Case law

In re the General Assignment for the Benefit of Creditors of Levy

8 Misc. 2d 596 · New York Supreme Court · Oct 21, 1957

Brown, J. … In the case of Stich v.

Mount Vernon Trust Co. v. Federal Reserve Bank

182 Misc. 7 · New York Supreme Court · Nov 12, 1943

(Carson v. Federal Reserve Bank, 254 N. Y. 218 ; Anderson v. Federal Reserve Bank of Boston, 69 F. 2d 319 , certiorari denied, sub nom. Dakin v. Federal Reserve Bank, 293 U. S. 562 .) … (Leather Manufacturers’ Bank v. Merchants’ Bank, 128 U. S. 26 ; Fourth National Bank v. Gainesville National Bank, 80 F. 2d 490 , certiorari denied 297 U. S. 720 ; State Nat. Bank v.

People ex rel. Cline v. Robb

11 N.Y.S. 383 · New York Supreme Court · Oct 24, 1890

Marsh, the police surgeon of the board, requested that the relator, then on his sick list, should be examined by Dr. … The relator seeks to reverse this conclusion, and predicates his appeal entirely upon the case of People v. Robb, reported in 8 N. Y. Supp. 502 .

Dawson v. Krolikowski

140 Misc. 2d 343 · New York Supreme Court · Apr 29, 1988

. & Loan Assn. v Brown ( 78 AD2d 119 ), now states that the homestead exemption of CPLR *351 5206 (a) does not exempt the debtor’s homestead from a mortgage foreclosure sale, since the surplus money arising out of a foreclosure … Sav. & Loan Assn. v Brown, supra, at 123). In Fontana v Fontana ( 89 AD2d 843 ) the plaintiff’s wife obtained a money judgment against the defendant husband representing arrears in child support payments.

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.]

Levine v. Millspaugh

13 Misc. 2d 760 · New York Supreme Court · Sep 24, 1958

330 of the Election Law seeks a determination that she was elected to such party position as the female representative of the Assembly District in which she resides and a correction of the certification of the respondent Board … Hence, they were elected thereto and should be certified by the respondent board accordingly. The application is to this extent granted. (Matter of Ferraro v. Power, 1 N Y 2d 910.) Submit order.

Morse v. M'Coy

4 Cow. 551 · New York Supreme Court · Aug 15, 1825

An executor or administrator, plaintiff, is liable for costs on nonpros, (Rudd v. Long, 4 John. 190 ; Hawes, executrix, v. Saunders, 4 Burr. 1584;) so on judgment as in case of nonsuit. (Brown, executor, v. … (Eaves v. Mocato, 1 Salk. 314. id. 207, S. C. cited. Jenkins et ux. v. Plume, id. 208, per Holt, Ch. J. Ketchum, admr. v. Ketchum, 4 Cowen, 87.) The proposition laid down in Ogle v.

Myres' Case

2 Abb. Pr. 476 · New York Supreme Court · Mar 15, 1856

In Bloodgood v. … To the same effect is the case of Browning v Betts, ( 8 Paige, 568 ). So also the case of Fitzhugh v.

Norcross v. Hollingsworth

31 N.Y.S. 627 · New York Supreme Court · Dec 10, 1894

BROWN, P. J. The plaintiff was appointed receiver of the property" and effects of Lewis R. Stegman by an order of a judge of the city court of Brooklyn, dated April 15, 1884. … Dubois v. Cassidy, 75 N. Y. 298 ; Campbell v. Genet, 2 Hilt. 290 ; Thorn v. Fellows, 5 Wkly. *629 Dig. 473 ; Hasten v. Amerman, 51 Hun, 244 , 4 N. Y. Supp. 681 ; Columbian Inst, v. Cregan, 11 Civ. Proc. R. 87 .

