Case law

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 .)

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.

Gruss v. City of New York

179 Misc. 1053 · New York Supreme Court · Mar 9, 1943

In my opinion the recent decision of the Court of Appeals in Smith v. City of New York ( 289 N. Y. 517 ) is decisive of the *1055 question. … Upon request to it the Board of Estimate refused to make an appropriation for the investigation.

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.

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.

Raynor v. Lyon

53 N.Y. Sup. Ct. 227 · New York Supreme Court · Oct 15, 1887

{Hills v. Miller, 3 Paige, 254 ; Barrow v. Richard, 8 id., 351 ; Curtiss v. Ayrault, 47 N. Y., 73 ; Cole v. Sims, 23 Eng: Law & Eq., 584; Whatman v. Gibson, 9 Simons, 196 ; Mann v. Stephens, 15 id., 377; Tulk v. … And the conveyance from Brown to Reeves E; Selmes, contained the same clause ; and the fact that the mortgage was given back to Brown without mentioning or referring to it, and that the title was finally obtained by a foreclosure

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 ).

Holland v. Baker

61 Misc. 2d 201 · New York Supreme Court · Nov 4, 1968

(Gregoire v. Biddle, 177 F. 2d 579, 581 ; Kandall v. Stokes, 3 How. [44 U. S.] 87; Spalding v. Vilas, 161 U. S. 483 .) … (See Rosenberger v. State of New York, 46 Misc 2d 194 ; Gresis v. Garth Manor Corp., 20 A D 2d 726.)

Lewis v. Angermiller

35 N.Y.S. 69 · New York Supreme Court · Jul 26, 1895

BROWN, P. J. This proceeding was instituted to remove the defendant from the possession of real estate for nonpayment of rent. It appeared that on April 1, 1892, one Robert B. … The case of Burnett v. Scribner, 16 Barb. 621 , is quite like the case before us, and sustains the ruling of the county judge. The order must be affirmed, with costs. All concur.

Doe v. Kelly

5 Misc. 3d 453 · New York Supreme Court · Jul 8, 2004

, with Medical Board’s report under exhibit V), petitioner was found not to be disabled. … (Matter of Mulheren v Board of Trustees of Police Pension Fund, Art. II, 307 AD2d 129, 131 [1st Dept 2003].)

Galton v. College of Pharmaceutical Sciences

70 Misc. 2d 12 · New York Supreme Court · Apr 26, 1972

Corp. v. R. H. Macy & Co., 23 A D 2d 51, 54 [First Dept.]). … (Dynamic Classics, Ltd. v. Snyder Mfg. Co., 32 A D 2d 896; Diesel Constr. v. Wolff & Munier, Inc., 37 A D 2d 934.)

Boland v. People

32 N.Y. Sup. Ct. 423 · New York Supreme Court · Oct 15, 1881

(Stevens v. Com., 6 Met., 241 .) See also to the same general effect Com. v. Harney ( 10 Met., 422 ); Com. v. Hulbert (12 id., 446); Com. v. Brown ( 14 Gray, 419 , 430, 431); State v. Fletcher ( 18 Mo., 425 ); State v. … {People v. Jackson, 3 Hill, 92 ; Dedieu v. People, 22 N. Y., 178, 184 ; White v. People, 32 id., 465, 469 ; Dawson v. People, 25 id., 399, 403; Lohman v. People, 1 Comst., 379.)

Seeley v. City of Amsterdam

31 Misc. 123 · New York Supreme Court · Apr 15, 1900

The first defense pleads that the defendant did not do the acts complained of, but that they were done by its board of water commissioners, and that if plaintiff has any action, it is against that board and not against the … The city and not the board of water commissioners is, therefore, responsible. Bailey v. Mayor, 3 Hill, 531 ; Ehrgott v. Mayor, 96 N. Y. 264 .

Fur-Lex Realty, Inc. v. Lindsay

81 Misc. 2d 904 · New York Supreme Court · Mar 31, 1975

Co., 90 NY 122 ; Brooklyn Park Comrs. v Armstrong, 45 NY 234 ; General City Law, § 20, subd 2). … Residences v City of New York ( 4 NY2d 268, 276-277 , cert den sub nona.

Gavish v. Rapp

127 Misc. 2d 255 · New York Supreme Court · Sep 6, 1984

Corp. v Try fort Realty, 44 NY2d 489 ; Monroe Sav. Bank v First Natl. Bank, 50 AD2d 314 .) … (Madrid v Spears, 250 F2d 51.)

First Religious Society in Whitestown v. Socony Mobil Oil Co.

44 Misc. 2d 415 · New York Supreme Court · Feb 17, 1964

There was no proof that the agreement was illegally adopted by the board of trustees or that the board of trustees did not have legal authority to execute it. … (Croce v. Fischer, 1 AD 2d 834 ; Triple Cities Constr. Co. v. Maryland Cas. Co., 4 N Y 2d 443, 449; Werking v. Amity Estates, 2 N Y 2d 43, 53; New York Rubber Co. v. Rothery, 107 N. Y. 310 -316.)

O'Keefe v. Gentile

1 Misc. 3d 151 · New York Supreme Court · Mar 4, 2003

In opposition, the City Board of Elections, relying primarily upon Matter of People for Ferrer v Board of Elections of City of N.Y. ( 286 AD2d 783 [2d Dept 2001]), argues that this court lacks the authority to vary the statutory … Contrary to the City Board of Elections’ contention, the Second Department’s decision in People for Ferrer v Board of Elections of City of N.Y. ( 286 AD2d 783 [2001]) does not dictate a different result here.

People ex rel. McLoughlin v. Wilson

34 N.Y.S. 734 · New York Supreme Court · Jul 5, 1895

In People v. Norton, 76 Hun, 7 , 27 N. Y. … People v. Fancher, 2 Hun, 226 .”

Randall v. Carman

35 N.Y.S. 53 · New York Supreme Court · Jul 26, 1895

BROWN, P. J. The trial court decided that the provision in the mortgage relating to after-acquired property rendered it, as to such property, void against the assignee. … Mandeville v. Avery, 124 N. Y. 376 , 26 N. E. 951 ; Reynolds v. Ellis, 103 N. Y. 115 , 8 N. E. 392 ; Potts v. Hart, 99 N. Y. 168 , 1 N. E. 605 ; Southard v. Benner, 72 N. Y. 424 ; Robinson v. Elliott, 22 Wall. 524 .

Coolidge & Oliver v. New-York Firemen Insurance

14 Johns. 308 · New York Supreme Court · Aug 15, 1817

Upon the obligation.of the assured to have the necessary (jocuments on board, showing the national character of thé vessel, and whether there is legal proof that such documents were on board at the time of the capture. * … We have decided, (Robinson v. Marine Ins. Co., 2 Johns.