Case law

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 .

Fopeano v. Murdock

22 Misc. 2d 426 · New York Supreme Court · Feb 4, 1960

The board has a wide scope in the exercise of its discretion whenever the discretion to make variances is granted to it.” (Matter of Goldenberg v. Walsh, 242 N. Y. 576 ; People ex rel. Fordham Manor Reformed Church v. … (Matter of Sima v.

National Bank v. Norton

1 Hill & Den. 572 · New York Supreme Court · Jul 15, 1841

(Kilgour v. Finlyson, 1 H. Black, 155. Mowatt v. Howland, 3 Day, 353 . White v. Union Ins. Co. 1 Nott & McCord, 561. Sanford v. Mickles, 4 John. R. 224.) Others cited by him are in point. (Abel v. Sutton, 3 Esp. … He is but one of fifteen directors who must act as a board, and can act in no other way as directors. One may certainly be clothed with' other powers.

Crandall v. Master-Eagle Photoengraving Corp.

27 Misc. 2d 475 · New York Supreme Court · Dec 8, 1960

Plaintiff's reliance on Hotcaveg v. Lightman (N. Y. L. J., Oct. 13,1960, p. 16, col. 6) is misplaced. … Nor is the decision of the Court of Appeals in Matter of Burkin v. Katz (1 N Y 2d 570) controlling.

Rickert v. White

54 Misc. 114 · New York Supreme Court · Apr 15, 1907

Koster v. Pain, 41 App. Div. 444 ; Smith v. Seattle, L. S. & E. R. Co., 72 Hun, 202 ; Barnes v. Brown, 80 N. Y. 535 . Judgment for plaintiff.

Armstrong v. Warden of Attica State Prison

48 Misc. 2d 1001 · New York Supreme Court · Jan 10, 1966

Rainone v. … Section 217 of the Correction Law requires that one retaken upon a parole violation warrant be detained by the arresting officer or returned by him to prison to await the action of the Board of Parole.

Wood v. La Rose

67 Misc. 2d 597 · New York Supreme Court · Oct 6, 1971

Hence, I again discern no difference between changes made by a board of review and changes made by the assessors where they are such board of review. … Co. v. Board of Supervisors of Erie County, 48 N. Y. 93 ; National Bank of Chemung v. City of Elmira, 6 Lans. 116 ).

Amory v. M'Gregor

15 Johns. 24 · New York Supreme Court · Jan 15, 1818

If the non-intercourse law was in full force and operation, at the time of the shipment, I do not see why the principles which governed the case of Fontaine v. The Phœnix Insurance Company, (11 Johns. … That was the rule adopted by this court, in the case of Watkinson v. Laughton. (8 Johns. Rep. 213.)

Sharp v. Fancher

36 N.Y. Sup. Ct. 193 · New York Supreme Court · Jan 15, 1883

It is urged by the plaintiff that this question has been decided in their favor in Board of Commissioners of Excise v. McGrath (34 Sup. Ct. N. Y. [27 Hun], 425). But we think the question of power was not passed upon. … This view is taken in Board of Commissioners v.

Consolidated Edison Co. of New York, Inc. v. Public Service Commission

127 Misc. 2d 1085 · New York Supreme Court · Apr 10, 1985

See Board of Education v. Barnette, 319 US 624, 633-634 (1943); id., at 645 (Murphy, J., concurring). … As stated in Board of Educ. v Barnette ( 319 US 624, 641 ): “Authority here is to be controlled by public opinion, not public opinion by authority.”

Bryant v. Grant

33 N.Y.S. 957 · New York Supreme Court · May 13, 1895

This wasj held to be the duty of a pledgee of promissory notes (Wheeler v. Newbould, 16 N. Y. 392 ), and justice requires the application of a similar rule in this case. … BROWN, P. J., concurs with CULLEN, J.

Andrews v. Woodmansee

15 Wend. 232 · New York Supreme Court · May 15, 1836

Browne,Sir John Holt’s R. 425, the alleged libel was apparently harmless, but the information laid the matter to have been published ironically. In Woolnoth v. … In Gibson v.

People v. Desnoyers

183 Misc. 2d 871 · New York Supreme Court · Feb 7, 2000

On February 17, 1998, Agent McNamara assisted Inspector Debbie Brown in the seizure of a large shipment of goods bound for Haiti. … Inspector Brown notified Agent McNamara and together they examined the contents of the entire shipment. The examination disclosed numerous apparent shipping violations.

Tropp v. Knickerbocker Village, Inc.

205 Misc. 200 · New York Supreme Court · Mar 24, 1953

Henderson v. Board of Supervisors of Co. of Westchester, 147 N. Y. 1, 16 .) … United States, supra; Noyes v. Erie & Wyoming Farmers Co-op. Corp., 281 N. Y. 187 ; Matter of Vil. of Saratoga Springs v. Saratoga Gas, Elec. Light & Power Co., 191 N. Y. 123 ; Davidson v.

Spencer v. Leary

137 Misc. 124 · New York Supreme Court · Mar 20, 1930

Werner v. Prendergast ( 206 N. Y. 405 ). That case involved the status of employees of the board of elections of New York city. … (Greene v. Knox, 175 N. Y. 432 .) The motion for judgment on the pleadings is accordingly denied. Order signed. , ,

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

Young v. Town of Huntington

88 Misc. 2d 632 · New York Supreme Court · Oct 21, 1976

In Matter of Zuckerman v New York State Bd. of Parole ( 53 AD2d 405 ) the Parole Board argued, inter alia, that section 88 (subd 7, par d) protected its minutes from inspection. … Although Parole Board proceedings are administrative in nature (see People ex rel. Calloway v Skinner, 33 NY2d 23 ; People ex rel. Maggio v Casscles, 28 NY2d 415 ), Zuckerman is not dispositive of the breadth issue.

Aaron v. Allen

53 Misc. 2d 6 · New York Supreme Court · Feb 21, 1967

of Educ. v. … Board of Educ. of City of N. Y., 205 Misc. 73 , affd. 285 App. Div. 1046 , mot. for lv. app. den. 286 App. Div. 832 ; Thomson v. Board of Educ. of City of N. Y., 201 N. Y. 457, 465 ; Stetson v.

Goldstein v. Hirsh

108 Misc. 294 · New York Supreme Court · Jul 15, 1919

Although the Century Dictionary defines a garage as “ a stable for motor cars ” (Beach v. Jenkins, 174 App. … Irving v. Campbell, 121 N. Y. 353 . It seems to me, however, the rule has no application to the case at bar.

Greens at Half Hollow, LLC v. Town of Huntington

15 Misc. 3d 415 · New York Supreme Court · Sep 18, 2006

based upon population to enact such an adjudicatory board as the ZVB. … (See, UDCA 203; Municipal Home Rule Law § 11 [1] [e]; Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d 395 [2003].)