Case law

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.

In re Starr Street

73 Misc. 380 · New York Supreme Court · Sep 15, 1911

Y. 350 ; Norwood v. Baker, 172 U. S. 269 ; County of Monroe v. City of Rochester, 154 N. Y. 570 ), and which is codified in section 1003 of the charter, has been violated. … People v. Underhill, 144 N. Y. 316 ; Smith v. Smythe, 197 id. 457 .

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

Van Neste v. Conover

20 Barb. 547 · New York Supreme Court · Sep 3, 1855

If the delivery on board a foreign ship were alone proof of a waiver of the condition, then there could be no sale for cash, of corn to go abroad, without the payment being made before the delivery. … Afterwards, in Merrick v. Suydam, (1 Code Rep. N.

Bork v. City of Buffalo

2 N.Y.S. 559 · New York Supreme Court · Oct 19, 1888

Y. 506, 509 ; Strusburgh v. Mayor, 87 N. Y. 455 ; Osterhoudt v. Rigney, 98 N. Y. 229 ,) or to prevent the creation of such cloud pursuant to-an existing purpose to do so, (Sanders v. Yonkers, 63 N. Y. 489 .) … People v. Mayor, 5 Barb. 43 ; Lyth v. Buffalo, 48 Hun, 175 , 180.

Sanyshyn v. Commissioners of Elections

36 Misc. 2d 389 · New York Supreme Court · Oct 18, 1962

In Matter of Thompson v. Valentine ( 297 N. … (Matter of Foote v. Lee, 175 Misc. 60 [Supreme Ct., Delaware County, 1940]; Petito v. Heffernan, 115 N. Y. S. 2d 118 [Supreme Ct., Kings County, 1952], affd. 280 App. Div. 883 .) However, in the Matter of Mansfield v.

Bixby v. Mayor of New York

16 N.Y.S. 364 · New York Supreme Court · Nov 13, 1891

In Cox v. Mayor, etc., 103 N. Y. 519 , 9 N. E. … People v. Lacombe, 99 N. Y. 45 , 1 N. E. Rep. 599, and cases cited.

In re Danniels

74 Misc. 485 · New York Supreme Court · Dec 15, 1911

Angerstein v. Kenney, 96 id. 294 ; People ex rel. City of Rochester v. Briggs, 50 id. 566; Gordon v. Cornes, 47 id. 608; People ex rel. Murphy v. Kelly, 76 id. 475. … Farrington v. Mensching, 187 N. Y. 9 , citing Devoy v. Mayor, 35 Barb. 264, 270 ; 36 N. Y. 449, 451 ; People v. Dooley, 171 id. 74.

People v. Bagley

183 Misc. 2d 523 · New York Supreme Court · Dec 21, 1999

Brown, dated June 26, 1979, Bill Jacket, L 1979, ch 412.) … Brown, dated June 25, 1979, Bill Jacket, L 1979, ch 413.)

Barbara Homes, Inc. v. Michaelis

14 Misc. 2d 620 · New York Supreme Court · Aug 25, 1958

This is a petition under article 78 of the Civil Practice Act to review the adverse determination of the board [Board of Zoning Appeals of the Town of Hempstead, Nassau County] respecting the erection of a building upon lots … Y. 306 ); Bertles v. Nunan ( 92 N. Y. 152 ); Matter of Maguire ( 251 App. Div. 337 [2d Dept.]) and other cases.

Duffy v. Wyman

58 Misc. 2d 649 · New York Supreme Court · Dec 10, 1968

violation of his duties ” in not providing her with a “ fair hearing ” on an appeal from a determination of the Nassau County Department within the time limit prescribed by the Rules and Regulations of the New York State Board … To obtain a mandamus type judgment, such as is sought herein, the petitioner must establish that there has been a violation of a statutory duty (Matter of Phalen v.

Kane v. City of New York

51 Misc. 2d 587 · New York Supreme Court · Sep 13, 1966

Petitioner, in this article 78 CPLR proceeding, seeks to annul a determination made by the Board of Assessors of the City of New York assessing his property for sewer construction. … Co. v. Wildy, 262 N. Y. 109, 111, 112 ). However, no special assessment may be sustained unless a benefit can be found (Board of Educ. v. Village of Alexander, 197 Misc. 814 ).

Faulkner v. Cody

45 Misc. 64 · New York Supreme Court · Sep 15, 1904

Newcomb v. Bonham, 1 Vern. 7; Odell v. Montross, 68 N. Y. 499 ; Kraemer v. Adelsberger, 122 id. 476; Cooley v. Lobdell, 153 id. 600; Mooney v. Byrne, 163 id. 86; Reich v. Dyer, 91 App. … Brown testifies the amount of the advance, at the time of taking the deed from the State was arranged for, was $500.

Gray v. Rothschild

1 N.Y.S. 299 · New York Supreme Court · May 18, 1888

Brown, 120 Mass. 493 . In Marselis v. Canal Co., 1 N. J. … Brown, 16 Barb. 325 , the undertaking on which the action was brought had been jointly entered into with and for the benefit of the persons who had joined as plaintiffs in the action; while in Brinkerhoff v.

Steel v. President of Western Inland Lock Navigation

2 Johns. 283 · New York Supreme Court · May 15, 1807

motion mayj therefore, be denied, consistently with a fit and discreet exercise of the power of the court in granting new trials. *288 Under similar circumstances a new trial was denied by this court in the case of Malin & Brown … Van Horne v. Petric & others.

People v. Fryson

36 Misc. 2d 73 · New York Supreme Court · Sep 19, 1962

Brown, 7 N Y 2d 359) and even if proven would not constitute a denial of due process.” (Italics supplied.) " In People v. … In People v. Brown (7 N Y 2d 359, 361) the court also observes: “ Cor am nobis may not be availed of to remedy counsel’s negligence or error of judgment.

Cerbone v. Village of Pelham Manor

39 Misc. 2d 320 · New York Supreme Court · May 27, 1963

of Appeals for a variance, to the Board of Trustees for a change of zone and to the Building Inspector for a certificate of lawful occupancy. … In Skrysak v. Village of Mt. Prospect ( 13 Ill. 2d 329, 333-334 ) a dentist sought to practice his profession in his residence in a residential district where such use was prohibited.

Andrews v. Herriot

4 Cow. 508 · New York Supreme Court · Aug 15, 1825

Hicks v. Brown, 12 Johns. Rep. 142, 3. Slacum v. Pomeroy, 6 Cranch, 221 . Hull v. Blake, 13 Mass. Rep. 153 .) So a construction of foreign marriage settlements (Cowp. 174. Feaubert v. … (Potter v. Brown, 5 East, 124.) The earlier cases of Ballantine v. Golding, (Cooke’s Bank. Law, 515,) and Smith, v. Buchanan, (1 East, 6,) proceeded upon the same principle.

Stenson v. City of New York

40 Misc. 533 · New York Supreme Court · Apr 15, 1903

Barry v. Keller, 30 Misc. … In the case of Graham v. City of New York, 33 Misc. Rep. 56 , Mr.

Otis v. Harrison

36 Barb. 210 · New York Supreme Court · Feb 10, 1862

By the Court, Brown, J. … Emott, Brown and Scrugham, Justices.]