Case law

Herriman v. Skillman

33 Barb. 378 · New York Supreme Court · Feb 11, 1861

By the Court, Brown, J. … Speaking of the relief to which a junior creditor will be entitled; under such circumstances,Chief Justice Spencer, in Evertson v.

People ex rel. Martin v. Gilon

14 N.Y.S. 75 · New York Supreme Court · Apr 17, 1891

It must be assumed that the board will do its duty and correct any errors in the assessment list, and, until they have passed upon the alleged errors of the assessors, there is no final decision which we can review. … This point has been so recently decided by this court in the case of People v. Gilon, 13 N. Y. Supp. 455 , that it is unnecessary to pursue it further. See opinion of the pourt by Brady, J.

Ash v. Holdeman

13 Misc. 2d 411 · New York Supreme Court · Mar 24, 1958

A trial justice must moreover determine if the issues may be adequately disposed of through internal trade union processes (Rubens v. *417 Weber, 237 App. Div. 15 ; O’Keefe v. … Y. 300 ; Dusing v. Nuzzo, 178 Misc 965 ).

Hynds v. Shultz

39 Barb. 600 · New York Supreme Court · May 5, 1862

when there was low water, and to substitute for any portion of such flush boards a permanent superstructure. … This principle was settled in Cowell v. Thayer (5 Metcalf, 253, 259,) which is decisive of this case.

Di Maggio v. Leon D. Dematteis & Son, Inc.

9 Misc. 2d 1025 · New York Supreme Court · Aug 30, 1957

It is not disputed that the County Executive and the chairman of the board of supervisors are one and the same person. … (Strauch v. Town of Oyster Bay, 263 App. Div. 833 ; see, also, McKinney’s Cons. Laws of N. Y., Book 1, Statutes, § 397.) Motion denied. Settle order on notice.

City of Corning v. Corning Police Department

81 Misc. 2d 294 · New York Supreme Court · Dec 17, 1974

Spenla, and State of New York Public Employment Relations Board. … These procedures included mediation and factfinding under the supervision of the Public Employment Relations Board (PERB).

Goodman v. New York Railways Co.

88 Misc. 95 · New York Supreme Court · Dec 15, 1914

Although the case of Baron v. New York City Rys. Co., 120 App. … See Charbonneau case, supra, distinguishing Nicholson v. Brooklyn Heights R. Co., 118 App. Div. 13 ; and Weber v. Rochester, etc., Co., 145 id. 84 .

Bell v. Lang

40 Misc. 2d 1005 · New York Supreme Court · Nov 20, 1963

In Matter of Mandle v. … Brown, 5 N Y 2d 51, 65, supra).

Hewlett Developers, Inc. v. Frisina

32 Misc. 2d 910 · New York Supreme Court · Jan 11, 1962

which would support a declaration of invalidity of the ordinance (see Telimar Homes v. … Y. 550 ; Matter of Atlas v. Dick, 275 App. Div. 670 , affd. 299 N. Y. 654 ).

Town of Carmel v. Meadowbrook National Bank

15 Misc. 2d 789 · New York Supreme Court · Jan 15, 1959

(Matter of Chandler v. Corbett, 274 App. Div. 1073 ; Matter of Coopersmith v. Murdock, 262 App. Div. 1032 ; Keenly v. McCarty, 137 Misc. 524 ; Matter of Pisicchio v. … Board of Appeals of Freeport, 165 Misc. 156 ; People v. Giorgi, 16 N. Y. S. 2d 923, Coyne, J.)

Morton v. Ostrom

33 Barb. 256 · New York Supreme Court · Dec 10, 1860

(Mowatt v. Wright, 1 Wend. 355 . Russell v. Cook, 3 Hill, 504 . Mutual Ins. Co. v. Wager, 27 Barb. 354 .) … Lott, Emott and Brown, Justices.] The plaintiff’s claim has no foundation in law or equity, and the judgment should be affirmed.

