Case law

Smith v. Frank

70 Misc. 2d 558 · New York Supreme Court · May 5, 1972

This proceeding must be dismissed because “ In the absence of a violation of a statutory duty, an article 78 proceeding for mandamus does not lie” (Matter of Phalen v. … Corp. v. Board of Educ., Union Free School Dist. No. 9, 32 A D 2d 958). Assuming that the form of the proceeding could be ignored (CPLR 103, subd.

Pacheco v. City of New York

11 Misc. 2d 80 · New York Supreme Court · Nov 18, 1954

Div. 912 on the authority of Bernardine v. City of New York, 294 N. Y. 361 ). … Brown v. City of New York ( 279 App.

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.

Freeman v. Brooks

29 Misc. 719 · New York Supreme Court · Dec 15, 1899

The plaintiff seeks to restrain the payment by the water board of the sum above mentioned upon the two grounds: First That said water board had no right to employ spécial counsel, but should have relied upon the city attorney … If either the defendant water board or said attorneys desire it, a reference shall be had herein to proceed upon eight days’ notice. Ordered accordingly.

Halpin v. Mutual Brewing Co.

36 N.Y.S. 151 · New York Supreme Court · Dec 2, 1895

BROWN, P. J. The point made by the appellants, that the original orders authorizing the receiver to pay the judgments in favor of the West Side Bank and Mr. Nester, and the mortgage held by Mr. … The case of Duncan v. George C. Treadwell Co., 82 Hun, 376 , 31 N. Y. Supp. 340 , is quite like the case before us, and sustains the order appealed from. It should be affirmed, with $10- costs and disbursements.

Evans v. Town of Bridgewater

178 Misc. 250 · New York Supreme Court · Jan 23, 1942

In Thomann v. City of Rochester ( 256 N. … The court in Cotriss v. Village of Medina ( 139 App. Div. 872 [4th Dept.]; affd., 206 N.

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 .)

Shepherd v. Lincoln

17 Wend. 249 · New York Supreme Court · May 15, 1837

S. 104, § 6); or summary supervision (id. 208, § 32), no more than tlie lieutenant in the navy, in Nicholson v. … Mounsey (15 East, 384), who was yet held personally liable and solely liable for negligence in conducting the ship, though his captain was on board. The distinctions taken in Nicholson v.

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.

Back v. Kaufman

175 Misc. 169 · New York Supreme Court · Jun 10, 1940

While Goldfinger v. Feintuch ( 276 N. … The case of *171 Allentuck-Brown Dental Laboratories v. Kaufman (N. Y. L. J.

Skinner v. Walter A. Wood Mowing & Reaping Mach. Co.

20 N.Y.S. 251 · New York Supreme Court · Sep 14, 1892

Cont. 29-31; Oil Co. v. Brewer, 66 Pa. St. 354; Sickels v. Pattison, 14 Wend. 257 ; Per Lee v. Beebe, 13 Hun, 89 ; Tipton v. Feitner, 20 N. Y. 423 . … It is not shown that the auditing board had any authority to cancel or annul the contract made by the corporation, or to serve any notice upon the plaintiff; and, if such board, had this power, it does not appear that it

In re Smith

32 N.Y.S. 317 · New York Supreme Court · Feb 11, 1895

Board of Health v. Heister, supra. … Rapello, J., in People v. Keeler, 99 N. Y. 479 , 2 N. E. 615 ; Happy v. Mosher, 48 N. Y. 313 ; People v. Supervisors of Essex Co., 70 N. Y. 228 .

Schweiss v. Ambach

115 Misc. 2d 390 · New York Supreme Court · Sep 2, 1982

(ECL 8-0109, subd 2; emphasis supplied; H.O.M.E.S. v New York State Urban Dev. Corp., 69 AD2d 222, 232 .) … clear and unambiguous and the interpretation given the statute by the commissioner so as to allow the determination he reached is without reasonable basis and must be viewed as arbitrary as a matter of law (Matter of Duncan v

Kinney v. City of Syracuse

30 Barb. 349 · New York Supreme Court · Oct 4, 1859

I ought to add, however, that the case of Rumsey v. The People, ( 19 N. Y. … With regard to this point, the court of appeals, in the case of Rumsey v.

Hacker v. Common Council

49 Misc. 2d 69 · New York Supreme Court · Jan 31, 1966

Sec. 5-17, of Article V., as amended, of the Ithaca City Charter, is hereby amended to read as follows: See. 5-17. Scope of authority of board of public works. … (Matter of McCabe v. Voorhis, 243 N. Y. 401, 413 .)

Karnes v. Rochester & Genesee Valley Railroad

4 Abb. Pr. 107 · New York Supreme Court · Dec 15, 1867

Jur., § 2152 ; City of Utica v. Churchill, 33 N. Y., 161 , see opinion of Denio, Ch. J., pp. 237, 238; People v. Commissioners of Taxes, 35 Id., 441; Queen v. Arnand, 9 Ad. & E. N. S., 806). … The action is sought to be maintained, upon the fact alleged, that the stockholders have elected two boards of directors, each of which claims to be the legal representative of the corporate body, and that the two boards

Lewis v. President of Delaware & H. Canal Co.

30 N.Y.S. 28 · New York Supreme Court · Jul 14, 1894

It has frequently been held that to alight from or board a moving train is negligence per se. In Hunter v. Railroad Co., 126 N. Y. 23 , 26 N. … Halpin v. Railroad Co., 40 N. Y. Super. Ct. 175-185; Morrison v. Railway Co., 56 N. Y. 302 . In this last case it is held that, where facts are undisputed, negligence is a question of law.

Strout v. Cross, Austin & Ireland Lumber Co.

175 Misc. 826 · New York Supreme Court · Jan 16, 1941

(See Hinnemann v. Rosenback, 39 N. Y. 98 .) … (See General Utilities Co. v. Helvering, 296 U. S. 200 ; Commissioner of Internal Revenue v. Columbia Pacific Shipping Co., 77 F. [2d] 759.)

Mendoza v. Mendoza

4 Misc. 2d 1060 · New York Supreme Court · Dec 19, 1947

(Brown v. Leigh, 49 N. Y. 78 .) An amended complaint served as a matter of right may also add additional causes of action. … The case of Alkalaj v. Alhalaj ( 190 Misc. 326 ) is clearly distinguishable. There the plaintiff did not amend as a matter of right but applied for permission to serve a supple *1062 mental complaint.

Quintal v. Adler

146 Misc. 300 · New York Supreme Court · Jan 24, 1933

(Lawrence v. Greenup, 97 Fed. 906, 908 .) (See, also, McDonald v. Williams, 174 U. S. 397, 403 ; Bartlett v. Smith, [Md.] 160 Atl. 440 ; 161 id. 509 ; Hospes v. Northwestern Manufg & Car Co., 48 Minn. 174 ; Coleman v. … (McDonald v. Williams, supra; Bartlett v. Smith, 160 Atl. 440 .) (See Mente v. Groff, 10 Ohio N. P. [N. S.] 149, contra.) In McDonald v.