Case law

Hawkins v. Coughlin

132 Misc. 2d 45 · New York Supreme Court · Apr 22, 1986

(Matter of Moors v Craig, 205 App Div 897 ; Matter of Browne v New York State Bd. of Parole, 25 Misc 2d 1050 , affd 12 AD2d 800 , revd on other grounds 10 NY2d 116 .) … (Matter of Browne v New York State Bd. of Parole, 10 NY2d 116, 122 .) Turning to the merits of petitioner’s application, the court finds that petitioner is not entitled to the relief sought.

People v. McKane

30 N.Y.S. 95 · New York Supreme Court · Jul 27, 1894

People v. Harris, 136 N. Y. 423 , 33 N. E. 65 . … People v. Minck, 21 N. Y. 539 ; People v. Thacher, 55 N. Y. 535 .

Smith v. Hedges

87 Misc. 439 · New York Supreme Court · Nov 15, 1914

This meaning has been enlarged by the case of Pearsall v. Brower, 120 App. Div. 584 , to include each separate tax extended, although on the same line. … Pearsall v. Brower, supra.

Universal Oil Products Co. v. Shell Development Co.

196 Misc. 497 · New York Supreme Court · Oct 6, 1949

Div. 1027; Galbord v. … Bank v. Gunn, 222 N. Y. 204 ; Rasmussen v. New York Life Ins. Co., 267 N. Y. 129, 132 ).

Grammer v. Almond

128 Misc. 166 · New York Supreme Court · Nov 3, 1926

Brown, J. At the close of plaintiff’s case the defendant moved for the dismissal of the complaint. The motion was denied. … Brown (171N. Y. 488,506); Baker v. Appleton & Co. ( 107 App. Div. 358 ; affd., 187 N. Y. 548 ); Smith v. Weston (159 id. 194); Thompson v. Simpson (128 id. 270, 284); Koehler v. Adler (78 id. 287, 290); Sweetland v.

People v. McLane

166 Misc. 2d 698 · New York Supreme Court · Apr 17, 1995

(See, Ake v Oklahoma, 470 US 68 [1985].) … (Cf., Matter of Gross v Ambach, 126 AD2d 1 [3d Dept 1987], affd 71 NY2d 859 [1988]; People v Davis, supra, 136 Misc 2d, at 1080, n 5 .) .

Van Kuren v. Saxton

5 Thomp. & Cook 566 · New York Supreme Court · Jan 15, 1875

The referee found that the plaintiff performed services for the defendant while a member of his family, and that the defendant furnished board for herself and children during that time; that the value of such board exceeded … Robinson v. Cushman, 2 Denio, 152 ; Williams v. Hutchinson, 3 N. Y. 312 ; S. C., 5 Barb. 122 ; Sharp v. Cropsey, 11 id. 224 ; Wilcox v. Wilcox, 48 id. 327. The judgment should be affirmed. Judgment affirmed.

Coley v. Tallman

43 Misc. 280 · New York Supreme Court · Mar 15, 1904

In October, 1900, the plaintiff Maria Coley Brown married Herbert C. … Hogan v. Kavanaugh, 138 N. Y. 417, 422 . See also Jouffret v. Loppin, 20 App. Div. 455 ; Long v. Long, 142 N. Y. 545, 552 ; Palmer v. Palmer, 3 App. Div. 213 ; Underhill v. Underhill, 6 id. 78.

Robertson v. Bethune

3 Johns. 342 · New York Supreme Court · Aug 15, 1808

No provision was made, however, for any compensation for the detention of the ship, in case the 200 hogsheads of molasses should not be put on board within the 35 days. … The case of Jamieson Co. v. Laurie, differs very essentially from the present. In that case, there was evidently a letting of the whole ship. Jamieson & Co. are said to have sent the ship to Cronstadt.

People v. Herner

156 Misc. 2d 735 · New York Supreme Court · Jan 26, 1993

The door of the garage was closed; the window on the right side of the garage was boarded up. … v Lynes ( 49 NY2d 286, 295 [1980]); People v Brown ( 161 AD2d 778 [2d Dept 1990], lv denied 76 NY2d 891 [1990]), and People v Coleman ( 142 AD2d 586 [2d Dept 1988]).

