Case law

Drake v. Hudson River Railroad

7 Barb. 508 · New York Supreme Court · Dec 18, 1849

In the case of Bloodgood v. … In the case of Hart v.

In re the Arbitration between Cuozzo & Lumbermens Mutual Casualty Co.

60 Misc. 2d 294 · New York Supreme Court · Jun 30, 1969

(Lauritano v. American Fid. Fire Ins. Co., 3 A D 2d 564.) … (Cohen v. Atlantic Nat. Ins. Co., 24 A D 2d 896; 31 N. Y. Jur, Insurance, § 1303 et seq.) The motion for order to stay arbitration herein is denied.

People v. Anderson

117 Misc. 2d 284 · New York Supreme Court · Dec 28, 1982

Defendant was sentenced by Justice Browne after such plea to five years’ probation. … Such now familiar phrases as “farce and * * * mockery” (People v Brown, 7 NY2d 359, 361 ); “adequate or effective” (People v Droz, supra, at p 463 ), and “reasonable competence” (see, e.g., United States v Fessel, 531 F2d

Heppenstall v. Baudouine

73 Misc. 118 · New York Supreme Court · Jul 15, 1911

Kingsland v. Palmer, 59 N. Y. 83 ), and the absence of an express repeal gives rise to the presumption that no repeal was intended. Arzonica v. Board of Education of Town of West New York, 15 N. J. Law, 21, 22. … Arzonica v. Board of Education of Town of West New York, supra.

Gray v. Gannon

6 Thomp. & Cook 245 · New York Supreme Court · Mar 15, 1875

That was the delivery on board mentioned in and uncertainly expressed by the order accepted by the defendant. And the evidence was proper for that purpose. Grierson v. Mason, 3 N. Y. Sup. 185. … performance is not enough if the true purpose of the contract can be gathered from it according to the established rules of construction. % Parsons on Contr. (5th ed.) 656; 1 Story on Contr. (4th ed.) 36, 37, § 32; Sinclair v.

Whitman v. O'Donovan

141 N.Y.S. 750 · New York Supreme Court · May 16, 1913

This right was recog *751 nized in this state in an early case (Brown v. Feeter, 7 Wend. 301 ), and has been repeatedly affirmed in the decisions of other states (Holliway v. Holliway, 77 Mo. 392 ; Grant v. … R. v. Stewart, 19 N. J. Eq. 69.

Park v. Assessor of Babylon

184 Misc. 2d 354 · New York Supreme Court · Apr 17, 2000

Corp. v Board of Assessors, 108 AD2d 493, 500 .) … (See, Matter of Mayos Clothes v Board of Review, 47 AD2d 531 , lv denied 37 NY2d 712 .)

Sutphen v. Town of North Hempstead

30 N.Y.S. 128 · New York Supreme Court · Jul 27, 1894

BROWN, P. J. The accident which resulted in the plaintiff’s injuries occurred upon a public highway in the town of North Hemp- - stead about sundown on an evening in August, 1892. … The case is within the rule applied in Hubbell v. City of Yonkers, 104 N. Y. 434 , 10 N. E. 858 , and Glasier v. Town of Hebron, 131 N. Y. 447 , 30 N. E. 239 .

Rockefeller v. Pynchon

41 Misc. 2d 1 · New York Supreme Court · Nov 27, 1963

(Matter of Diocese of Rochester v. Planning Bd. of Town of Brighton, supra; Matter of Merrick Community Nursery School v. Young, 11 Misc 2d 576 ; Brandeis School v. Village of Lawrence, 18 Misc 2d 550, 559, 560 .) … No. 14 v. Village of Hewlett Bay Park ( 279 App. Div. 618 ); Jewish Consumptives Relief Soc. v. Town of Woodbury ( 230 App. Div. 228 , affd. 256 N. Y. 619 ) and Merrick Community Nursery School v.

City of New York v. Nunez

101 Misc. 375 · New York Supreme Court · Oct 15, 1917

Y. 604 ; Cary v. Given, *378 144 App. Dir. 221-224. … Van Benthuysen v. Sawyer, 36 N. Y. 150 ; People ex rel. Cooper v. Registrar of Arrears, 114 id. 19; Wallace v. McEchron, 176 id. 424-427.

