Case law

Neaffie v. Hart

4 Lans. 4 · New York Supreme Court · Jan 15, 1871

There they took a cargo on board the boat for Hew York. … The very point decided in Reed v.

Atlantis Group, LLC v. Town of Blooming Grove

25 Misc. 3d 871 · New York Supreme Court · Sep 8, 2009

Co. v City of Mount Vernon, 89 NY2d 735 [1997]; Matter of Doubleday & Co. v Board of Assessors of Vil. of Garden City, 202 AD2d 424, 425 [2d Dept 1994].) … 703 [Sup Ct, Suffolk County 1994]), that decision was reversed on appeal in Matter of Lynch v Board of Assessors of Town of Riverhead ( 227 AD2d 486 [1996]).

City of New York v. New York City Transit Authority

53 Misc. 2d 627 · New York Supreme Court · Apr 12, 1967

Y. 71, 84-85 ; Matter of Blaikie v. Wagner, 46 Misc 2d 441, 443 ; Matter of Hattem v. Silver, 19 Misc 2d 1091 ). … [a]; Diehl v. City of Lackawawna, 233 App. Div. 348, 349 , affd. 258 N. Y. 579 ; Thompson v. Board of Educ. of City of Syracuse, 11 Misc 2d 603, 604 , affd. 279 App. Div. 621 , mot. for lv. to app. den. 279 App.

Niagara County Community College Faculty Ass'n v. Helsby

89 Misc. 2d 653 · New York Supreme Court · Aug 19, 1976

In accordance with Matter of New York State Public Employment Relations Bd. v Martin ( 78 Misc 2d 1072 ) the court finds that the service upon the attorneys for petitioner is also service upon the party. … (Matter of New York State *655 Public Employment Relations Bd. v Board of Educ., 39 NY2d 86 .)

Klingaman v. Bartlett

92 Misc. 2d 271 · New York Supreme Court · Jan 6, 1978

In this article 78 proceeding, the petitioner, who is the deputy chief clerk of the Court of Claims, seeks judgment annulling, insofar as applicable to him, rule 25.44 of the Rules of the Administrative Board of the Judicial … The petition must be dismissed, for the reasons set forth in the memorandum decision in Matter of Goldstein v Bartlett ( 92 Misc 2d 262 ).

Strong v. Sheffield

21 N.Y.S. 505 · New York Supreme Court · Dec 12, 1892

Bacon v. Burnham, 37 N. Y. 614 ; Coulter v. Richmond, 59 N. Y. 478 . … In the case of Jaffray v. Brown, 74 N. Y. 394 , the note was given by the maker to the plaintiffs for goods sold to him by them, and was payable to- their order.

Acierno v. North Shore Bus Co.

173 Misc. 79 · New York Supreme Court · Nov 18, 1939

(Matter of Miller v. Ruehl, 166 Misc. 479 ; Murphy v. Higgins, 12 N. Y. Supp. [2d] 913.) … As stated in Simson v. Brown ( 68 N.

Durkee v. Smith

90 Misc. 92 · New York Supreme Court · Apr 15, 1915

Brown, Orville C. Smith, Bussell A. Little, William A. … Wetmore v. Parker, 52 N. Y. 450 ; Cottman v. Grace, 112 id. 299; Bird v. Merklee, 144 id. 544-550; Matter of Griffin, 167 id. 71; Congregational Unit. Soc. v. Hale, 29 App. Div. 396 .

In re Stringer's Estate

15 N.Y.S. 461 · New York Supreme Court · Jul 2, 1891

The claim is made up of taxes paid and for board of testatrix in the last years of her life. The claim was rejected by the surrogate. … Higgins v. Railroad Co., 66 N. Y. 604 . The proof shows a cause of action, and a legal implication arises that the deceased promised to pay for what was furnished. There is expressed proof of a promise.

Fidelity & Casualty Co. v. Metropolitan Life Insurance

42 Misc. 2d 616 · New York Supreme Court · Dec 31, 1963

Co., 1 Misc 2d 245 , affd. 1 AD 2d 952 ; Siegel v. Prudential Ins. Co., 286 N. Y. 618 ; Equitable Life Assur. Soc. v. Brown, 213 U. S. 25 ). … (See Garfield v. Equitable Assur. Soc., 7 Misc 2d 283 ; but, cf. Equitable Life Assur. Soc. v. Brown, 213 U.

