Case law

People v. Kane

4 Denio 530 · New York Supreme Court · May 15, 1847

McNeil, 19 id. 127 ; The State v. Corson, 1 Fairf. 473; The People v. Blankman, 17 Wend. 252 ; Same v. Brown, 23 id. 47; Same v. Koeber, 7 Hill, 39 .) … Loveridge , 11 id. 337 ; Commonwealth v. Otis, 16 id. 198; Harrington v. Brown, 7 Pick. 232 ; The People v. Brown, 23 Wend. 47 .) Of course these cases prove nothing upon the present question.

Crespo v. Kreisel Co.

172 Misc. 2d 182 · New York Supreme Court · Apr 10, 1997

plaintiffs claim of age discrimination under Executive Law § 296 is subject to the arbitration provision of the collective bargaining agreement (the Agreement) entered into between plaintiffs union and the Realty Advisory Board … Flood & Conklin, 388 US 395 [1967]; Timms v Greene, 310 SC 469, 427 SE2d 642 [1993]; Garikes, Wilson, & Atkinson v Episcopal Found., 614 So 2d 447 [Ala 1993]; Ferro v Association of Catholic Schools, 623 F Supp 1161 [SD NY

Doe v. Roe

93 Misc. 2d 201 · New York Supreme Court · Nov 21, 1977

In Kingsley Books v Brown ( 354 US 436 ) Justice Frankfurter distinguished prior restraint from the situation at bar. … Subdivision (9) of section 6509 of the Education Law provides: "Each of the following is professional misconduct: * * * (9) Committing unprofessional conduct, as defined by the board of regents in its rules or by the commissioner

420 Tenants Corp. v. EBM Long Beach, LLC

14 Misc. 3d 224 · New York Supreme Court · Oct 24, 2006

Empls., AFL-CIO v City of New York, 22 AD3d 279, 284 [1st Dept 2005]). … Commn., 32 AD3d 1037, 1038 [2d Dept 2006], citing Matter of Beckman v Talbot, 252 App Div 870 , 871 [2d Dept 1937], revd, on other grounds 278 NY 146 [1938]), respondent Zoning Board offers no legal authority to support the

People v. King

72 Misc. 2d 540 · New York Supreme Court · Dec 1, 1972

(Luck v. United States, 348 F. 2d 763 ; People v. Beagle, 6 Cal. 3d 441 .) … (See, also, People v. Beagle, supra.)

Quill v. Eisenhower

5 Misc. 2d 431 · New York Supreme Court · May 1, 1952

In Matter of Columbia Univ. v. Herzog ( 269 App. Div. 24 , affd. without opinion 295 N. … The court quoted at pages 28 and 29 from Railway Mail Assn. v. Corsi ( 293 N.

Arthur v. Village of Glens Falls

21 N.Y.S. 81 · New York Supreme Court · Nov 22, 1892

These views are sustained in Bauer v. City *83 of Buffalo, (Sup.) 18 N. Y. Supp. 672 , and Merz v. City of Brooklyn, (City Ct. Brook.) 11 N. Y. Supp. 778 . The last case was affirmed by the court of appeals. 128 N. … People v. Supervisors of Chautauqua Co., 43 N. Y. 10 ; Ferguson v. Ross, 126 N. Y. 459 -464, 27 N. E. Rep. 954.

Livingston v. Tel-Ant Electronic Co.

4 Misc. 2d 600 · New York Supreme Court · Jan 6, 1955

The board indicated that it would proceed with arbitration proceedings. The union seeks to stay that arbitration. … While it is generally true that, where the parties provide in their agreement for a time limit in which to seek arbitration, this clause is binding on them (Lewis v. Volmer H. Houlberg, Inc., 220 App.

Syracuse Savings Bank v. Stokes

71 Misc. 508 · New York Supreme Court · Apr 15, 1911

This is -a special proceeding (Velleman v. Rohrig, 193 N. Y. 439 ; House v. Amsdell B. & M. Co., 133 App. … Lawton v. Sager, 11 Barb. 349 ; Bevier v. Schoonmaker, 29 How. Pr. 411 . Exceptions overruled, report of referee confirmed and costs awarded as above stated. Ordered accordingly.