People ex rel. Martin v. Kenyon

134 N.Y.S. 1007 · New York Supreme Court · Mar 15, 1912

People v. Purdy, 154 N. Y. 439 , 48 N. E. 821 , 61 Am. St. Rep. 624 . … But when we remember that the present Educational Law and Town Law were passed by the Legislature upon the recommendation of the Board of Statutory Consolidation, and that the act by which that board derived its existence

Thomas v. Ruhl

30 Misc. 567 · New York Supreme Court · Feb 15, 1900

(Kingsley’s ed.), §§ 309, 310; Minor v. Ozier, 84 Ga. 476 ; 10 S. E. Repr. 1088. When the intention of parties is established, courts *569 must enforce the contract so as to give effect to such intention. … Roberts v. Ely, 113 N. Y. 128 ; Weston v. Brown, 158 id. 368. The counterclaim has been established, and the plaintiff is entitled to judgment for the amount of the note in suit, less said counterclaim.

Mayor of New York v. Council of New York

182 Misc. 2d 330 · New York Supreme Court · Aug 31, 1999

Assocs. v Tyburski, 70 NY2d 325, 333 [1987]). … 22 NY2d 894 [1968] [upholding the establishment of a Police Advisory Board, which, like the Board here, had the power to investigate and advise]; Kiernan v City of New York, 64 Misc 2d 617 [Sup Ct, NY County], affd 35 AD2d

Mervak v. City of Niagara Falls

101 Misc. 2d 68 · New York Supreme Court · Oct 3, 1979

(Matter of Beary v City of Rye, 44 NY2d 398 , 412.) … (Goodson v New York City Tr. Auth., 66 AD2d 675 ; Williams v Town of Irondequoit, 59 AD2d 1049.)

Voirin v. Compagnie Generale Transatlantique

151 Misc. 498 · New York Supreme Court · Nov 27, 1933

The passenger is, therefore, by his purchase of a ticket, allowed to invite his friends on board to wish him Godspeed. … (Fox v. WarnerQuinlan Asphalt Co., 204 N. Y. 240 .) If an act is wanton, it is not negligence, but is trespass.

Futterman v. New York State Nurses Ass'n

124 Misc. 2d 693 · New York Supreme Court · May 1, 1984

Matter of Board of Coop. Educational Servs. v New York State Public Employment Relations Bd., 41 NY2d 753 ). … Board of Educ., 80 AD2d 572 , affd 55 NY2d 912 ; Menkes v City of New York, 91 AD2d 654 ), whether or not the individual is a union member (see Matter of Wald v Nassau Ch.

Monarch Sales Co. v. Vollmer

188 Misc. 281 · New York Supreme Court · Sep 29, 1946

(Trimble v. Brown-Green Co., 105 Misc. 210, 213 .) Clearly the resolution of this issue of fact, as well as others which have been raised, requires a trial upon the evidence. … Edelman, 164 Misc. 192 ; Long Island Tinsmith Supply Corp. v. Ramberg & Son, 172 Misc. 158 ). The matter will therefore be referred to Hon.

Williamson v. New York State Liquor Authority

38 Misc. 2d 976 · New York Supreme Court · Apr 5, 1963

The Nassau County Alcoholic Beverage Control Board made an investigation and recommended approval of the application. … Epstein,, 15 A D 2d 532; Matter of Blum v. D’Angelo, 15 A D 2d 909).

Porter v. Gardner

15 N.Y.S. 398 · New York Supreme Court · Jul 15, 1891

Institution for Savings v. Taft, 14 R. I. 502; Wing v. Merchant, 57 Me. 383 ; Tenbrook v. Brown, 17 Ind. 410 ; 8 Amer. & Eng. Enc. Law, 1319, and cases cited. Substantially the same was held in Taber v. … The fact that it remained on the farm was not necessarily inconsistent, (Armitage v. Mace, 96 N. Y. 542 ;) nor was the fact of no apparent change in the control, (Tenbrook v. Brown, supra.)

Waters v. Whitamore

13 Barb. 634 · New York Supreme Court · Sep 14, 1852

In my judgment the reasoning of the court in the case of Taylor v. Heath, ( 4 Denio, 592 ,) is entirely decisive of this question. The opinion and judgment of the court in that case is approved and adopted in Bennett v. … Brown, (4 Comst. 254,) which should be regarded as fully settling the question. It follows therefore that the judgment of the justice, and that of the county court, must be reversed with costs.