Case law

Upton v. Vail

6 Johns. 181 · New York Supreme Court · Aug 15, 1810

(Eyre v. Dunsford, 1 East, 318. Haycraft v. Creasy, 2 East, 92. Tapp v. Lee, 3 Bos. Pull. 367. Harnar v. Alexander, 5 Bos. & Pull. 241. 1 Campbell's N. P. 4. 277. Wise v. Wilcox, 1 Day’s Cases in Error, 22.) … The case of Paisley v.

Hertz v. Quinn & Kerns, Inc.

21 Misc. 2d 227 · New York Supreme Court · Dec 14, 1959

A dissenting director cannot circumvent the action of the board of directors duly made by the majority, as the business of the corporation, including the interposition of an answer to a lawsuit, is exclusively within their … A dissenting director may not defend an action on behalf of the corporation after permission to do so has been refused by the affirmative vote of the majority of the board of directors (Sterling Inds. v.

Lesley v. Johnson

41 Barb. 359 · New York Supreme Court · Feb 8, 1864

These papers were left with William V. Brady, and exhibited to the plaintiff as an inducement for him to purchase the bond and mortgage. … Brown, Scrugham and Lott, Justices.]

Solomon Grundy's Frigate, Ltd. v. Inc. Village of Massapequa Park

76 Misc. 2d 695 · New York Supreme Court · Sep 24, 1973

As the Court of Appeals said in a prior case involving respondent village: ‘ ‘ The village board apparently ignored the provisions of its own code with reference to the issuance of cabaret licenses ”. … (Matter of Vancouver Drive Rest. v. Board of Trustees of Vil. of Massapequa Park, 33 N Y 2d 580, 581.) Other contentions have been made by the parties. However, it is unnecessary to consider them for this decision.

In re Village of LeRoy

23 Misc. 53 · New York Supreme Court · Mar 15, 1898

By the act of 1875, the. “ authorities ” of a village were defined to be the board of trustees thereof; it authorized the trustees to organize themselves 'as a board of water commissioners; it authorized" a board of water … See Mayor v. Manhattan R. Co., 143 N. Y. 1 ; Matter of Cooper, 93 id. 507.

Dickinson v. Monroe

180 Misc. 714 · New York Supreme Court · Sep 25, 1943

of Trustees of the village shall hold office at the pleasure of the Board. … (Matter of Morris v. Neider, 259 App. Div. 49 , supra.)

Van Auken v. Kimmey

141 Misc. 117 · New York Supreme Court · Jul 27, 1931

Arbitrariness is overcome by the setting up of boards of appeal — excepting in Syracuse, N. Y., which has no such board. … Article V-4.

Town of North Hempstead v. Village of North Hills

78 Misc. 2d 54 · New York Supreme Court · Apr 30, 1974

, that they do not embody a comprehensive plan, thus permitting a case by case rezoning of the entire village, -and that a substantial conflict of interest exists on the Village Board of Trustees. … The town is a creature of the State Legislature and has only such powers and authority as the Legislature grants by statute, and no more (People v. Scott, 26 N Y 2d 286, 289; Matter of Perry v.

Anchor Motor Freight N. Y. Corp. v. Local Union No. 445 of International Brotherhood of Teamsters of America

12 Misc. 2d 757 · New York Supreme Court · Jan 14, 1958

(See McCarroll v. Los Angeles County Dist. Council, 315 P. 2d 322 ; Philadelphia Marine Trade Assn. v. International Longshoremen’s Assn., 382 Pa. 326 ; Matter of Aaronson Bros. Paper Corp. v. Fishko, 286 App. … (See Stewart Stamping Corp. v. Uprichard, 133 N. Y. S. 2d 579, affd. 284 App. Div. 902 ; Dalzell Towing Co. v. United Marine Division, I. L. A. Local 333, 279 App. Div. 212 ; Republic Aviation Corp. v.

Plainview Plumbing & Heating Co. v. Ethical Culture Society of Long Island, Inc.

