Case law

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

Mengrone v. New York City Off-Track Betting Corp.

83 Misc. 2d 105 · New York Supreme Court · Nov 19, 1974

integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.’ ” (Board of Regents v Roth, 408 US 564, 573 .) … (Board of Regents v Roth, 408 US 564, 573 , supra.)

Commonwealth ex rel. Ritter v. Schultz

3 Wheel. Cr. Cas. 322 · New York Supreme Court · Oct 15, 1816

They came on board in the usual way, and made such an agreement for their passage as is commonly made. … In the case of the Com. v. Keppele, 2 Dal. Rep. 197 . this subject was materially considered, as appears from the opinion of Judge Bradford, who, as is well known, was remarkable for deep and accurate research.

Simpson v. Cohen

173 Misc. 372 · New York Supreme Court · Feb 1, 1940

Matter of Lauer v. Board of Elections, 262 N. Y. 416 .) The nomination, however, is seriously attacked on three flanks. … Loew v. Batchelor, 22 N. Y. 128 ; Matter of Akin, 149 App. Div. 950 ; Matter of Broat, 6 Misc. 445 .)

McLeans v. Macdonald

2 Edm. Sel. Cas. 393 · New York Supreme Court · Jul 1, 1853

(Pell v. Brown, Cro. Jac. 590; Preston v. Fennell, Willis, 164; 1 Sanford Ch. R. 276.) … Devise, Ch. 17, § 13 ; Jackson v. Bull, 10 J. R. 19; Jackson v. Robbins, 10 J. R. 537.) The limitation over, therefore, was void, and Mrs.

Mills v. Van Voorhis

23 Barb. 125 · New York Supreme Court · Oct 14, 1856

Brown, P. J. concurred. S. B. … Brown, S. B. Strong and Emott, Justices.]

McCready v. Farmers' Loan & Trust Co.

29 N.Y.S. 361 · New York Supreme Court · Jun 15, 1894

Boss v. Ross, 31 Hun, 140 , and the cases cited in the opinion of Brown, J., support the position taken. The order should be reversed, with costs and printing disbursements, and the motion denied, with $10 costs.

Monaco v. Raymond

122 Misc. 2d 370 · New York Supreme Court · Jan 10, 1984

The Court of Appeals reiterated its position in the subsequent cases of Matter of Memminger v Westbury Union Free School Dist. ( 55 NY2d 867 ) and Matter of Gordon v Board of Educ. ( 54 NY2d 804 ) holding again that letters … (Bishop v Wood, 426 US 341 ; Board of Regents v Roth, 408 US 564 ; Matter of Petix v Connelie, 47 NY2d 457 .)

In re Rhynehart

137 Misc. 820 · New York Supreme Court · Sep 8, 1930

(Matter of Levitch v. Board of Education, 243 N. Y. 373, 375 .) … Peixotto v. Board of Education, 160 App. Div. 557, 562 ; affd., 212 N. Y. 463 .) The petitioner here urges Matter of McCarthy ( 106 Misc. 193 ).

Campaign for Fiscal Equity v. State

187 Misc. 2d 1 · New York Supreme Court · Jan 9, 2001

(Brown v Board of Educ., 347 US 483, 493 [1954].) … To the contrary, the cases cited by defendants for this proposition make it clear that the State’s delegation of powers is revocable (see Matter of Board of Educ. v City of Buffalo, 32 AD2d 98, 100 [1969]; Hirshfield v Cook

Huber v. New Amsterdam Casualty Co.

26 Misc. 2d 563 · New York Supreme Court · Dec 15, 1960

The reasons for the board’s actions, while they may be well founded, are not important to this motion. … Corporation Law, § 10.) *565 The cases applying this section have given the stockholder an absolute right to the inspection sought here except in those cases when the lack of good faith of the petitioner is shown (Matter of Tate v.

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.

Merkle v. County of Nassau

197 Misc. 560 · New York Supreme Court · Feb 28, 1950

mail upon the county attorney, if the county has a county attorney, and otherwise upon the clerk of the board of supervisors of the county.” … (Cianci v. City of New York, 163 Misc. 321 ; Rudolph v. City of New York, 191 Misc. 947 ; Meadows v. Village of Mineola, 190 Misc. 815 ; Derlicks v. Leo, 259 App. Div. 607 , affd. 284 N. Y. 711 .)

Incorporated Village of Muttontown v. Friscia

60 Misc. 2d 1014 · New York Supreme Court · Aug 28, 1969

Whereas the decision rendered in Incorporated Vil. of Atlantic Beach v. … and the village board as respects the past and present zoning.

Curtiss v. Bush

39 Barb. 661 · New York Supreme Court · Jun 2, 1863

(Bumpus v. Platner, 1 John. Ch. 213. Abbott v. Allen, 2 id. 519. Banks v. Walker, 2 Band. Ch. 344.) … (Simers v. Saltus, 3 Denio, 214 . St. John v. Palmer, 5 Hill, 599 . Leach v. Bailey, decided in court of appeals in 1857; opinion by Brown, J. not reported.)

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.

Red Zone LLC v. Cadwalader, Wickersham & Taft LLP

45 Misc. 3d 672 · New York Supreme Court · Aug 27, 2013

Over the next 18 months, UBS went on to attain a much greater position on Six Flags’ board of directors. By January 11, 2006, Red Zone nominees held 9 out of 10 of the Six Flags board positions. … LLC v Red *678 Zone LLC, 77 AD3d 575 [1st Dept 2010].) The Court determined that Red Zone controlled Six Flags through its presence on its board and management.

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

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.

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