Rosario v. Diagonal Realty, LLC

9 Misc. 3d 681 · New York Supreme Court · Jul 1, 2005

(Attorney Gen. v Brown, 400 Mass 826, 831, 511 NE2d 1103, 1107 [1987], supra, quoting Kargman v Sullivan, 552 F2d 2, 11 [1st Cir 1977].) … v Sullivan Assoc., supra) and Massachusetts (Attorney Gen. v Brown, supra).

Pratt v. New York Public High School Athletic Ass'n

133 Misc. 2d 679 · New York Supreme Court · Sep 22, 1986

Whether respondents’ action is arbitrary and capricious relates to whether or not the committees’ actions have a sound basis in reason and have a foundation in fact (Matter of Pell v Board of Educ., 34 NY2d 222 , 231; Siegel … The test is whether there is a rational basis for respondents’ actions (Matter of Pell v Board of Educ., supra, p 231; Matter of Colton v Berman, 21 NY2d 322, 329 ; see, Matter of Caso v New York State Public High School

Sherman v. Richmond Hose Co. No. 2

101 Misc. 62 · New York Supreme Court · Aug 15, 1917

Brown, J. On January 28, 1904, Adelaide R. … Hatch v. Bassett, 52 N. Y. 359 ; Durfee v. Pomeroy, 154 id. 595; Locke v. Farmers’ L. & T. Co., 140 id. 146; Matter of Ingersoll, 95 App. Div. 212 ; Paterson v. Ellis, 11 Wend. 260 .

De Meo v. Community Newspapers, Inc.

47 Misc. 2d 822 · New York Supreme Court · Sep 23, 1965

Brewster states in part: “The suit filed — by the Voters’ Association climaxes a year of harassment of our Board of Education — by Mr. … Y. 144, 153 ); or to induce an evil or unsavory opinion of him in the minds of a substantial number of the community (Brown v. Du Frey, 1 N Y 2d 190, 196; Nichols v. Item Publishers, 309 N.

Singleton v. Motor Vehicle Accident Indemnification Corp.

41 Misc. 2d 469 · New York Supreme Court · Sep 20, 1963

Brown, Jr., J. Motion for an order to vacate that portion of an arbitrator’s award which awarded to an infant claimant the snm of $50. … The infant claimant had the right to elect to arbitrate or proceed by an action at law (Chernick v. Hartford Acc. & Ind. Co., 8 N Y 2d 756).

Flynn v. Kendall

195 Misc. 221 · New York Supreme Court · Mar 15, 1949

The by-laws of the respondent provide in section 2-a of article V: “ Veteran members of the Board shall be elected at the annual meeting of the Club by the vote of the Veteran members present at the meeting.” … The case of Matter of Hart v. Sheridan ( 168 Misc. 386 ), relied upon by petitioners, is inapplicable.

Larsen v. McCann

188 Misc. 752 · New York Supreme Court · Feb 19, 1947

In People v. Cuddihy ( 151 Misc. 318 , affd. 243 .App. … (Lowe v. Rees Printing Co., 41 Neb. 127 ; 50 N. W. 382 .)

Hendren v. Curtis

164 Misc. 20 · New York Supreme Court · Jul 1, 1937

. * * * “ ARTICLE V. “ ARBITRATION “ Section 1. … It is hereby agreed and understood that until final decision has been rendered by the .Arbitration Board, as provided in Article V, there shall be no lock-outs of any sort by the parties of the first part, nor shall there

In re Rush

42 Misc. 70 · New York Supreme Court · Dec 15, 1903

It can only canvass the statements made by the boards of primary inspectors (§8, subd. 4 of the Primary Election Law; People ex rel. Calihan v. Hunt, 75 App. Div. 33 ). … Every board of primary inspectors is a body entirely independent of every other board. What it did in the way of counting or not counting ballots is a question of fact.

Volgenau v. Finegan

163 Misc. 554 · New York Supreme Court · Jan 17, 1937

The old statute did not specify whether it was limited to State officers only, or included municipal boards as well. But in People ex rel. Toomey v. Heath ( 199 App. … Drake v.