Case law

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.

Wildermuth v. LaGuardia

180 Misc. 725 · New York Supreme Court · Sep 20, 1943

Chatfield as a member of the Board of Education of the City of New York representing the Borough of Queens. … Co. v. Gillespie, 172 Misc. 112 .) A consideration of the papers herein does not establish the existence of any triable issue. There is no material dispute upon the essential facts. Dr.

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.

Van Dusen v. Lomonaco

24 Misc. 2d 878 · New York Supreme Court · Mar 3, 1960

(Baldwin v. Brown, 16 N. Y. 359, 362 .) … (Baldwin v. Brown, supra, p. 364 ; Katz v. Kaiser, 154 N. Y. 294 ; Reed v. Farr, 35 N. Y. 113, 117 , supra.)

In re the Arbitration between Adams & Vehicle Accident Indemnification Corp.

49 Misc. 2d 473 · New York Supreme Court · Mar 17, 1966

(Lauritano v. American Fid. Fire Ins. Co., 3 A D 2d 564, affd. 4 N Y 2d 1028; Matter of MV AIC [Brown], 15 A D 2d 578.)

JP Morgan Chase Bank, N.A. v. Peters

55 Misc. 3d 849 · New York Supreme Court · Jan 23, 2017

Peters for unpaid common charges (see Board of Mgrs. of Strivers Gardens Condominium v Peters, Sup Ct, NY County, Schecter, J., index No. 153717/13). … This court takes judicial notice of the judgment of foreclosure and sale in that matter, which states that the foreclosure is subject to the mortgage held by plaintiff (see Board of Mgrs. of Strivers Gardens Condominium v

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.

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

Watson v. Delafield

2 Cai. Cas. 224 · New York Supreme Court · Nov 15, 1804

In the case of Fitzherbert v. … This arriving in a vessel on board of which was one of his letters directing insurance, and, under apprehensions that none was effected, are circumstances which have very great influence on our decision.

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.

In re Egan

134 Misc. 2d 500 · New York Supreme Court · Dec 6, 1986

(See, Matter of Ballien v Alpert, 42 AD2d 302, 303 , citing Matter of Weinberger v Jackson, 28 AD2d 559 , affd 19 NY2d 995 .) … by the Board on October 24, 1986.

Flaum v. Kaiser Bros.

66 Misc. 586 · New York Supreme Court · Mar 15, 1910

in Jacobson v. … The same rule is recognized in Butts v. Wood, 37 N. Y. 317 ; and these authorities show that action by a board of directors which required the vote of an interested director is not binding upon the corporation.

Joseph Schlitz Brewing Co. v. Ester

33 N.Y.S. 143 · New York Supreme Court · Apr 12, 1895

Reynolds v. Robinson, 64 N. *146 Y. 589 ; Coleman v. Burr, 93 N. Y. 17 ; Porter v. Dunn, 131 N. Y. 314 , 30 N. E. 122 . … Therasson v. McSpedon, 2 Hilt. 1 ; Barker v. Bucklin, 2 Denio, 45 ; Seaman v. Hasbrouck, 35 Barb. 151 .

Levin v. Haber

28 Misc. 2d 529 · New York Supreme Court · Apr 27, 1961

It may not be used as a substitute for an injunction in a plenary suit to prevent violation of a law, as was pointed out in Matter of Donegan v. Patterson ( 4 Misc 2d 81 ). … Nor does this case qualify for the limited constitutional test permitted in an article 78 proceeding by the decision in Matter of Diocese of Rochester v.

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 .

People ex rel. City of New York v. Lawrence

48 Misc. 52 · New York Supreme Court · Jul 15, 1905

Stephens v. Phillips, 88 App. Div. 560 , while in opposition reliance is placed on Matter of Fitch, 147 N. Y. 334 . … Stephens v. Phillips, 88 App.

Pierce v. Kearney

5 Hill & Den. 82 · New York Supreme Court · May 15, 1843

But, retailing again to the case of Marquand v. Webb, I may refer to Brown v. Brown, (4 Taunt. 752,) Ripley v. Thompson, (12 Moore, 55,) Taylor v. Cohens, (id. 219,) and M'Brain v. … On motion for a new trial, Brown v. Brown (4 Taunt. 752) and Mant v.

People ex rel. Cavalski v. Hunt

174 Misc. 1048 · New York Supreme Court · Sep 16, 1940

The Board’s authority is limited by the verdict, the sentence and the statute in this case to seven and one-half years. … Romano v. Brophy ( 280 N. Y. 181 ; Id. 707).

Morrison v. Hain Celestial Group, Inc.

40 Misc. 3d 812 · New York Supreme Court · Jun 20, 2013

Zilavy (collectively the Board) (complaint lili 9-21, 30). … . . the board of directors could have properly exercised its independent and disinterested business judgment in responding to a demand” (Rales v Blasband, 634 A2d 927, 934 [Del 1993]; Simon v Becherer, 7 AD3d 66 [1st Dept

Eastling v. Federated Department Stores, Inc.

12 Misc. 2d 795 · New York Supreme Court · Feb 14, 1958

Brown, J. … Corp. v. New York Wood Finisher’s Supply Co., 277 App. Div. 1117 , revg. 89 N. Y. S. 2d 805 ; Brooklyn Yarn Dye Co. v. Empire State Warehouses Corp., 276 App. Div. 611 .)