Case law

Otis v. Harrison

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

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

Flatiron Community Ass'n v. New York State Liquor Authority

6 Misc. 3d 267 · New York Supreme Court · Sep 16, 2004

It is well settled that the role of a court on a CPLR article 78 proceeding is solely to determine whether the decision was rationally based, and not arbitrary and capricious (Matter of Pell v Board of Educ., 34 NY2d 222 … [1974]; Matter of Nelson v Roberts, 304 AD2d 20 [2003]; see also Matter of Albshaad, Inc. v New York State Liq.

People ex rel. Lord Constr. Co. v. Stevens

67 Misc. 529 · New York Supreme Court · May 15, 1910

The Court of Appeals has held, in People v. Contracting Board, 27 N. … (People v. Canal Board, 13 Barb. 450 , and cases cited.) The only legal right of the relator in such a case, if he could have any, would be to damages to him for refusing him the contract.”

Bisceglie v. Bell Container Corp.

32 Misc. 2d 440 · New York Supreme Court · Oct 25, 1961

Bank, Canajoharie v. Board of Edue. Cent. School Hist. No. 1,3 AD 2d 258). … (See Burns v. Lipson, 204 App. Div. 643 ; Kelly v. Kaiser, 158 N. Y.

Burch v. Cavanaugh

12 Abb. Pr. 410 · New York Supreme Court · Jul 15, 1872

In the case of Doolittle v. Supervisors ( 18 N. … In Roosevelt v. Draper ( 23 N.

American Water Resources, LLC v. Liu

41 Misc. 3d 963 · New York Supreme Court · Sep 26, 2013

McLean from the Water Board insists that this point was conclusively established as far back as 1861 in a decision by the New York Superior Court entitled Terry v Mayor (8 Bosw 504 [1861]), and was reestablished in 2005. … Corp. v Hartnett ( 151 AD2d 84 [3d Dept 1989]) is another similar case.

Devane v. Troy Savings Bank

119 Misc. 2d 463 · New York Supreme Court · May 18, 1983

Prior to the resolution of the board, petitioner was a trustee of the Troy Savings Bank. … (See Creed v Peekskill Sav. Bank, Supreme Ct, Westchester County, Jan. 4; 1978, wherein the Honorable Anthony J.

People ex. rel. Poughkeepsie Trust Co. v. Lane

41 Misc. 1 · New York Supreme Court · Jun 15, 1903

Friedman v. City of New York

63 Misc. 310 · New York Supreme Court · May 15, 1909

Babbage v. Powers, *312 130 N. Y. 281 . … boards upon the street.

In re Albrecht

132 Misc. 713 · New York Supreme Court · Aug 30, 1928

In Williams v. Ingersoll ( 89 N. … It was a hen for the value of the services rendered in that very action ” (citing Williams v. Ingersoll, supra; Adams v. Fox, 40 Barb. 442, 445 ; West v. Bacon, 13 App. Div. 371 ; Phillips v. Stagg, 2 Edw.

Pieschel v. Miner

30 Misc. 301 · New York Supreme Court · Jan 15, 1900

Gavin v. Rogers & Co., 17 Rettie, 206; Beven Neg. 141; Thomas Neg, 574. … Beven Neg. 141; Cosulich v. S. O. Co., 122 N. Y. 118 ; Dobbins v. Brown, 119 id. 188 . Motion denied.

Beyer v. Burns

150 Misc. 2d 10 · New York Supreme Court · Mar 21, 1991

Zoning provisions creating a district limited to elderly people (Maldini v Ambro, 36 NY2d 481 ) and the creation of a five-acre "floating zone” (Blitz v Town of New Castle, 94 AD2d 92 ) have been upheld. … v Zoning Bd. of Appeals, 158 AD2d 801 , lv denied 76 NY2d 706 ).

Cottone v. County of Schenectady

134 Misc. 2d 805 · New York Supreme Court · Mar 4, 1987

Brown, J. … (See, DeMarco v Federal Ins. Co., 99 AD2d 114 .)

Hoffman v. Bachman

187 Misc. 799 · New York Supreme Court · Oct 10, 1946

In event the Board of Inspectors denies registration, the petitioner may reapply to this court without prejudice. … Y. 180 [1925]; Matter of Watermeyer v. Mitchell, 275 N. Y. 73 [1937]). In the Goodman case (supra) a student occupied a room in a seminary and took oath that he intended to make the seminary his residence.

People ex rel. Johnson v. Superintendent, Fishkill Correctional Facility

47 Misc. 3d 984 · New York Supreme Court · Mar 3, 2015

(Oxenhorn v Fleet Trust Co., 94 NY2d 110, 116 [1999]; Matter of Parkview Assoc, v City of New York, 71 NY2d 274, 282 [1988]; Morley v Arricale, 66 NY2d 665, 667 [1985].) … Beam v Hodges, 286 AD2d 936 [4th Dept 2001]; People ex rel. Wilson v Keane, 267 AD2d 686 [3d Dept 1999]).

Ward v. Kropf

120 N.Y.S. 476 · New York Supreme Court · Jan 1, 1910

Kingsland v. Clark, 70 N. Y. 518 . … McDonald v. Mayor, 68 N. Y. 23 , 23 Am. Rep. 144 ; Parr v. President of Greenbush, 72 N. Y. 463 ; People ex rel. Coughlin v. Gleason, 121 N. Y. 631 , 25 N. E. 4 .

Abramson v. Blakeley

25 Misc. 2d 967 · New York Supreme Court · May 16, 1960

The fourth cause of action is against the entire board, alleging excessive payments to defendants Kiefer and Nauheim for “ special services ”. … Plaintiff has alleged herein that some of the members of the board were appointed by, and all are dominated and controlled by defendant Eosenstiel, and that a substantial majority of the board has participated in the wrongs

Donohue v. City of New York

54 Misc. 415 · New York Supreme Court · May 15, 1907

The lease, which was for a period of ten years, with the privilege of a renewal for a further period of ten years at an increased rental, contained a provision to the effect that in case the board of docks should determine … Gushee v. City of N. Y., 42 App. Div. 37 . The affidavits present a meritorious case and an injunction pendente lite should issue. Injunction ordered.

Warren v. Bigelow Blue Stone Co.

56 N.Y. St. Rep. 416 · New York Supreme Court · Dec 15, 1893

Justice Brown in the court below was as follows: Brown, J. The petitioner on this motion is the owner of shares of stock in the defendant corporation, of which she became the owner in Pebruarv, 1880. … Kent v. Quicksilver Mining Co., 78 N. Y., 159 ; Skinner v. Smith, 134 id., 240; 47 St. Rep., 528 . The claim that $32,000 of the bonds have been paid by the company does not rest upon the assertion of any fact.

Hatfield v. Buck

193 Misc. 1041 · New York Supreme Court · Dec 17, 1948

the essential elements necessary to create a valid trust of personal property is “ the actual delivery of the * * * property * . * * to the trustee, with the intention of passing legal title thereto to him as trustee ” (Brown … v.