Case law

Wilson v. Tabernacle Baptist Church

28 Misc. 268 · New York Supreme Court · Jun 15, 1899

There is no evidence before me showing that the board of trustees of the defendant as a body knew of the loans being made, or that they ever with knowledge ratified the action of their treasurer or representatives in obtaining … It was consequently held in the cases of People’s Bank v. Saint Anthony’s Roman Catholic Church, 109 N. Y. 512 , and Columbia Bank v.

In re Rousos

119 N.Y.S. 34 · New York Supreme Court · Sep 28, 1909

Beauchamp v. Whittington, 10 La. Ann. 646 . He is amenable for crime, and pleads without intervention, and must suffer the penalty when found guilty. … Patton v Furthmier, 16 Kan. 29, 30 . It is also held that a seaman over 14 years of age may sue for his wages without the appointment of a guardian ad litem. 22 Cyc. 636, citing Brown v. The Henry Pratt, 4 Fed.

In re the Acquisition of Land by the City of Utica

134 Misc. 60 · New York Supreme Court · Feb 21, 1929

These decisions are overruled in Matter of City of Rochester v. Holden ( 224 N. … (Board of Water Commissioners, v. Johnson, 86 Conn. 151 ; Sears v. City of Akron, 246 U. S. 242 ; Joslin Manufacturing Co. v. Clarke, * 103 Atl.

Hutchins v. Department of Labor

173 Misc. 924 · New York Supreme Court · Mar 30, 1940

(West Coast Hotel Co. v. Parrish, 300 U. S. 379, 398 .) … (Nebbia v. New York, 291 U.

Newell v. Woolfolk

36 N.Y.S. 327 · New York Supreme Court · Dec 2, 1895

BROWN, P. J. This action was brought to recover for injuries to the plaintiff’s property caused by the blasting of rocks by the defendants. … The rule of law applicable to a case of this character was stated by the court of appeals in Booth v. Railroad Co., 140 N. Y. 267 , 35 N. E. 592 .

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.

Welton v. City of Lockport

13 Misc. 2d 341 · New York Supreme Court · Aug 19, 1958

(Schwartz v. Lubin, supra, p. 111.) The granting of a temporary injunction, pending final hearing, is within the sound discretion of the trial court (Prendergast v. New York Tel. Co., 262 U. S. 43, 50 ; Jenkins v. … (See Niagara Falls Power Co. v. White, 292 N. Y. 472, 479, 480 .)

Welco Associates v. Gordon

151 Misc. 2d 1064 · New York Supreme Court · Sep 6, 1991

Co. v Franklin Natl. Bank, 37 NY2d 245 ; Rentways, Inc. v O’Neill Milk & Cream Co., 308 NY 342 ; 731 W. Lake Rd. v Boheen, 58 AD2d 1038 .) … (Matter of Data-Guide Inc. v Marcus, 16 Misc 2d 541 .)

Town of Harrison v. County of Westchester

46 Misc. 2d 1035 · New York Supreme Court · May 28, 1965

(Bell v. Merrifield, 109 N. Y. 202 ; Active Doll Corp. v. Lujan, Inc., 38 Misc 2d 502 .) … Lawrence v. Board of Supervisors of the County of Westchester, 73 N. Y. 173, 176 ; Gerry v. Volger, 252 App.

Cavallo v. Cavallo

33 Misc. 2d 245 · New York Supreme Court · Jan 22, 1962

The right of a plaintiff, in an action to rescind a separation agreement, to examine the defendant with respect to his income and assets is established (Brown v. Brown, 209 App. Div. 835 , affd. 239 N. … Y. 518 ; Harding v. Harding, 203 App. Div. 721 , affd. 236 N. Y. 514 ; Rosenthal v. Rosenthal, 230 App. Div. 483 ; Sholes v. Sholes, 17 Misc 2d 796 ).

Williams v. Williams-McWilliams Industries, Inc.

9 Misc. 2d 782 · New York Supreme Court · Dec 19, 1957

The response was that the matter will be brought to the attention of the board of directors at its next meeting. The board met and this item was on its agenda, but no action was taken. … Miles v. Montreal & Boston Copper Co., 40 Misc. 282 ; cf. People ex rel. Muir v.

Klock v. Beekman

25 N.Y. Sup. Ct. 502 · New York Supreme Court · Sep 15, 1879

Ev., §§ 112, 174, 177, 180; Whitaker v. Brown, 16 Wend., 505 ; Walden v. Sherburne, 15 Johns., 409 ; Gow on Part., 37, et seq.) … It is not necessary to show the application of the money to the uses of the firm. ( Whitaker v. Brown, ante.) It was of no consequence whether Klock knew of the borrowing of the money or not.

People v. Figueroa

122 Misc. 2d 631 · New York Supreme Court · Jan 17, 1984

The closer in time a confession follows an illegal arrest, the less likely it is to be attenuated (Brown v Illinois, 422 US 590 ). Also to be weighed is the nature and extent of the illegal police conduct. … The more flagrant and purposeful the violation of an individual’s rights, the stronger the intervening factors necessary to cleanse the taint (Brown v Illinois, 422 US 590 , supra; see 3 LaFave, Search and Seizure, § 11.4

Helms v. Otis

5 Lans. 137 · New York Supreme Court · Sep 15, 1871

. ° It was held in Kimball v. … The case of Chamberlin v. Cuyler ( 9 Wend., 126 ) is decisive of the question. In that case the plaintiff’s account *139 accrued in the years 1826 and 1827.

Kramer v. Metropolitan Commercial Corp.

206 Misc. 842 · New York Supreme Court · Nov 12, 1954

Y. 46, 52-53 ; Marco v. Sachs, 269 App. Div. 845 , affd. 295 N. … Harriss v. Tams, 258 N. Y. 229, 241 .)

Barretto v. Snowden

5 Wend. 181 · New York Supreme Court · Jul 15, 1830

In the case of The Juniata Bank v. Brown, 5 Serg. & Rawle, 232, the supreme court of Pennsylvania held an endorser admissible; but they put it on the ground that as endorser he was discharged. Rice v. Stearn, 3 Mass. … In the language of Le Blanc, justice, in Dagnall v.

Levert v. Central School District No. 6

24 Misc. 2d 832 · New York Supreme Court · Aug 4, 1960

Ambrosio, 8 Misc 2d 735 ; Hasen v. Apsel, 17 Misc 2d 858 ). … As subdivision 1 of section 3813 reveals, it is claims which the school district or board of education has the power u to adjust or to pay ” that must be filed. (See Matter of Randall v. Hoff, 4 Misc 2d 376 ; cf.

Tilton v. Farmers' Insurance

82 Misc. 79 · New York Supreme Court · Aug 15, 1913

She called upon him after this, in January, 1911, and asked him to call a special meeting of the board. He told her he could not and referred her to the president, A. V. Dockstader. … Co., supra; Baumgartel v. Providence W. Ins. Co., supra; Skinner v. Norman, supra.

Abbott v. Abbott

125 Misc. 2d 837 · New York Supreme Court · Sep 24, 1984

(Orr v Orr, supra, at pp 281-283 .) … (See Browne v Browne, 53 AD2d 134 .) Plaintiff’s motion to dismiss defendant’s first affirmative defense is accordingly granted.

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.)