Case law

Hungerford v. Village of Waverly

56 Misc. 186 · New York Supreme Court · Oct 15, 1907

Conrad v. Trustees of Village of Ithaca, 16 N. Y. 158 ; Saulsbury v. Village of Ithaca, 94 id. 27; Nelson v. Village of Canisteo, 100 id. 89; Koch v. Village of Edgewater, 18 Hun, 407 ; Seymour v. … Hover v. Barkhoof, 44 N. Y. 113 ; Bryant v. Town of Randolph, 133 id. 70; Beardslee v. Dolge, 143 id. 160; Allen v. Sisson, 66 Hun, 140, 143 . The duty of public officers is not less than the power. Nelson v.

Victor J. Georgetti, Inc. v. City of Long Beach

58 Misc. 2d 275 · New York Supreme Court · Oct 14, 1968

Reynolds v. Common Council ( 140 N. … Brewster v. Board of Supervisors ( 219 N. Y. 582 ); Holroyd v. Town of Indian Lake ( 180 N. Y. 318 ) and People ex rel. Commissioners v. Board of Supervisors ( 36 Misc. 597 , affd. 68 App. Div. 650 , affd. 170 N.

Cutter v. Rathbun

3 Hill & Den. 577 · New York Supreme Court · Oct 15, 1842

(M’Brain v. Fortune, 3 Camp. 317.) I had occasion in Collins v. Young, ( 21 Wend. 400, 403 ,) to cite several cases by which this principle is followed out; and some in this court. In Marquand v. … (Broome v. Wooton, Yelv. 67 ; S. C. nom. Brown v. Wootton, Cro. Jac. 73 ; S. C. nom. Browne v. Wotton, Moor. 762.)

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 .

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 ).

Francisco v. Tutunjian

144 Misc. 2d 574 · New York Supreme Court · Aug 14, 1989

It is established law that, absent inconsistent statutory directives, the duly adopted rules of a political party should be given effect (see, Matter of Kahler v McNab, 48 NY2d 625 ; Matter of Schiliro v Mazza, 53 NY2d 735 … There this court wrote (at 1): "Plaintiff, Rensselaer County Republican Committee, seeks a preliminary injunction against defendant, Dominic V.

Childs v. Curran

183 Misc. 195 · New York Supreme Court · Oct 3, 1944

It is his position that the local boards of elections, and not the Secretary of State, are the “ officer or board who or which prepares the general officers’ ballot ” to whom is given the power of determining such order by … Y. 176 ; Matter of Crane v. Voorhis, 257 N. Y. 298 .)

Lockwood's Dollar Cleaners, Inc. v. Lockwood

137 Misc. 446 · New York Supreme Court · Jun 30, 1930

(See Palmer v. Foley, 71 N. Y. 106 ; Drummond v. Husson, 14 id. 60; Lawton v. Green, 64 id. 326; Methodist Churches of New York v. Barker, 18 id. 463; Musgrave v. … Sherwood, 76 id. 194; New York Security & Trust Company v. Lipman, 83 Hun, 569 ; Brown v. Utopia Land Co., 118 App. Div. 190 ; McGown v. Barnham, 42 Misc. 585 ; Leggett v.

Alamo v. Strohm

145 Misc. 2d 810 · New York Supreme Court · Aug 22, 1989

The cancellation of a voter’s registration for conviction of a felony is not automatic (Matter of Engel v Board of Elections, 143 AD2d, supra, at 292). … It is for that reason that the court in Matter of Engel v Board of Elections ( 143 AD2d 291 ) held that "Cancellation [of registration] is therefore, not automatic.”

Frost v. Raymond

2 Cai. Cas. 188 · New York Supreme Court · Nov 15, 1804

Brown v. Haywood, Hoy, 131; Saunders' on Uses, 406, 407, note. *195 We are not able to assign a very solid reason for this distinction between the force and effect of the words “give," and “ grant." … The only dictum that appears to oppose the law as now laid down, is that of Lord Eldon, in the case of Browning and Wright, 2 Bos. & Pull 21.

