Case law

Smith v. Posner

85 Misc. 2d 934 · New York Supreme Court · Apr 24, 1975

(See Fugazy v Time, Inc., 24 AD2d 443 ; Glenmark, Inc. v Carity, 22 AD2d 680 .) … (See, e.g., Matter of Caldwell, 107 Misc 316 , affd 195 App Div 890 ; Lloyd v Rahe, 234 App Div 626 ; Matter of Brown, 242 NY 1 .)

Fiedler v. Darrin

59 Barb. 651 · New York Supreme Court · Jun 14, 1870

In Brown v. Lynch, ( 1 Paige, 158 ,) Brown advanced $1500, and took the title to the plaintiff’s land, and was to have his principal and interest, and $60 for his trouble. … (Howard v. Freeman, 3 Abb. N. S. 292. O’Shea v. Kirker, 8 id. 69. S. C., 4 Bosw. 120 . Hannay v. Pell, 4 E. D. Smith, . 432.)

Rodman v. Munson

13 Barb. 63 · New York Supreme Court · Apr 5, 1852

Culver v. … Vide also Blacklow v. Laws, 2 Ha. 40; Johnstone v.

McMurray v. Rawson

3 Hill & Den. 59 · New York Supreme Court · May 15, 1842

Browne, 1 Dall. 339 ; Jordan v. Wilkins, 2 Wash. C. C. R. 482 ; Butter’s N. P. 217 ; Walker v. Holyday, Com. R. 272 ; Andrews v. Thornton, 1 Lil. Mod. Ent. 12.) … James v. Browne, 1 Dall. 339 .)

McGuire v. City of New York

3 Misc. 2d 569 · New York Supreme Court · May 2, 1956

(See in this respect MacMullen v. City of Middletown, 187 N. Y. 37 ; Crawford v. City of Newburgh, 231 App. Div. 613, 616; Matter of Brown v. Trustees, Hamptonburg School Dist., 303 N. Y. 484, 488, 489 .) … See, also, Matter of Brown v. Trustees, Hamptonburg School Dist.

Flamm v. Van Nierop

56 Misc. 2d 1059 · New York Supreme Court · Jun 7, 1968

It seems probable that the complaint states a cause of action for assault (Brown v. Yaspan, 256 App. Div. 991 ), but the plaintiff does not urge the point. … New York Times Co. v. Sullivan, 376 U. S. 254 ; Pauling v. National Review, 49 Misc 2d 975 , affd. 27 A D 2d 903; Gilberg v. Goffi, 21 A D 2d 517, affd. 15 N Y 2d 1023).

Dillon v. Roberts

193 Misc. 6 · New York Supreme Court · Oct 4, 1948

To the extent that Matter of Iserman v. … The fact that the board of elections sent notice of the vacancy to those committees had no significance.

Western New York & Pennsylvania Railway Co. v. City of Buffalo

176 Misc. 350 · New York Supreme Court · Apr 29, 1941

Subsequently, and by chapter 629 of the Laws of 1926, the power conferred by the Laws of 1896 upon the board of supervisors was extended to include the common council of a city. The court, in People ex rel. Powell v. … Powell v.

Doshner v. People

51 Misc. 2d 1033 · New York Supreme Court · Nov 10, 1966

In view of respondents’ failure to submit any papers in opposition to petitioner’s application, the truth of the facts alleged in said application must be assumed (Hofstra Coll. v. Board of Trustees, 145 N. Y. … Gillroy, 37 Misc 2d 285 ; Lesron Jr. v.

Risley v. Indianapolis, Bloomington & Western Railroad

4 Thomp. & Cook 13 · New York Supreme Court · May 15, 1874

Brass v. Worth, 40 Barb. 648 ; Hays v. Stone, 7 Hill, 128 , 131, 132; Keeler v. Salisbury, 33 N. Y. 648 ; Smith v. Tracy, 36 id. 79. … Butts v. Wood, 37 N. Y. 317 ; Coleman v. Second Avenue Railroad Co., 38 id. 201; Ogden v. Murray, 39 id. 202.

Ferguson v. Crawford

14 N.Y. Sup. Ct. 25 · New York Supreme Court · Feb 15, 1876

(Brown v. Nichols, 42 N. Y., 26 ; Denton v. Noyes, 6 Johns., 296 .) In Brown v.

Gaertner v. McNab

47 Misc. 2d 1064 · New York Supreme Court · Oct 22, 1965

By order to show cause petitioner Gaertner moves to require the respondents Weiss and McNab, constituting the Board of Elections of Suffolk County, to place his name on the November 2, 1965 ballot as candidate of the *1065 … Matter of Belford v. Board of Elections of Nassau County, 306 N. Y. 70 ; Matter of Lazer v. McNab, 19 A D 2d 830.)

Ford v. Agor

123 Misc. 214 · New York Supreme Court · Jun 14, 1922

The tax was not properly extended upon the roll, as no resolution of the board of supervisors extending such tax appears. People v. Hagadorn, 104 N. Y. 516 . … Westfall v. Preston, 49 N. Y. 349, 353 .

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.]

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].)

Craft v. Lent

53 Misc. 481 · New York Supreme Court · Mar 15, 1907

Adamson v. Nassau Elec. R. Co., 89 Hun, 261 ; Talcott v. City of Buffalo, 125 N. Y. 281 ; Erie R. R. Co. v. City of Buffalo, 89 N. Y. Supp. 122 ; 96 App. Div. 458 ; Zeigler v. Chapin, 126 N. Y. 349 ; Weston v. … These are all matters for the board to determine in the exercise of sound discretion.

Sheila C. v. Povich

2 Misc. 3d 315 · New York Supreme Court · Nov 12, 2003

In the one jurisdiction where this argument was also raised, absolute liability was held to be unsupported by similar language (Hite v Brown, 100 Ohio App 3d 606, 612, 654 NE2d 452, 456 [Ct App, 8th Dist 1995], appeal denied … In any event, case law does not appear to require pleading notice of a risk posed by an assailant where general deficient supervision of a minor is claimed (Coon v Board of Educ. of City of N.Y., 160 AD2d 403 [1st Dept 1990

Fagan v. Axelrod

146 Misc. 2d 286 · New York Supreme Court · Jan 10, 1990

Enforcement responsibility is placed with the New York City Board of Health, county boards of health, or, in a county without such a board, with an officer designated by the county legislature or board of supervisors. … (Board of Educ. v Gootnick, 49 NY2d 683, 687 [1980].)

Holland v. Superintendent of Highways

73 Misc. 2d 851 · New York Supreme Court · Apr 3, 1973

(Sachs v. Real Estate Capital Corp., 31 A D 2d 916; Law Research Serv. v. Honeywell, 31 A D 2d 900.) … De Groat v. Marlette, 94 App. Div. 592, 594 .) There are no procedures set forth in the statute indicating who may obtain, and how, the “consent” to abandonment by the Town Board. (Highway Law, § 205, subd. 1.)

Weeden v. Senior

24 Misc. 2d 333 · New York Supreme Court · May 11, 1960

As in Matter af Amsterdam City Hosp. v. Hoffman ( 278 App. … Austin v. Board of Higher Educ. of the City of N. Y. (5 N Y 2d 430, 442.) to- the effect that an aggrieved party may not. extend the. required- time, to take action indefinitely by delay in making his. demand.