Winker v. Robinson

36 Misc. 2d 804 · New York Supreme Court · Nov 15, 1962

When Sophia vacated the premises, the plaintiff took complete possession thereof, boarded up the windows and obtained the key to the house. He refused to give the key to the defendants at any time. … (Ibid., pp. 304, 307; followed in Brown v. Farmers’ Loan & Trust Co., 117 N. Y. 266, 273 ; see, also, Fish v. Hayward, 28 Hun 456 , 458, affd. 93 N. Y. 646 .) The extension contract may be proved under a general denial.

People v. Mims

155 Misc. 2d 163 · New York Supreme Court · Aug 12, 1992

In People v Brown (NYLJ, Mar. 24, 1992, at 25, col 1), Justice Pesce of Kings County Supreme Court opined that the unavailability of a nonmaterial and unnecessary witness who had served in the military during the Persian … (The Brown court distinguished its decision from People v Lawton [NYLJ, Nov. 22, 1991, at 22, col 4] because in the latter case the Persian Gulf service person/witness was material and necessary.)

Rumsey & Co. v. May

85 Misc. 452 · New York Supreme Court · May 15, 1914

There is no claim of any kind on the part of the plaintiff that the state engineer, the canal board or any of the defendants are acting with respect to the *455 matter in bad faith. … The plaintiff cites Halfmoon Bridge Co. v. Canal Board, 78 Misc. Rep. 284 , 157 App. Div. 183 , in support of its claim for the injunction.

Caton v. Southwell

13 Barb. 335 · New York Supreme Court · Mar 4, 1851

(Browning v. Betlis, 8 Paige, 568 . 2 Barb. Ch. Pr. 158. M'Cam v. Dorsheimer, 1 Clarke, 144 .)

Woodford v. Patterson

32 Barb. 630 · New York Supreme Court · Nov 12, 1860

Appleby told the plaintiff if he would draw the boards to the river he would pay him for the drawing. … In Shindler v.

Stark v. Howe Sound Co.

141 Misc. 148 · New York Supreme Court · Aug 12, 1931

Walworth was a member of the “advisory board” which could recommend to the board of directors. Industrial company had a small bank account in Mexico. It was replenished from New York. … The Pomeroy case was cited with approval in Feinberg v. Board, etc., Co. ( 218 App. Div. 777 ); Henriques v. Gauthiod, etc., Co. (205 id. 14); Holzer v. Dodge Bros. ( 233 N.

Mamaroneck Beach & Yacht Club, Inc. v. Fraioli

12 Misc. 3d 1023 · New York Supreme Court · Apr 20, 2006

reviewing and rendering a determination on petitioner’s application (see Ryan v New York Tel. … Protection of City of N.Y. v Department of Envtl.

Podmore v. South Brooklyn Savings Institution

27 Misc. 120 · New York Supreme Court · Apr 15, 1899

Rutherford v. Town of Madrid, 77 Hun, 545 ; Hale v. Mason, 86 id. 499; Brown v. Dean, 83 id. 613; Fagan v. Strong, 19 Civ. Pro. 88; 7 N. Y. Supp. 919 ; Sullivan v. McManus, N. Y. Law Jour., Nov. 1, 1894; Ridgway v. … Rep. 78 ; Cahn v. Sugenheimer, N. Y. Law Jour., April 4, 1899. For these reasons, the motion to compel the administrator to give security for costs is denied. Motion denied.

Erxmeyer v. Roache

17 Misc. 2d 67 · New York Supreme Court · Mar 19, 1959

While the legend on the check “ does not require an exclusive interpretation to the effect that additional material terms of the contract were left to subsequent agreement ” (Price v. Kline, 277 App. … of Southold Town or such other board or officer having jurisdiction in the Town of Southold for a permit for the erection upon the premises herein described of a motel.

Leonard v. Kratoville

179 Misc. 37 · New York Supreme Court · Sep 4, 1942

Y. 570 ; Matter of Mellen v. Bd. of Elections, 262 N. Y. 422 ; Cowles v. Board of Elections, 252 App. Div. 326 ; Matter of Rogers, 146 Misc. Rep. 712 ; affd., 236 App. … V, § 6; Matter of Social Investigator Eligibles Assn. v. Taylor, 268 N. Y. 233, 237 .)

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.