Stadden v. Macauley

12 Misc. 2d 297 · New York Supreme Court · Nov 28, 1956

Francis, 1 AD 2d 236 , affd. 1 N Y 2d 839; see, also, Matter of Corrado v. Griffin (N. Y. L. J., Dec. 4, 1956, p. 13, col. 1), and Matter of Schaefer v. Griffin (N. Y. L. J., Dec. 4, 1956, p. 12, col. 8). … Div. 1056 ; Matter of Hickox v. Griffin, 274 App. Div. 792 ). The determination of the respondent board in refusing to grant the variance requested was clearly unreasonable. Settle order on notice.

In re Pennie

19 Abb. N. Cas. 117 · New York Supreme Court · Feb 15, 1887

. *119 It is made the duty of each member of the board (§ 9) to attend at the office of the board at the time mentioned in such notice, and at such place and time all bids for doing the work or for providing the materials … Y. *122 388 ; Merritt v. Village of Portchester, 71 N. Y. 309 ; Matter of Gantz, 85 N. Y. 536 ).

In re Kane

71 Misc. 163 · New York Supreme Court · Mar 15, 1911

Balcom v. … The case of Matter of Duell v. Glynn, 191 N.

Dwelle-Kaiser Co. v. Frid

139 Misc. 83 · New York Supreme Court · Jan 30, 1931

(Italian Mosaic Co. v. City of Niagara Falls, 131 Misc. 281 , citing Albany B. S. Co. v. Eastern B. & S. Co., 235 N. Y. 432 ; Edison El. Illuminating Co. v. Frick Co., 221 id. 1.) … The same question was raised in the case of Bluff Point Stone Co. v. U. S. Fidelity Co. ( 180 App.

Nichols v. Mead

2 Lans. 222 · New York Supreme Court · Mar 15, 1870

(Mattison v. Baucus, 1 N. Y., 205 ; Galen v. Brown, 22 id., 37; Hall v. Sampson, 35 id., 274.) … (Butler v. Miller, 1 N. Y., 406 .) When payment is made according to the condition of the mortgage, the title reverts to the mortgagors in every case. That is one of the incidents of a defeasible sale.

In re Bewley

101 Misc. 248 · New York Supreme Court · Sep 15, 1917

Sherwood v. Board of Canvassers, 129 N. … Similarly here, in determining the action to be taken by the board of elections, the court must determine the question of eligibility in order that the board of elections may comply with the statute law.

Merchants' National Bank v. Supervisors of New York

5 Thomp. & Cook 393 · New York Supreme Court · Jan 15, 1875

The judgment of the Supreme Court referred to was pronounced at the December term, 1863, in tire case of Bank of Commerce v. N. Y. … The court below was doubtless controlled by the case of Bank of Commonwealth v. Mayor of New York, 43 N.

People v. Madera

153 Misc. 2d 366 · New York Supreme Court · Feb 7, 1992

The defendant was wearing a jacket with light brown sleeves. Clohessy said he fit the description. As the officers approached the three men, the defendant ran away. … Further, the jacket defendant was wearing was not one with a white stripe, but one with light brown sleeves.

Bank of the United States v. Davis

2 Hill & Den. 451 · New York Supreme Court · May 15, 1842

(Hammett v. Yea, 1 Bos. & Pull. 144; Dunham, v. Gould, 16 John. Rep. 375 ; Merritt v. Benton, 10 Wend. 116 ; Steel v. Whipple, 21 id. 105.) But not one of these considerations exists in this case. … And see Howard v. Ives, ( 1 Hill, 263 , 4, 5.) See National Bank v. Norton, (1 Hill’s Rep. 572, 577 to 580.

Teichman v. Marrazzo

42 Misc. 2d 354 · New York Supreme Court · Dec 19, 1963

In view of the prior cancellation, “ it was improper to file the instant second notice and there is no authority under which it may be permitted to stand (Israelson v. Bradley, 308 N. Y. 511 ) ” (Lansoff v. … .]; Albert v. Winster Co., N. Y. L. J., Oct. 1, 1962, p. 17, cols. 5, 6; Regent Boat Corp. v. Cornman, N. Y. L. J., Nov. 22, 1963, p. 15, col. 5). Accordingly, defendant’s motion to cancel the lis pendens is granted.