Case law

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.

Nichols v. O'Brien

149 Misc. 280 · New York Supreme Court · Oct 12, 1933

Owners of plots in the rear, whose properties were deemed affected by the engineers in the board of estimate, opposed the change. … To the best of my knowledge, in none of them was exception taken, except in the case of Smidt v. McKee.” The case of Smidt v. McKee ( 262 N.

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.

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.

People ex rel. Barry v. Keller

30 Misc. 52 · New York Supreme Court · Dec 15, 1899

Babcock v. Murray, 70 N. Y. 521 ) or in the form of a resolution of the appointing board duly entered in its records. People ex rel. Mosher v. Stowell, 9 Abb. 27 . C-456. … Babcock v.

Trustco Bank New York v. 37 Clark Street, Inc.

157 Misc. 2d 843 · New York Supreme Court · Feb 24, 1993

Brown, J. The plaintiff in this mortgage foreclosure action has moved for summary judgment, which includes an award of certain damages designated late charges. … (Winston Personnel Agency v Abcon Indus., 108 Misc 2d 695 .) On the other hand, all contracts providing for forfeiture will be strictly interpreted to avoid the result. (Lyon v Hersey, 103 NY 264 .)

People ex rel. Djurovic v. Djurovic

205 Misc. 216 · New York Supreme Court · Feb 4, 1954

Pending attempts to settle their dispute, the parties placed their two children in a boarding school. … (Schneiderman v. United States, 320 U. S. 118, 122 .) The court will jealously guard this treasured birthright of the child. In People ex rel. Choolokian v. Mission of Immaculate Virgin ( 192 Misc. 454 , affd. 274 App.

People ex rel. Sweet v. Lyman

20 Misc. 80 · New York Supreme Court · Apr 15, 1897

of 1896, known as the “ Liquor Tax Law,” and did at such time take the examination submitted by the said board to him for such position. . … Van Petten v. Cobb, 13 App. Div. 56 .

In re Batterman

14 Misc. 213 · New York Supreme Court · Oct 15, 1895

The petitioner asks for an order directed tO' the board of registry of the second election district, of the town of Oolonie, Albany z county, directing such board of registry to place his name upon the registry list of said … Silvey v. Lindsay, 107 N. Y. 55 -61.

Berlinrood v. Owitz

194 Misc. 487 · New York Supreme Court · Jan 26, 1949

(National School of Visual Education v. Brown, 69 N. Y. S. 2d 20.) Settle order.

People ex rel. West Shore Railroad v. Adams

10 N.Y.S. 295 · New York Supreme Court · May 2, 1890

In People v. Davenport, 91 N. … In People v. Carter, 109 N. Y. 582 , 17 N. E.

Anderson v. Scannapieco

54 Misc. 3d 242 · New York Supreme Court · Aug 9, 2016

(See Matter of D’Alvia v DiGiacomo, 175 AD2d 891 [2d Dept 1991]; Matter of Crawley v Board of Elections of County of Rensselaer, 218 AD2d 914 [3d Dept 1995]; Matter of Axelrod v Reda, 120 AD3d 671 [2d Dept 2014]; Matter of … Maltese v Anderson, 264 AD2d 457 [2d Dept 1999]; O’Neill v Board of Elections of St.

Walsh v. McElligott

169 Misc. 457 · New York Supreme Court · Jun 24, 1938

(Dissenting opinion of Hubbs, J., Matter of Sheridan v. McElligott, 278 N. Y. 59, 63, 64 , and the cases there cited.) … (Matter of Sheridan v. McElligott, supra, 63 .) The application in this case comes within the second of the foregoing rules.

People ex rel. New York Central & Hudson River Railroad v. Gourley

64 Misc. 605 · New York Supreme Court · Oct 15, 1909

New York Central & Hudson River Railroad Company v. Keno, 61 Misc. … franchise “ as so fixed ” by the State board shall be entered by the assessors or other officers in the proper column of the assessment-roll, .etc., and again provides that “ the valuation so fixed by the State board shall

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.

Peterson v. Allen

9 Misc. 2d 680 · New York Supreme Court · Jan 23, 1958

of education of each of such districts, it shall be the duty of such trustees or board of education to submit such proposed consolidation to the commissioner of education for approval. … Matter of Colson v. Allen, 285 App. Div. 797, 798 ; Matter of Kieval v. Wilson, 285 App. Div. 1203, 1204 , appeal dismissed 1 N Y 2d 663; Matter of Ross v. Wilson, 308 N. Y. 605 ; Matter of Kuhn v.

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

Shepard v. Stebbins

55 N.Y. Sup. Ct. 247 · New York Supreme Court · Apr 15, 1888

S., 2347, § 20; Emerson v. Spicer, 46 N. Y., 596 ; White v. Parker, 8 Barb., 52 ; Copley v. O'Niel, 39 How. 41 .) … Dig., 413); Matter of Wandell ( 32 Hun, 545 ); Matter of Miller (34 id., 267); Browne v. Bedford ( 4 Dem., 304 ); Hyland v. Baxter ( 98 N. Y., 610 ; S. C., 42 Hun, 9 ).

Occidental Chemical Corp. v. New York State Environmental Facilities Corp.

125 Misc. 2d 1046 · New York Supreme Court · Sep 26, 1984

EFC’s board of directors noted that Occidental had undertaken the remedial procedures pursuant to an order of the United States District Court. … The Commissioner adopted a 4.5% across-the-board ceiling on all staff salary increases and refused to allow reimbursement for any salary raises in excess of 4.5%.

Walradt v. Phœnix Ins.

19 N.Y.S. 293 · New York Supreme Court · Apr 15, 1892

policy relates to change of title, I think it is to be construed as an actual change of title or interest, and the “condition applies only to a legal transfer which divests the insured of title to” the subject insured, (Browning … v.