Binghamton Public Library Unit of Broome County Chapter of Civil Service Employees Ass'n v. City of Binghamton

69 Misc. 2d 1005 · New York Supreme Court · May 3, 1972

(Matter of Brooklyn Public Lib. v. Craig, 201 App. Div. 722 , mot. for lv. to app. den. 202 App. Div. 815 ; County of Erie v. Board of Trustees, 62 Misc 2d 396 .) … Y. 167,173 ; Matter of Hardy v. Murphy, 29 A D 2d 1038, 1039; Matter of Savoy Ballroom Corp. [Lubin] 286 App. Div. 684, 691 ; County of Erie v. Board of Trustees, supra.)

Strang v. Barber

1 Johns. Cas. 329 · New York Supreme Court · Apr 15, 1800

Ellis v. Hay, infra, 334; Kane v. Ingraham, infra, vol. 2, p. 403. Brown v. Smith, 9 Johns. R. 84; Brownelow v. Forbes, 2 id. 101; Wiggins v. Wilson, 5 Cowen, 420; Patten v. Stewart, 1 Hall R. 38 . … Collins v. Cook, 4 Day, 1 . Fitch v. Loveland, Kirby, 384. Saunders v. Bobo, 2 Bailey, 492 . Howe v. Ransom, 1 Verm. 276 .

Storer v. Ripley

12 Misc. 2d 662 · New York Supreme Court · Feb 24, 1958

Allen v. Biltmore Tissue Corp., 2 N Y 2d 534; Scruggs v. Cotterill, 67 App. Div. 583 ). … But there must be such an agreement and if it is to operate as such a restriction, that consequence must be clearly expressed (Stern v. Stern, 146 F. 2d 870 ; Lane v. Albertson, 78 App.

People v. Bowe

3 N.Y. Crim. 149 · New York Supreme Court · Jan 15, 1885

The indictment charged that a contract had been entered into between the Board of Aldermen of the city and county of .New York, acting as the Board of Supervisors of the county, and Alexander Y. … Law, 5th ed. § 1019; Pratt v. Price, 11 Wend. 127 .

Niblo v. Clark

3 Wend. 24 · New York Supreme Court · Aug 15, 1829

The case of Bullis v. Gibbons & Brown, (8 Johns. R. 82, is precisely in point. The authorities there cited fully shew that nil debit is not a good plea to such an action. … The case of Rathbone v. Warren, (10 Johns.

Cookingham v. Lasher

38 Barb. 656 · New York Supreme Court · Feb 9, 1863

The ¿ase of Van Keuren v. … Brown, Scrugham and Lott, Justices.]

Alexander v. Byron

2 Johns. Cas. 318 · New York Supreme Court · Jul 15, 1801

Johnson v. … The State v. Silver, 3 Dev. 332 . Freleigh v. The State, 8 Mis. 606 . Brown v. Burrus, id. 26.)

Glamm v. City of Amsterdam

94 Misc. 2d 991 · New York Supreme Court · Jun 10, 1978

The referee’s decision was reversed, however, on January 30, 1975 by the Workmen’s Compensation Appeals Board and an award was made on the ground that plaintiff was an employee of the city under an implied contract of hire … Wreckers v City of Troy, 41 NY2d 1102 .)-

Snyder v. Jenkins

6 Wend. 533 · New York Supreme Court · Mar 17, 1831

Upon the verdict of a jury, judgment cannot regularly be signed till four days after the filing of the postea, 3 Salk. 212, 215; 6 Mod. 241; and such was declared to be the practice in Bank of Orange v. … Brown, 1 Wendell, 31 . The same rule is laid down in Rose v. Rock, 6 Johns. R. 330, viz. that judgments after verdict are always judgments nisi, i. e. unless cause be shewn to the contrary in four days.

Rochester Canoe Club v. Jorling

150 Misc. 2d 321 · New York Supreme Court · Feb 22, 1991

In 1988 Cassara applied to the Planning Board of the Town of Irondequoit (hereinafter the Planning Board) for preliminary subdivision and site plan approval. … Respondent and intervenor-respondent rely upon Matter of Spinnenweber v New York State Dept. of Envtl. Conservation ( 120 AD2d 172 ) which harmonized ECL 15-0905 (2) and ECL 15-0515.