Case law

Deyo v. Stewart

4 Denio 101 · New York Supreme Court · Jan 15, 1847

(Clark v. Brown, 18 Wend. 213 .) It was to settle the law upon this point, and not to make any al *104 teration in other respects, that the statute was passed. (Stafford v. Ingersol, 3 Hill, 38 .)

Brighton Residents Against Violence to Children, Inc. v. Town of Brighton

191 Misc. 2d 261 · New York Supreme Court · Sep 21, 2001

(Williamsburg Around the Bridge Block Assn. v Giuliani, 223 AD2d 64 [1st Dept 1996].) The statute is discussed extensively in Jackson v New York State Urban Dev. … (Matter of Taxpayers Opposed to FloodMart v City of Hornell Indus. Dev.

Sea Insurance v. Fowler

21 Wend. 600 · New York Supreme Court · Oct 15, 1839

The insurance was on goods laden or to be laden on board the brig Abeona ; the vessel lost, and on board of which the goods were laden, was the schooner or half brig Abeona. … See Le Mesurier v. Vaughan, 6 East, 382, and the case there'cited by Lawrence, J. of Hall v. Mollineaux. 1 Phillips’ Ins. 64, § 1. 1 Marshall (Candy’s) Ins. 314.

Cromwell v. Hall

34 N.Y.S. 1137 · New York Supreme Court · Jun 14, 1895

BROWN, P. J. … Halpin v. Insurance Co., 118 N. Y. 165 , 23 N. E. 482 .

Koffler v. Sugarman

69 Misc. 2d 141 · New York Supreme Court · Feb 17, 1972

Leo Brown, J. This is an article 78 proceeding to direct respondent to order an issuance of funds to obtain the release of petitioner’s furniture from storage. … II, § 233.120; Matter of Nazario v. New York City Comr. of Social Services, 37 A D 2d 630; Matter of Bates v. Wyman, 36 A D 2d 854; see, also, Matter of Howard v. Wyman, 28 N Y 2d 434.)

Akers v. Mutual Life Insurance of New York

59 Misc. 273 · New York Supreme Court · May 15, 1908

Wheeler, 22 id. 494; King v. Brown, 2 Hill, 485 ), but one where the agreement is illegal because prohibited. … Griffith v. Wells, 3 Den. 226 ; Peck v. Brown, 10- N. Y. 294; Bell v. Quin, 2 Sandf. 146 ; Connolly v. Union Sewer Pipe Co., 184 H. S. 540, 548; Higgins v. McCrea, 116 id. 671, 686; McMullen v.

Myers v. Burns

33 Barb. 401 · New York Supreme Court · Feb 11, 1861

By the Court, Brown, J. … In the case of Beach v.

Main v. Newson

1 Ant. N.P. Cas. 18 · New York Supreme Court · Jul 1, 1808

Per Wilmot, J., Low v. Jolliffe, 1 Bl. 365 ; vide etiam Heath v. Hall, 4 Taunt. 326. … Matthews v. Marchant, 3 Dev. & Batt. 40; Brown v. Brown, 5 Alab. 508. In the state of Mew York, interest no longer excludes a witness. Code Proc. see. 398.

Trimble v. Spillman

148 N.Y.S. 536 · New York Supreme Court · Feb 8, 1913

No charge of corruption or bad faith is made against the board of public works, and the first question presented to the court is whether it was lawful for the board on this petition to let the contract for the pavement of … The law on the subject seems to have been settled by the Appellate Division in this department, in the case of Bradshaw v. City of Jamestown, 125 App. Div. 86 , 109 N. Y. Supp. 618 .

Wallerstein v. Westchester Joint Water Works No. 1

166 Misc. 34 · New York Supreme Court · Dec 10, 1937

(Canavan v. City of Mechanicville, 229 N. Y. 473, 476 ; O’Brien v. Town of Greenburgh, 239 App. Div. 555, 557 .) In this connection it was said in Canavan v. … Co. v. City of New York ( 206 N.

American League Baseball Club v. Johnson

109 Misc. 138 · New York Supreme Court · Oct 15, 1919

Sections 6, 7 and 10 give such power exclusively to the board of directors. … The establishment of the board as the supervisory body of the league by constitutional provision, plainly excludes the implication that the president shall have equal power. ‘ ‘ Expressio v/nius est exclusio alterius.”

