Case law

Greenberg v. American Surety Co.

15 Misc. 2d 422 · New York Supreme Court · Dec 16, 1958

The attempt of plaintiff, in the case at bar, to distinguish Calhoun v. … The distinction has been drawn in cases where the question of the validity of a contingent fee depended on other considerations (Brown v.

Murphy v. Ralph

165 Misc. 335 · New York Supreme Court · Sep 9, 1937

(Dubinsky v. Blue, Dale Dress Co., Inc., 162 Misc. 177 ; Schlesinger v. Quinto, 117 id. 735; affd., 201 App. Div. 487 .) So have the courts of many other States. (Weber v. Nasser, [Cal. App.] 286 P. 1074 ; Harper v. … (Goldman v. Cohen, 222 App.

People ex rel. Blenheim v. Supervisors of Schoharie County

2 N.Y.S. 142 · New York Supreme Court · Jul 2, 1888

. *143 The law in regard to the indigent insane has been laid down in a decision in the fourth department, (People v. Supervisors, 46 Hun, 354 ;) and we need not discuss it. … It is urged by the relators that the action or non-action, in this respect, of former boards of supervisors, is conclusive; that the proposed action would be a review of what had been decided by former boards, and that this

Campbell v. Quigley

127 Misc. 261 · New York Supreme Court · May 8, 1926

(Browne v. City of New York, 241 N. Y. 96, 125 .) … . *263 (People v. Martin, 203 App. Div. 423 ; affd., 235 N. Y. 550 ; Packard v. Banton, 264 U. S. 140,144 .) The ordinance is presumed to be reasonable. (City of Rochester v. Macauley-Fien M. Co., 199 N. Y. 207, 211 .)

People v. Mangan

140 Misc. 783 · New York Supreme Court · Jul 13, 1931

(People v. Glen, 173 N. Y. 395 ; People v. Sexton, 187 id. 495 ; People v. Sweeney, 213 id. 37.) The evidence before the grand jury discloses a conspiracy upon the part of the president, Andrew J. … (People v. Lindenborn, 23 Misc. 426 .)

People ex rel. Schreiner v. Tekben

160 Misc. 2d 34 · New York Supreme Court · Dec 23, 1993

Brown v Johnston, 9 NY2d 482, 485 [1961]; and see also, United States ex rel. Wolfersdorf v Johnston, 317 F Supp 66 [SD NY 1970]). Administrative convenience does not justify denial of a writ (see, People ex rel. … Brown v Johnston, supra, at 486). In contrast to these cases petitioner herein has available to him administrative procedures which provide, where appropriate, for transfer to a less secure facility.

Doherty v. Meisser

66 Misc. 2d 550 · New York Supreme Court · May 12, 1971

The Board of Elections can take such action only by agreement of its two Commissioners (Matter of Cristenfeld v. Meisser, 64 Misc 2d 296 ). … Surely, the Nassau County Board of Elections cannot now term this court an inconvenient forum.

Hellman v. Hellman

31 Misc. 3d 265 · New York Supreme Court · Feb 11, 2010

(Hellman v Hellman, 60 AD3d 1468, 1468 [2009].) … of ‘direct prohibition by the board’ contemplated by the Court of Appeals in Rothman & Schneider, Inc. v Beckerman, supra, 2 N.Y.2d at 497”], cited in Harry G.

Giudici v. Lofaso

199 Misc. 401 · New York Supreme Court · Mar 19, 1951

(Miner v. Brown, 133 N. Y. 308 .) It is not necessary that the words “ joint tenancy ” be used to create the estate. (Coster v. Lorillard, 14 Wend. 265 ; Purdy v. Hayt, 92 N. Y. 446 .) … (Gaza v. Gaza, 247 App. Div. 837 , affd. 272 N. Y. 617 .) The facts in the cases cited by the defendants are in no wise analogous to the case at bar.

McCabe v. Manhattan Railway Co.

