Case law

Bartlett v. Short Line Bus System

69 Misc. 2d 818 · New York Supreme Court · May 19, 1971

However, New York, as well as New Jersey, requires a high degree of care on the part of common carriers towards its passengers (Bowen v. New York Cent. R.R. Co., 18 N. Y. 408 ; Brown v. New York Cent. R.R. Co., 34 N. … De Witt, Inc. v. Hall, 19 N Y 2d 141; De Paul v. George, 34 A D 2d 620; Hart v. American Airlines, 61 Misc 2d 41 ).

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.

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.)

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.

Cromwell v. Stephens

3 Abb. Pr. 26 · New York Supreme Court · Jun 15, 1867

In Dausey v. … In Smith v.

Eisenberg v. Reasenberg

133 Misc. 190 · New York Supreme Court · Oct 25, 1928

S. 532 ) and Vogel v. … (Villemin v. Brown, 193 App. Div. 777 ; Tower v. Crosby, 214 id. 392; Thorner v. Samuels, 122 Misc. 139 ; affd., 209 App. Div. 863 ; Stephens v. Pattou, 208 id. 63.)

People v. De Vito

77 Misc. 2d 463 · New York Supreme Court · Mar 8, 1974

In one storage room, they noticed a closed but unlocked trunk, on top of which were a can of milk-sugar, a scale, rubber bands, and a brown paper bag with a message telling “ Cherokee ” that “ we are out of * * * action. … In People v. Brown (28 N Y 2d 282, 286 [1971]) the Court of Appeals, citing People v. Montgomery (15 N Y 2d 732) and People v.

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).

Torre v. Heffernan

188 Misc. 284 · New York Supreme Court · Aug 5, 1946

The Board of Elections has ruled out the designating petition of Torre, and the movant here seeks to reinstate that petition. … There is called to the court’s attention the decision of the Court of Appeals in Matter of King v. Cohen ( 293 N. Y. 435 ).

Anonymous

7 Cow. 102 · New York Supreme Court · May 15, 1827

Wallace v. Bond, 4 Hill’s Rep. 536. … People v. Wright, 5 How. Pr. R. 23; 1 Hill, 671 . But in another case, (Mason v. Brown, 6 How. Pr.

Blossom v. Champion & Woodhull

37 Barb. 554 · New York Supreme Court · May 5, 1862

(Saltus v. Everett, 20 Wend. 267 . Brower v. Peabody, 3 Kern. 122.) … The following cases are adverse to the claim of the vessel: Bailey v. Damon, ( 3 Gray, 92 ;) Clewson v. Davidson, ( 5 Binn. 392, 401 ;) Curling v. Long, (1 Bos. & P. 634.)

People v. Corner

12 N.Y.S. 936 · New York Supreme Court · Feb 15, 1891

Wilder v. Boynton, 63 Barb. 547 . … Those questions had been presented to the board of audit, and no question arose during the progress of that litigation akin to the one now before us: In U. S. v.

Harvey v. Finnick

111 Misc. 2d 197 · New York Supreme Court · Oct 29, 1981

(Matter of Board of Educ. v Allen, 6 NY2d 127 ; County of Saratoga v Saratoga Harness Racing Assn., 4 NY2d 622 ; Cimo v State of New York, 306 NY 143 ; People v Smith, 69 NY 175 .) … (Farrington v Pinckney, supra; Robinson v County of Broome, 195 Misc 24, 30 ; St.

Rathbun v. Brownell

43 Misc. 307 · New York Supreme Court · Mar 15, 1904

The case of Lane v. … Such also is the holding in Brown v. Bache, 66 App. Div. 367 ; 72 N. Y. Supp. 687 . These decisions, I think, are in conflict with the contention of the moving parties.

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.)

Jones v. Mayor

9 N.Y. St. Rep. 247 · New York Supreme Court · May 13, 1887

Ham v. Mayor, 70 N. Y., 459 ; Mayor v. Bailey 2 Denio, 433 ; Smith v. City of Rochester, 76 N. Y., 506 ; Maxmilian v. Mayor, etc., 2 Hun, 263 ; affirmed, 62 N. Y., 160 ; Donovan v. … Board of Education, 85 id., 117; Morrison v. Lawrence, 98 Mass., 219 ; Barney v. Lowell, id., 570; Fisher v. Boston, 104 id., 87; N. Y. and Brooklyn Saw Mill Co. v. Brooklyn, 71 N.

People ex rel. Hyman v. Leo

108 Misc. 39 · New York Supreme Court · Jul 15, 1919

Five members of the board voted in the affirmative and the chairman in the negative. … It follows that the writ should be sustained, with costs, and the resolution of the board of standards and appeals reversed. Writ sustained, with costs.

Saratoga Lake Protection & Improvement District v. Department of Public Works of Saratoga Springs

11 Misc. 3d 780 · New York Supreme Court · Feb 7, 2006

(Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406, 413 [1987].) … SLPID’s governing board is made up of five commissioners, all appointed by the chair of the Saratoga County Board of Supervisors, with approval of the entire Board — one appointed to represent the City and each of the towns

Evans v. Berry

141 Misc. 920 · New York Supreme Court · Nov 24, 1931

(See Farrington v. State of New York, 248 N. Y. 112, 115 .) … In Williamsburgh Savings Bank v. State of New York ( 243 N.

Reynolds v. Ward

5 Wend. 501 · New York Supreme Court · Oct 15, 1830

Hubbly v. Brown & Nichols, 16 Johns. R. 70. In this case the court say they regard the endorser in the nature of a surety, and the maker of the note as the principal debtor. It was said by Kent, C. … Best, in the case of Philpot v. Briant, 4 Bing. 717, vouches for the correctness of the case of Arundle Bank v. Goble, and most distinctly reiterates the same principle.