Salerno v. Severino

37 Misc. 2d 777 · New York Supreme Court · Dec 24, 1962

(See Conte v. Large Scale Development Corp., 10 N Y 2d 20, 29.) There is no indication that the Board of Standards and Appeals intended rule 23-3.9 to be connected with or an appendage to section 241. … It becomes confusing only with respect to the rules adopted by the board.

Town of Huntington v. Long Is. Power Auth.

60 Misc. 3d 1222A · New York Supreme Court · Aug 16, 2018

Article 7 of the Real Property Tax law confers upon "aggrieved" persons standing "to review an assessment of real property" ( RPTL 704 [1]; 700 [1]; Matter of Steel Los III/Goya Foods Inc. v Board of Assessors of County of … The owner of real property is presumptively an "aggrieved" person within the meaning of RPTL article 7 ( Folklane Hotel Assocs. v Board of Assessors of Town of Smithtown , 170 Misc 2d 712, 716).

Shapiro v. McAndrews

84 Misc. 2d 1078 · New York Supreme Court · Nov 24, 1975

Oppido denied that motion stating: "'The party seeking relief may apply to the Courts since the remedy under Section 310 of the *1080 Education Law is not exclusive (Matter of Leeds v Board of Educ., 19 Misc 2d 860 , aff'd … ; Matter of Nyboe v Allen, 7 AD2d 822 ).

Kemp v. Gartenberg

93 Misc. 313 · New York Supreme Court · Jan 15, 1916

The real party in interest is Rossbach, the presen' owner of the judgment (Boss v. Clussman, 3 Sandf. *315 676, 679 ; Crill v. Kornmeyer, supra; Moore v. Taylor, 2 How. Pr. [N. … This rule received the sanction of the court in Hawes v. Barr, 7 Robt. 452, and was recognized in Brown v. Walker, 8 N. Y. Supp. 59 , 28 N. Y. St. Rep. 36. The motion is, therefore, denied, without costs.

People ex rel. Troy Masonic Hall Ass'n v. Byrne

125 Misc. 212 · New York Supreme Court · Apr 15, 1925

In Pratt Institute v. City of New York ( 183 N. … New York Lodge No. 1 v. Purdy, 179 App. Div. 805 ; affd., 224 N. Y. 710 ; People ex rel. Schenectady O. F. T. A. v. McMillan, 199 App. Div. 268 ; People ex rel. Syracuse Masonic Temple v.

Charlton Suburban Services, Ltd. v. Town of Glenville

142 Misc. 2d 313 · New York Supreme Court · Dec 31, 1988

After Frew Run (supra) and Matter of Northeast Mines v State of New York Dept. of Envtl. … Such a position, however, is conducive to neither the orderly establishment and uniform regulation of (Matter of Frew Run Gravel Prods. v Town of Carroll, supra; Matter of Northeast Mines v State of New York Dept. of Envtl

Leffert v. Marcus

12 Misc. 2d 1097 · New York Supreme Court · Apr 29, 1958

Von Au v. Magenheimer, 126 App. Div. 257, 268 , affd. 196 N. Y. 510 .) … (Abrams v. Allen, 36 N. Y. S. 2d 170, affd. 266 App. Div. 835 .)

People v. Carr

23 N.Y.S. 112 · New York Supreme Court · Jan 15, 1884

People v. Board of Fire Com’rs, 73 N. Y. 437 . A discretionary power was given by statute to the defendants. It has been exercised by them in making this contract. … People v. Walter, 68 N. Y. 411 ; People v. Supervisors of St. Lawrence Co., 25 Hun, 131 ; People v. Supervisors of Livingston Co., 43 Barb. 332 , affirmed 34 N. Y. 516 .

Schettino v. Alter

134 Misc. 2d 254 · New York Supreme Court · Dec 19, 1986

(Stukuls v State of New York, 42 NY2d 272, 278 [1977].) The duties of those defendants who serve as members of the board of trustees of the Clients’ Security Fund are set forth in State Finance Law § 97-t. … This statute places sole responsibility for the administration of the Fund on the members of the board of trustees.