6 N.Y.S. 418 · New York Supreme Court · Jul 9, 1889

The main questions involved in this appeal are embraced in the decision of the case of Weiler v. Same Defendant, ante, 320, (decided herewith.)" … the evidence offered upon the trial it was impossible for the jury to determine whether the plaintiff was caused to fall by the starting of the train, or whether such fall was caused by the fact of some person trying to board

Moore v. County of Essex

49 Misc. 3d 979 · New York Supreme Court · Aug 14, 2015

Assn., Inc. v Cuomo, 123 AD3d 92 , 94-95 [2014], quoting Commonwealth of the N. Mariana Is. v Canadian Imperial Bank of Commerce, 21 NY3d 55, 60 [2013]). … unless it is shown that the Board’s judgment was clearly illegal — and here petitioner has made no such showing (see Matter of Cerro v Washington County Bd. of Supervisors, 247 AD2d 726, 727 [1998], lv denied 92 NY2d 811

Rattigan v. Searing

105 Misc. 155 · New York Supreme Court · Nov 15, 1918

Deister v. Wintermute, 194 N. Y. 99 . … Matter of Smith v. Board of Canvassers, 92 Misc. Rep. 607 ; Matter of Smith v. Wenzel, 216 N. Y. 421 .

Netarz v. Fagan

143 Misc. 893 · New York Supreme Court · Jun 6, 1932

(Matter of Guarino v. Anderson, 259 N. Y. 93 .) The plaintiff claims that the defendant Fagan is an employee and not an official of the county, and that, therefore, this local law does not apply to him. … Therefore, the discretion exercised by the board of supervisors in authorizing the county attorney to appear for him will not be reviewed upon this motion. (Briggs v. Lahey, 101 App. Div. 136 ; Tracy v.

Hillcrest Terrace, Inc. v. Zaubler

22 Misc. 2d 179 · New York Supreme Court · Dec 23, 1959

Inc. v. Brecher, 2 A D 2d 967.) Another situation is presented, however, with respect to examination of two individuals involved herein as witnesses. … Brody, 7 A D 2d 204; McGuire v. Pick, 8 A D 2d 800). Motion is, therefore, granted to the extent of ordering the examination of Louis A. Brown and David L.

In re Thirty-Fourth Street Railroad

2 How. Pr. 369 · New York Supreme Court · May 15, 1885

of railroad commissioners in cases where the companies interested shall unite in a request for such board to act. … Brown ( 26 N. Y., 467 ) is to the same effect. So much of the enactment as is contained in section 14 of chapter 252 of the Laws of 1884 is clearly an appropriate exercise of legislative power.

Jones v. Rochester Society for the Prevention of Cruelty to Children, Inc.

206 Misc. 557 · New York Supreme Court · Sep 15, 1954

(Zenith Bathing Pavilion v. Fair Oaks S. S. Corp., 240 N. Y. 307, 312 ; Golub v. Baruchin, 203 App. Div. 620 ; Boyle v. Semenoff, 201 App. Div. 426 ; Strauss v. Slater, 165 App. Div. 926 ; Penn Oil & Supply Co. v. … Bolt v. Society, 48 Misc. 175, 177 , and see People v. Lewis, 260 N. Y. 171, 178-179 , supra.)

Belden v. Devoe

12 Wend. 223 · New York Supreme Court · Oct 9, 1834

. * As to the decision in Brown v. *226 Bissell, it is an authority for a case similar to it, but cannot be admitted as establishing the general principle that the common affidavit of merits is sufficient to resist a motion … In the last preceding case of M’Kinstry and another v.

O'Connor v. Morrin

109 Misc. 379 · New York Supreme Court · Nov 15, 1919

Perhaps the rule cannot be better stated than in the language of Miller, J., in the case of Lafond v. Deems, 81 N. … To the same effect see Johansen v. Blume, 53 App. Div. 526 ; Lewis v. Wilson, 50 Hun, 166 ; Poultney v. Bachman, 31 id. 49; Burns v. Bricklayers Union, 14 N. Y. Supp. 361 .

Snyder v. Andrews

6 Barb. 43 · New York Supreme Court · Mar 5, 1849

The reading of the letter in question, by the defendant, in the presence of Brown, was a sufficient publication to sustain this action. Second. … By this remark the court no doubt intended to say, that if the jury believed the defendant read the letter to Brown, that would be a publication.

Kline v. Green

31 N.Y.S. 599 · New York Supreme Court · Dec 10, 1894

By chapter 91, Laws 1892, a livery stable keeper is given a lien on animals boarded, provided that such notice in writing be given to the owner. … Eckhard v. Donohue, 9 Daly, 216 : Ogle v. King, 2 City Ct. R. 85.