Case law

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.

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 .)

In re the Objections to the Certificate of Nomination of Hennessy

32 Misc. 616 · New York Supreme Court · Oct 15, 1900

Stewart v. Slater, 6 Duer, 83 ; Wood v. Chapin, 13 N. Y. 509 ; McRoberts v. Winant, 15 Abb. Pr. (N. S.) 210. … Div. 637 ; French v. Roosevelt, 18 Misc. Rep. 307 ; Matter of Broat, 6 id. 445-452 . And as was well said by Chief Justice Andrews, in People ex rel. Hirsh v. Wood, 148 N.

Howells v. Stroock

30 Misc. 569 · New York Supreme Court · Feb 15, 1900

Taylor v. Rennie, 35 Barb. 272 ; Carr v. Duval, 14 Pet. 77 ; Maclay v. Harvey, 90 Ill. 525 . … Div. 308 ; Stone v. Browning, 51 N. Y. 211 . For these reasons there must be judgment for the defendants. Judgment for defendants.

Benjamin v. Meyer

48 Misc. 2d 998 · New York Supreme Court · Jan 13, 1966

Rainone v. Murphy, 1 N Y 2d 367; Matter of Perillo v. State Bd. of Parole, 4 A D 2d 355.) … (People v. Kowalsky, 2 A D 2d 938, affd. 2 N Y 2d 949; People ex rel. Kern v. McDonnell, 137 N. Y. S. 2d 149.)

Bowe v. Cohen

162 Misc. 913 · New York Supreme Court · Mar 15, 1937

(Demarest v. Wickham, [1875] 63 N. Y. 320 ; People ex rel. Watkins v. Perley, [1880] 80 id. 624; People ex rel. Woods v. Crissey, [1883] 91 id. 616; People ex rel. Angerstein v. … (Matter of Osborn v. Cohen, 272 N. Y. 55 .)

Smith v. Reich

30 N.Y.S. 167 · New York Supreme Court · Jul 27, 1894

BROWN, P. J. This action was in ejectment for' a small tract of land in the town of Islip, Suffolk county. … Doe v. Campbell, 10 Johns. 475 ; Simpson v. Downing, 23 Wend. 316 ; Melvin v. Proprietors, 5 Metc. (Mass.) 15; 1 Am. & Eng. Enc. Law, p. 269; Ang. Lim. § 413.

Danforth v. Culver

11 Johns. 146 · New York Supreme Court · May 15, 1814

(Heylin v. Hastings, Com. … See Rucker v. Hannay, n. (4 East, 604.) Peters v. Brown, 4 Esp. N. P. 46. а) See Jackson v. Fairbank, (2 H. Bl. 340.) Whitcomb v. Whiting, (Doug, 652.) Path. Trait, des Oblig. n. 663. 665.

Wootan v. Axelrod

111 Misc. 2d 688 · New York Supreme Court · Dec 8, 1981

The action was taken upon the recommendation of a committee on professional conduct of the State Board for Professional Medical Conduct which had convened to hear charges brought against the petitioner. … of Niagara Mohawk Power Corp. v Public Serv.

Grant v. Metropolitan Transportation Authority

96 Misc. 2d 683 · New York Supreme Court · Jul 7, 1978

(Quintero v Long Is. R. R., 55 Misc 2d 813 .) … (Sarisohn v Dennison, 53 Misc 2d 1081 .)

Cole v. Wilson

202 Misc. 1090 · New York Supreme Court · Sep 15, 1952

(See Matter of Levitch v. Board of Education, *1092 243 N. Y. 373 .) Only by the return can the exact nature of the Commissioner’s decision be determined in this case.” And more recently in Matter of Beam v. … Martin v. Kenyon, 152 App.

People ex rel. Weaver v. Rice

110 Misc. 699 · New York Supreme Court · Mar 15, 1920

He was thereafter duly certified by that board, and the county clerk of Queens county, who is ex officio the register, has appointed him to the position in question. … V, § 9) to secure those who were best qualified by merit and fitness for positions of this and like character.