Case law

Cox v. James

59 Barb. 144 · New York Supreme Court · Oct 5, 1869

In the case of Badeau v. … Brown, J., delivering the opinion of the court, repeats the rule laid down in Badeau 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.”

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.

Schleger v. Sokolov

135 Misc. 2d 431 · New York Supreme Court · Apr 6, 1987

"Zoning laws are by their very nature in derogation of common law property rights” (see, Moriarty v Planning Bd. of Vil. of Sloatsburgh, 119 AD2d 188, 195 ). … Moreover, a Planning Board has no authority to rescind, directly or indirectly, an approved subdivision plat or to impose an injustice upon a landowner (see, Matter of Northbury Estates v Long Is. Light.

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.

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.

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.

Davey v. Nyquist

60 Misc. 2d 226 · New York Supreme Court · Nov 8, 1968

It is the position of the petitioner, in part, that the respondent acted in an arbitrary manner in recounting the ballots, in that he did not confine himself to those ballots which were determined by the board of canvass … (Matter of Board of Educ. v. Allen, 14 A D 2d 429.) Accordingly, submit judgment dismissing the petition.

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 ).

People ex rel. Saypol v. Griffin

182 Misc. 454 · New York Supreme Court · Sep 9, 1943

Albans-Springfield Corp. v. Connell, 257 N. Y. 73 ). … Under all the circumstances, therefore, the action of the Board of Appeals was arbitrary and illegal and should be reversed and annulled. ■ The application of the petitioner is, accordingly, granted.

Young v. Town of Huntington

88 Misc. 2d 632 · New York Supreme Court · Oct 21, 1976

In Matter of Zuckerman v New York State Bd. of Parole ( 53 AD2d 405 ) the Parole Board argued, inter alia, that section 88 (subd 7, par d) protected its minutes from inspection. … Although Parole Board proceedings are administrative in nature (see People ex rel. Calloway v Skinner, 33 NY2d 23 ; People ex rel. Maggio v Casscles, 28 NY2d 415 ), Zuckerman is not dispositive of the breadth issue.

Stevenson v. Merchants Mutual Insurance

37 Misc. 2d 996 · New York Supreme Court · Dec 8, 1962

He attached front and rear axles, with rubber cart wheels, to a board. He then took a 1%-horsepower engine from a lawn mower, mounted it on the board and geared it to the rear wheels. … (Grand Union Co. v. General Acc. Fire & Life Assur. Corp., 254 App. Div. 274, 280 , affd. 279 N. Y. 638 ; see, also, Goldberg v. Lumber Mut. Cas. Ins. Co., 297 N Y. 148.)

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.

Reisner v. Vigilant Insurance

138 Misc. 2d 542 · New York Supreme Court · Dec 21, 1987

Over 30 hearings were held by the aforementioned Board pursuant to Education Law § 6510 to determine whether Reisner had committed professional misconduct. … Co. v Kligler, 42 NY2d 863 ; Kennedy v Firemans Fund Am. Ins. Cos., 82 Misc 2d 67 ). The word "suit” is not a term of art or arcane reference. It is a common word with an everyday meaning.

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.

Dougherty v. Trustees of Horseheads

26 N.Y.S. 642 · New York Supreme Court · Dec 8, 1893

Sherman v. Village of Oneonta, (Sup.) 21 N. Y. Supp. 137 , and cases cited in. the opinion; Goff v. Village of Little Falls, (Sup.) 20 N. Y. Supp. 175 ; Stebbins v. Village of Oneida, (Sup.) 5 N. Y. … Rehberg v. Mayor, etc., 91 N. Y. 137 ; Kunz v. Troy, 104 N. Y. 344 , 10 N. E. 442 ; *646 Langlois v. City of Cohoes, 58 Hun, 226 , 11 N. Y. Supp. 908 .

Huot v. Dworman

13 Misc. 2d 104 · New York Supreme Court · Feb 28, 1958

Brown, J. In an action brought in this court under the Florida death statute, defendants move for an order correcting and amending the amount of the judgment entered by eliminating therefrom interest upon the award. … (Skinner v. Ochiltree, 148 Fla. 705 .)

New York City Suburban Water Co. v. Bissell

28 N.Y.S. 938 · New York Supreme Court · May 14, 1894

BROWN, P. J. Judgment was recovered against the defendants upon an undertaking given as security upon the issuing of an injunction in an action in which Duncan F. … Conner v. Reeves, 103 N. Y. 527 , 9 N. E. 439 ; Steinbock v. Evans, 122 N. Y. 551 , 25 N. E. 929 .

People v. Glynn

56 Misc. 35 · New York Supreme Court · Sep 15, 1907

Jacobus v. Van Wyck, 157 N. Y. 495 . … Outwater v. Green, 56 N. Y. 466 ; Pulitzer v. City of New York, 48 App. Div. 6 .