Case law

O'Neill v. Seglin Construction Co.

158 Misc. 742 · New York Supreme Court · Sep 20, 1935

Mason v. McClave ( 99 N. … (People v. Long Island R. R. Co., 194 N. Y. 130 .) ” (p. 816).

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.

Longworth v. Farrington

46 Misc. 2d 881 · New York Supreme Court · Apr 30, 1965

At the outset (Resolution No. 1831 — 1963) the Town Board admitted: that the removal of the fill would not violate the provisions of section 6 of Ordinance No. 42; that the fill was not required for any town purposes; and … Y. 583 ) ” (Matter of Wa-Wa-Yanda v. Dickerson, 18 A D 2d 251, 258).

In re the Arbitration between Brookhaven-Comsewogue Union Free School District & Port Jefferson Station Teachers Ass'n

86 Misc. 620 · New York Supreme Court · Dec 18, 1975

Summarizing this latter provision, Chief Judge Fuld, in the majority opinion in Board of Educ. v Associated Teachers of Huntington ( 30 NY2d 122, 127 ), said: "In other words, the validity of a provision found in a collective … Illustrative of this dichotomy and distinction are Matter of West Irondequoit Teachers Assn. v Helsby ( 35 NY2d 46 ) and Matter of Board of Educ. v Associated Teachers of Huntington ( 30 NY2d 122 , supra).

People ex rel. Zeese v. Masten

29 N.Y.S. 891 · New York Supreme Court · Jul 15, 1894

Hor does the case of Gross v. Rice, 71 Me. 241 , apply here. … People v. Degnen, supra; In re Donohue, 1 Abb. N. C. 1 ; House of Refuge v. Ryan, 37 Ohio St. 197 . In State v. Ray, 63 N.

Sullivan v. Venner

18 N.Y.S. 398 · New York Supreme Court · Mar 31, 1892

J., in McHenry v. Jewett, 90 N. Y. 62 : “It is not sufficient to authorize the remedy by injunction that a violation of a naked legal right of property is threatened. … The case of Thomas v. Protective Union, 121 N. Y. 45 , 24 N. E. Rep. 24, is an example of this principle.

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.

Jacobs v. Remsem

35 Barb. 384 · New York Supreme Court · Dec 9, 1861

The learned judge thus held in conformity to what he supposed to be the doctrine of this court in the two cases of Hall v. Stryker, ( 9 Abb. 342 ,) and Rinchey v. Stryker , (not reported.) … Emott, Brown and Scrugham, Justices.]

People v. Linardos

104 Misc. 2d 56 · New York Supreme Court · Mar 17, 1980

V. … In People v Brown ( 87 Misc 2d 403 ) and in Matter of Reports of Nassau County Grand Jury ( 87 Misc 2d 453 ), the defect alleged was the refusal to permit direct questioning of the witness by the grand jurors.

Pitcher v. Lake Shore & Michigan Southern Railway Co.

16 N.Y.S. 62 · New York Supreme Court · Oct 23, 1891

Pitcher v. Railway Co., (Sup.) 8 N. Y. Supp. 389 . … It was left to the jury to say whether or not the engineer saw the plaintiff passing around the engine with a hand-bag, under such circumstances as indicated the purpose of the latter to board the train.

Libman-Spanjer Corp. v. Royal Hall, Inc.

146 Misc. 351 · New York Supreme Court · Jul 1, 1932

(Brown v. Nichols, 42 N. Y. 26, 34 ; Van Alstyne v. Cook, 25 id. 489; Lansing v. Easton, 7 Paige, 364 ; Storm v. Waddell, 2 Sandf. Ch. 494.) … Bank v. Shuler, 153 N. Y. 163, 172 .)

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.)

Mills v. Standing General Commission on Christian Unity

39 Misc. 3d 296 · New York Supreme Court · Jan 29, 2013

Organizationally, the GCCUIC has a Board of Directors, under which sits an Executive Committee, followed by other standing committees. … On March 12, 2009, Sidorak informed the Board of Directors of Mills’ termination (rule 19-a statement ¶ 96).

Warnecke v. Forty Wall Street Building, Inc.

8 Misc. 2d 317 · New York Supreme Court · Nov 6, 1957

In Ervin v. Oregon Ry. S Nav. Co. ( 27 F. 625, 632 ) cited with approval in Kavanaugh v. Kavanaugh Knitting Co. … Y. 11 ; Blumenthal v. Roosevelt Hotel, 202 Misc. 988 ).

Cellular Telephone Co. v. Rosenberg

153 Misc. 2d 302 · New York Supreme Court · Jan 29, 1992

(Matter of Mandell v Purcell, 54 AD2d 935 [2d Dept 1976]; see also, Matter of Pell v Board of Educ., 34 NY2d 222 , 231 [1974].) … In sum, the decision is found to be significantly flawed in its analysis and conclusions to the point of irrationality (see, Matter of Pell v Board of Educ., 34 NY2d 222 , supra).

Grassi v. Caldwell

60 Misc. 2d 376 · New York Supreme Court · Jul 25, 1969

In the opinion of this court, under these circumstances, the Village Board cannot use the Zoning Ordinance as an excuse for an arbitrary and unreasonable abuse of discretion. (Matter of Larkin v. Schwab, 242 N. … (Matter of Romeskie v. Chapin, 47 Misc 2d 389 ; Matter of Hickox v. Griffin, 274 App. Div. 792 , revd. on other grounds 298 N. Y. 365 , Matter of Martin v. Kent, 24 Misc 2d 126 .)

Village of Fultonville v. Fonda Waterworks Co.

35 Misc. 426 · New York Supreme Court · Jul 15, 1901

board of trustees. … In the case of Pocantico Water Works Co. v. Bird, 130 N.

Mencher v. Chesley

193 Misc. 829 · New York Supreme Court · Dec 6, 1948

Defendant was chairman of the War Price Eation Board of the Borough of The Bronx. … (See Hoeppner v. Dunkirk Printing Co., 254 N. Y. 95, 105, 106 ; Briarcliff Lodge Hotel v. Citizen-Sentinel Publishers, 260 N. Y. 106, 118 ; Kaminsky v. American-Newspapers, Inc. [ 283 N.

Davis v. Dinkins

154 Misc. 2d 518 · New York Supreme Court · May 22, 1992

The hotel is located within Community Board 12 Queens, and Mr. Davis is the chairperson of said Community Board. … (Also see, Mesivta of Forest Hills Inst. v City of New York, 58 NY2d 1014 ; Gaynor v Rockefeller, 15 NY2d 120 .)

Johnson v. Westall

208 Misc. 360 · New York Supreme Court · Aug 30, 1955

(Matter of Pearson v. Board of Elections of City of Syracuse, 284 App. Div. 649 .) … (Matter of Warsoff v. Cohen, 289 N. Y. 108 ; Matter of Moczydlowski v. Westall, 275 App. Div. 1000 .)