Freedman v. Lloyd

22 Misc. 2d 397 · New York Supreme Court · Oct 27, 1959

The letter of credit called for payment to the seller at Hamburg, among other conditions, on presentation of ‘ ‘ Full set clean on Board Ocean Bills of Lading”. … It must be established by clear and convincing proof of each and every element prescribed by law: representations, falsity, scienter, reliance and damage (Arthur v. Griswold, 55 N. Y. 400, 410 ; Lowendahl v.

People ex rel. Sherrill v. Guggenheimer

29 Misc. 553 · New York Supreme Court · Nov 15, 1899

It may be that the original application for a writ of mandamus was directed to the council as a board, and not to the individual members of the council, and that the board should appear by the corporation counsel, but the … They have the legal right to appeal, because, as members of the board they are, in a legal sense, aggrieved by the decision from which they seek to appeal (People ex rel. Burnham *555 v. Jones, 110 N.

Thompson v. Colonial Assurance Co.

33 Misc. 37 · New York Supreme Court · Nov 15, 1900

There is no room for question that these underwriters constitute an unincorporated association of more than seven persons (Board of Fire Underwriters v. Whipple & Co., 36 App. … At the election of the association, it could sue by its president or treasurer (Code, § 1919), or by an agent performing corresponding duties (Board of Fire Underwriters v.

People ex rel. Harway Improvement Co. v. Berry

139 Misc. 614 · New York Supreme Court · Jan 10, 1931

Co. v. Partridge, 220 App. Div. 595 ; People ex rel. Harway Imp. Co. v. Berry, 229 id. 565.) In both of the previous applications relator was unsuccessful because of technical defects in procedure.. … Trust Co. of New York v. Mayor, etc., of City of New York ( 144 N.

Suydam v. Grand Street & Newtown Rail Road

41 Barb. 375 · New York Supreme Court · Feb 8, 1864

Justice Barculo in the case of Haring v. The New York and Erie Rail Road Company, ( 13 Barb. 15 ,) are peculiarly applicable to the present case. … Brown, Scrugham and Lott, Justices.]

Bregman v. Reville

131 Misc. 486 · New York Supreme Court · Aug 27, 1927

(Matter of Fox Lane Corp. v. Mann, 243 N. Y. 550 , affg. 216 App. Div. 813 .) … decision be affirmed by the board, to review the action of the board by certiorari.

Hook v. Gray

6 Barb. 398 · New York Supreme Court · May 7, 1849

(Parsons v. Thompson, 1 H. Black. 322. Tappan v. Brown, 9 Wend. 175 . Law v. Law, 3 P. Wins. 391.) … Faikney v.

Sorley v. Lister

33 Misc. 2d 471 · New York Supreme Court · Jun 22, 1961

(Blandford v. McClellan, 173 Misc. 15 ; Natelson v. Portfolio, 291 N. Y. 290 .) … (State Road Dept. of Fla. v. Cline, 122 So. 2d 827, 828 [Fla.]; State Road Dept. of Fla. v. Shell, 122 So. 2d 215, 218 [Fla.].)

Lowndes v. Dickerson

34 Barb. 586 · New York Supreme Court · Sep 9, 1861

The two cases of Fleet v. Hegeman, ( 14 Wend. 42 ,) and Decker v. … Emott, Brown and Scrugham, Justices.]

In re New York Bridge Co.

67 Barb. 295 · New York Supreme Court · May 3, 1875

Co. v. Reynolds and wife, 6 How. Pr. Rep., 96 .) … (The People v. The President &c. of the Manhattan Co., 9 Wend., 380, 381 .)

Teller v. Prospect Heights Hospital

168 Misc. 907 · New York Supreme Court · Jul 6, 1938

personal injuries sustained by plaintiff, a window cleaner, as a result of the defendant failing to provide safety devices required by section 202, as amended, of the Labor Law, and specified by the Rules of the Industrial Board … (See Karpeles v. Heine, 227 N. Y. 74 ; Stern v. Great Island Corp., 250 App. Div. 115 ; Griebsch v. Babbitt, Inc., 164 Misc. 7 ; Schmidt v. Merchants Despatch Transp. Co., 270 N. Y. 287 ; Novitz v. Maine, 246 App.