24 Misc. 2d 1005 · New York Supreme Court · Sep 27, 1960

Therefore, the Spiritual Leader was not invested with any power to exercise judgment and discretion in operating the affairs of the society and thus qualify him as a managing agent of the corporation (Fischer v. … Also, “ the business of a corporation shall be managed by its board of directors ” (General Corporation Law, § 27; Matter of Shupack, 1 A D 2d 841).

Lawrence v. Mayor of New York

2 Barb. 577 · New York Supreme Court · Apr 3, 1848

(Hills v. Miller, 3 Paige, 254 . Trustees of Watertown v. Cowen, 4 Id. 510. Corning v. Lowerre, 6 John. Ch. 439. Oakley v. The Trustees of Williamsburg, 6 Paige, 262 . 2 Mylne & Craig, 123.) … (Bailey v. Mayor, &c. of New- York, 3 Hill, 531 , 541. Attorney General v. Mayor of Liverpool, 1 Myl. & Craig, 171. Frowin v. Lewis, 4 Id. 249, 255.)

Fitzhugh v. Truax

1 Hill & Den. 644 · New York Supreme Court · Aug 15, 1841

(Brownell v. Marsh, 22 Wend. 636 .) … (Brown v. Tousey, 19 Wend. 616 .)

Bally's Aladdin's Castle, Inc. v. Town of Clarkstown

126 Misc. 2d 543 · New York Supreme Court · Nov 26, 1984

Corp. v Board of Trustees of Inc. Vil. of Monroe, 49 AD2d 461, 464 .) … (Dugan Bros. v Zorn, 145 Misc 611 .)

Smith v. Empire Insurance

25 Barb. 497 · New York Supreme Court · Oct 20, 1857

Duncan v. Sun Fire Ins. *504 Co., 6 Wend. 488 . Sexton v. Montgomery Ins. Co., 9 Barb. 191 . Kennedy v. St. Lawrence Co. Mu. Ins. Co., 10 id. 285 . Westfall v. Hudson River F. Ins. Co., 2 Kern. 289. Mead v. N. … But that case has been shaken too much by the court of appeals, in Wilson v. The Herkimer Co. Mu. Ins. Co., (2 Selden, 53,) to be followed; and the case of Brown v. The People’s Mu. Ins.

Clark v. Cuomo

125 Misc. 2d 968 · New York Supreme Court · Sep 25, 1984

(Ma tter of County of Oneida v Berle, 49 NY2d 515, 523 .) … (Youngstown Co. v Sawyer, 343 US 579, 593-594 , supra.)

Jones v. Mail & Exp. Pub. Co.

30 N.Y.S. 335 · New York Supreme Court · Jul 27, 1894

Tonnele v. Hall, 4 N. Y. 140 . … BROWN, P. J., dissents.

Demarest v. Mayor of New York

26 N.Y.S. 585 · New York Supreme Court · Dec 15, 1893

The last question would not seem to be quite the same as the one considered in People v. Tiphaine, 3 Parker, Crim. R. 241; Devoy v. Mayor, etc., 35 Barb. 264 ; and in Harbeck v. … In Dolan v. Mayor, etc., 68 N.

Baldwin v. Smith

36 N.Y.S. 159 · New York Supreme Court · Dec 2, 1895

Garlock v. Vandevort, 128 N. Y. 377 , 28 N. E. 599 . … BROWN, P. J., concurs. PRATT, J., dissents, on the ground that the estate in remainder created by the will vested on the death of the testator.

Braem v. Merchants' National Bank

6 N.Y.S. 846 · New York Supreme Court · Jul 20, 1889

In Browne v. … In Yates v. Joyce, 11 Johns. 136 , the plaintiff had a judgment which was a lien on the property removed. In Brown v. Feeter, 7 Wend. 301 , the plaintiff owned the property taken by the direction of the defendant.

Proctor Smith v. O'Brien

46 Misc. 325 · New York Supreme Court · Feb 15, 1905

As said by Chief Justice Best in Bevan v. … The garage keeper is like unto the livery-stable keeper, but he comes not within the language of the statute: '“A person keeping a livery stable, or boarding stable for animals, ■ or pasturing or boarding one or more animals