Rick v. West

34 Misc. 2d 1002 · New York Supreme Court · Apr 24, 1962

The Town Board, on the recommendations of the Planning Board, amended the Zoning Ordinance to rezone the 45 acres to light industrial use. … Y. 93, 103 ; Forstmann v. Joray Holding Co., Inc., 244 N. Y. 22, 31 ; Star Brewery Co. v. Primas, 163 Ill. 652 ; Lord Manners v. Johnson, L. R. 1 Ch.

Dillon v. Pan-American Theatrical Co.

96 Misc. 501 · New York Supreme Court · Aug 15, 1916

Dudley v. Armenia Ins. Co., 115 App. Div. 380 ; Continental Securities Co. v. Belmont, 206 N. Y. 7 . … It must be borne in mind that the governing body of corporations in this state is the board of directors. Continental Securities Co. v. Belmont, supra, 19 .

Gray v. Rochester City & Brighton Railroad

15 N.Y.S. 927 · New York Supreme Court · Oct 23, 1891

He boarded the car opposite his store on Main street, near Cortland, where the same stopped for passengers. The seats of this car ran crosswise. … As has already been stated, it was crowded at the time the plaintiff undertook to get on board. At each end of the car was a platform, and these platforms were also filled with standing passengers.

Scannell v. City of Dunkirk

16 Misc. 2d 957 · New York Supreme Court · Feb 6, 1959

Previous to the action taken by the Common Council on June 17, 1958, at a regular meeting of the Zoning Board of Appeals held May 27, 1958, a resolution was unanimously adopted declaring the objection of said board to the … Leahy v. Inspector of Buildings of City of Bedford, 308 Mass. 128 , 31 N. E. 2d 436 ; Jersey Triangle Corporation v. Board of Adjustment, 127 N. J. L. 194, 21 A. 2d 845 ; Polk v. Axton, 306 Ky. 498, 208 , S.

Connor v. Cuomo

161 Misc. 2d 889 · New York Supreme Court · Jun 22, 1994

Co. v Facilities Dev. Corp., 100 AD2d 787, 788 ). … Respondents also rely upon Matter of Waybro Corp. v Board of Estimate ( 67 NY2d 349 ) and East Thirteenth St. Community Assn. v New York State Urban Dev.

Dow v. Lomenzo

52 Misc. 2d 153 · New York Supreme Court · Jun 20, 1966

The court has the power to direct the board or officer to receive the certificate of acceptance as corrected. (Matter of Battista v. Carver, 29 Misc 2d 711 , affd. 14 A D 2d 746, affd. 10 N Y 2d 867.) … (Matter of Lauer v. Board of Elections, 262 N. Y. 416 .) In a Third Department case, the court held that even a three-day late filing was acceptable. (Matter of Smith v.

Holland v. Presley

168 Misc. 447 · New York Supreme Court · Apr 29, 1938

On appeal, the Appellate Division (Richards v. Presley, 243 App. … (Pollitz v. Wabash R. R. Co., 207 N. Y. 113 .) If, as a by-product of the fraud practiced on Mrs.

Kamin v. American Express Co.

86 Misc. 809 · New York Supreme Court · Mar 17, 1976

(Leslie v Lorillard, 110 NY 519, 532 ; see, also, Winter v Anderson, 242 App Div 430, 432 ; Rous v Carlisle, 261 App Div 432, 434 , affd 290 NY 869 ; 11 NY Jur, Corporations, § 378.) … Steinberg v Carey, 285 App Div 1131 .)

Clinton v. Porter

2 Cai. Cas. 176 · New York Supreme Court · Aug 15, 1804

Ehle v. Purdy, 6 Wend. 629 . After twelve days demand of oyer by the plaintiff of a release pleaded by the defendant, he may treat the plea as a nullity and onter the defendant’s default. Field v. Goodman, 4 Wend. 214 . … Henry v. Brown, 19 J. R. 49. The defendant has the same time to plead after delivery as at the time of demand. Mu'holand v. Van Tine, 8 Cow. 132 ; see Varick v. Bodine, 3 Hill, 444 .