v. Daily Graphic, Inc.

132 Misc. 597 · New York Supreme Court · Jun 16, 1928

Schield, Chairman of the Board of Judges.” … Ellison v. Lavin, 179 N. Y. 164, 170 .)

Campbell v. Barraud

85 Misc. 2d 97 · New York Supreme Court · Oct 29, 1975

Even in Rodgers v. … In Shephard v Woodland Twp.

De Marco v. Fitzgerald

20 Misc. 2d 457 · New York Supreme Court · Aug 12, 1959

(Matter of Monument Garage Corp. v. Levy, 266 N. Y. 339 .) … (Matter of Glenel Realty Corp. v. Worthington, 4 A D 2d 702.)

New York Central & Hudson River Railroad v. City of Buffalo

67 Misc. 642 · New York Supreme Court · May 15, 1910

As was said in the case of Donovan v. City of Oswego, 90 App. … (Alvord v. City of Syracuse, 163. N. Y. 158; County of Monroe v. City of Rochester, 154 id. 570, 579.)

Parish of Bellport v. Tooker

29 Barb. 256 · New York Supreme Court · May 9, 1859

By the Court, Brown, J. … Lott, Emott and Brown, Justices.] For these reasons I think the judgment should be affirmed.

Mason & Hanger-Silas Mason Co. v. Senior

62 Misc. 2d 324 · New York Supreme Court · Jan 7, 1970

America v. … America v. Senior (supra) not to be deductible from total compensation payments by the carrier who received them.

People ex rel. Hovey v. Leavenworth

35 N.Y.S. 445 · New York Supreme Court · Oct 16, 1895

It was said by Judge Earl, in the case of People v. City of Rome, 136 N. Y. 494 , 32 N. … Sections 172 and 173 of said act provide for the election of a town board of auditors consisting of three members; while by section 174 the board of auditors is vested with the power of the town *449 board with respect to

In re Sherman

92 Misc. 589 · New York Supreme Court · Dec 15, 1915

Div. 496 , it appeared that the respondent, Henry V. Borst, was commonly known as Henry Y. Borst and as H. Y. Borst. The tally sheets showed that Henry Y. Borst received one vote, H. V. Borst three votes, and Harry V. … Div. 496 ) held that the legal presumption was that the two ballots east for Harry V. Borst were intended for the son of Henry Y. Borst and not for Henry V.

New York Central & Hudson River Railroad v. Maine

24 N.Y.S. 962 · New York Supreme Court · Sep 15, 1893

In regard to such a case it is said in Bridges v. Board, 92 N. Y. 580 : ‘•The county is neither entitled to these moneys," nor to an equivalent amount, from the town of Liberty. … Supervisors v. Briggs, 2 Denio, 26 ; People v. Supervisors of Delaware Co., 45 N. Y. 196, 200 .

Graham v. Lansing Development Corp.

56 Misc. 2d 1064 · New York Supreme Court · May 27, 1968

The defendant erected 20 homes on roads not approved by the Town Board of the Town of Chenango. … (See Spellman v. Muehlfeld, 166 N. Y. 245 , 248 ; 2 Mottla, New York Evidence, Proof of Cases [2d ed.j, p. 561.)

Marston v. Lawrence

1 Johns. Cas. 397 · New York Supreme Court · Apr 15, 1800

Day v. Hamburgh, 1 Browne, 77. The affidavit must be positive as to the truth of every fact contained in the plea, leaving nothing to be collected by inference. … Richmond v. Tallmadge, 16 Johns. R. 307. Young v. Stringer, 5 Hayw. 32 . See Rapp v. Elliott, 2 Dall. 184 . So of matter of mere abatement, pleaded in bar. Robinson v. Fisher, 3 Caines’ R. 93.

People ex rel. Silver Lake Mutual Ass'n v. Clark

125 Misc. 622 · New York Supreme Court · Jan 5, 1925

Society of Hamilton College v. Lawler, 74 App. Div. 553 , and cases therein cited.) … E. v. Purdy, 179 App. Div. 805 ; People ex rel. Delphian Lodge, No. 751,1. O. O. F. v. Gaboon , Id. 287 ; People ex rel. Syracuse Masonic Temple v. Ostrander, 105 Misc. 405 ; People ex rel. Olean Masonic Corp. v.

Lester v. Lester

69 Misc. 2d 528 · New York Supreme Court · Mar 29, 1972

The enactment of the successor provision into CPLR 1102 was not intended to enlarge the statutory rights of poor persons found in the Civil Practice Act (see Brown v. … Both Jeffreys v. Jeffreys ( 58 Misc 2d 1045 ) and Dorsey v.

City of New York v. Steers & Menke

167 Misc. 566 · New York Supreme Court · Apr 14, 1937

(Augustine v. Town of Brant, 249 N. Y. 198, 204 .) It has been held that municipal employees performing governmental functions do not come within the provisions of the Workmen’s Compensation Law. (Matter of Stoerzer v. … Y. 339 ; Krug v. City of New York, 196 App. Div. 226 ; Matter of Beeman v. Board of Education, 195 id. 357; affd., 231 N. Y. 634 ; Matter of Ryan v. City of New York, 228 id. 16; Kahl v. City of New York, 198 App.

Grumet v. Cuomo

162 Misc. 2d 913 · New York Supreme Court · Aug 9, 1994

School Dist. v Grumet; Board of Educ. of Monroe-Woodbury Cent. School Dist. v Grumet; Attorney-General of N. … The New York Court of Appeals concluded in Grumet v Board of Educ. of Kiryas Joel Vil.

Cowen v. Village of West Troy

43 Barb. 48 · New York Supreme Court · Mar 7, 1864

(Brady v. The Mayor of New York, 16 How. 432 . 20 N. Y. Rep. 312 . Bonesteel v. The Mayor of New York, 20 How. 240 . McSpedon et al. v. The Mayor of New York, Id. 395.) … Hodges v. The City of Buffalo, 2 Denio, 113.)

Lyman v. Billy Rose Exposition Spectacles, Inc.

179 Misc. 512 · New York Supreme Court · Feb 3, 1943

(Bigelow v. Old, Dominion Copper Co., 225 H. S. 111, 128; Wolf v. Kenyon, 242 App. Div. 116,117 .) The issue presented in the prior action was whether or not Bose had breached the contract with Lyman. … (Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N. Y. 304, 308 .)

Craine v. NYSARC, Inc.

29 Misc. 3d 559 · New York Supreme Court · Aug 19, 2010

Kaplan, 257 NY 277, 281-282 [1931], rearg denied 257 NY 579 [1931]; Martin v Curran, 303 NY 276 [1951]; Matter of Desir v Spano, 259 AD2d 749 [1999]). … State Ch. v Lapardo Bros.

Campbell v. Picard

165 Misc. 148 · New York Supreme Court · Dec 2, 1937

Blossom v. Nelson 46 N. Y. 477 .) … Woodward v.

Sayles v. Central National Bank

18 Misc. 155 · New York Supreme Court · Sep 15, 1896

Greaves v. Gouge, 69 N. Y. 154 ; Brinckerhoff v. Bostwick, 105 id. 567. … Board of Supervisors of Saratoga County v. Deyoe, 77 N.