Case law

Valentine v. Healey

33 N.Y.S. 246 · New York Supreme Court · Apr 11, 1895

This ruling of the court is claimed to be supported by the cases of Mumford v. Brown, 1 Wend. 53 ; McKay v. Mumford, 10 Wend. 351 ; Dresser v. Dresser, 40 Barb. 300 ; and Wilcox v. Wilcox, 48 Barb. 329 . … Leigh v. Dickeson, 12 Q. B. Div. 194.

People ex rel. Stephens v. Tallman

36 Barb. 222 · New York Supreme Court · Feb 10, 1862

In Bouton v. … In Rathbun v.

People v. Bazo

139 Misc. 2d 1003 · New York Supreme Court · May 19, 1988

Brown v Purdy ( 186 App Div 54 , affd on opn below 226 NY 635 ) an assessment was to be charged to a certain parcel of realty due to the beneficial effect of the extinguishment of easements on that property. … Brown v Purdy, supra, at 57). . In State v Cochran (191 Conn 180, 463 A2d 618 ), the issue of whether sales tax is part of market value was not decided, since both parties stipulated that it was not.

Olsen v. Ross

191 Misc. 704 · New York Supreme Court · Feb 18, 1948

The courts have repeatedly held that such authority may not be delegated “ to other bodies and communities ” (Matter of Mooney v. Cohen, 272 N. Y. 33, 37 ; Burke v. Kern, 287 N. Y. 203, 211 ). … As stated in Matter of Rubinstein v. Board of Regents ( 177 Misc. 253, 254 ): “ An administrative rule may be no broader than the legislative grant. It cannot be more restrictive than the statute.”

Ackley v. Lawyers Title Insurance

16 Misc. 2d 402 · New York Supreme Court · Dec 17, 1958

It will be observed that this language calls for a year to year assessment without the necessity of a special resolution to that effect by the Board of Trustees. … By analogy at least the decision in Mayers v. Van Schaick ( 268 N.

People v. Baker

3 Hill & Den. 159 · New York Supreme Court · Jul 15, 1842

Pl. 42, Storrs v. The State, (3 Missou. Rep. 9 ;) Frasier v. The State, (5 id. 536 ;) Hildebrand v. The State, (id. 548 ;) Commonwealth v. Hope, ( 22 Pick. 1 , 6 ;) Covy v. The State, (4 Porter’s Rep. 186 ;) State v. … Rep. 101 ;) Hinton v. Brown, (1 id. 429 ;) Campbell v. The State, ( 9 Yerg. 335 ;) State v. Crank, ( 2 Bail. Rep. 66 ;) Tie Commonwealth v. Gillespie, ( 7 Serg. & Rawle, 469 ;) Buck v.

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 ).

Brundage v. Borchard

34 Misc. 2d 209 · New York Supreme Court · Apr 11, 1962

(Matter of Thomas v. Board of Stds. & Appeals, 290 N. Y. 109 ; Matter of Reed v. Board of Stds. & Appeals, supra, pp. 134-135; Matter of Douglaston Civic Assn. v. Board of Stds. & Appeals, 278 App. … Church v. Walsh, 244 N. Y. 280 ; Matter of Reed v. Board of Stds. & Appeals, 255 N. Y. 126, 134-136; Matter of Young Women’s Hebrew Assn. v. Board of Stds. & Appeals, 266 N. Y. 270 ; Matter of Levy v.

Herrington v. Town of Mexico

91 Misc. 2d 861 · New York Supreme Court · Oct 15, 1977

On July 22, 1977, the board of appeals denied the petitioner’s application solely on the basis of section 540 (subd 4, par D). … (Shepard v Village of Skaneateles, supra.)

Stewart Becker, Ltd. v. Horowitz

94 Misc. 2d 766 · New York Supreme Court · Apr 27, 1978

Bank v Eaton, 141 US 227 ). … Heney, 12 Cal App 380; Bankers’ Trust Co. v Rood, 211 Iowa 289 ; Litteral v Houser, 221 Md 403; Short v Hollingsworth, 291 Mich 271 ).

Civil Service Employees Ass'n, Inc., Local 1000 v. O'Rourke

173 Misc. 2d 460 · New York Supreme Court · Jan 27, 1997

County Law § 204 empowers the Board of Legislators to establish and abolish positions of employment by local law, resolution or by the adoption of a budget (Torre v County of Nassau, 86 NY2d 421 ; Poillucci v Pattison, 95 … functions of departments (Matter of Lippmann v Delaney, 48 AD2d 913, 914 ).

Ryan v. New York Cent. & H. R. Railroad

34 N.Y.S. 665 · New York Supreme Court · Jul 5, 1895

Bailey v. Railroad Co., 139 N. Y. 302 , 34 N. E. 918 ; Railroad Co. v. Daniels, 152 U. S. 684 , 14 Sup. Ct. 756. It was the duty of the defendant to provide safe appliances and apparatus for the use of its employés. … Bushby v. Railroad Co., 107 N. Y. 374 , 14 N. E. 407 ; Dougherty v. Railroad Co. (Sup.) 18 N. Y. Supp. 841 , affirmed 138 N. Y. 641 , 34 N. E. 512 ; Redington v. Railway Co., 84 Hun, 231 , 32 N. Y. Supp. 535 .

Mid Village Realty, Inc. v. New York State Commission for Human Rights

59 Misc. 2d 651 · New York Supreme Court · May 21, 1969

Labor Bd. v. Express Pub. Co., 312 U. … Choice lies with the Board and its finding * * * is conclusive where others might reasonably make the same choice.” (Matter of Stork Rest. v. Boland, 282 N. Y. 256, 274 ; see, also, Matter of Holland v.

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 .

Bergen v. Powell

37 N.Y. Sup. Ct. 438 · New York Supreme Court · Sep 15, 1883

The majority of the board which assumed to act has no power to appoint, and does not claim to have. It only makes a vacancy for the supervisor to fill. … It was not intended to give a permanent power of removal to one board and of appointment to another. The case of The People v. The Comptroller ( 20 Wend., 595 ) was one where the -appointment was continuous.

Guiliana v. Chiropractic Institute

45 Misc. 2d 429 · New York Supreme Court · Mar 2, 1965

Without questioning plaintiff’s right to assert the proper standards applicable in chiropractic malpractice situations (see Brown v. Shyne, 242 N. … (Morwin v. Albany Hosp., 7 A D 2d 582, 585.) Matter, though possibly pertinent as proof, has no place in a pleading if it is unnecessary to a statement of a cause of action. (See Newton v.

Menna v. New York City Employees' Retirement System

110 Misc. 2d 1065 · New York Supreme Court · Sep 4, 1981

and citing Matter of Nilsson v LaGuardia ( 259 App Div 145, 147 ) and Matter of Daley v Board of Estimate of City of N.Y. ( 267 App Div 592 ). … (See Matter of Johnson v Joy, 48 NY2d 689 ; Matter of Bernstein v Toia, 43 NY2d 437 .)

Jennings v. Chute

37 Misc. 39 · New York Supreme Court · Jan 15, 1902

The act is a penal one and in derogation of common-law right (Raynard v. Chase, 1 Burr. 2), and should receive a strict rather than a liberal construction. … See Curtis v. Leavitt, 15 N. Y. 236 . There seems no valid reason why the defendant should not account for partnership profits, and plaintiff is entitled to judgment accordingly. Judgment for plaintiff.

Singleton v. Thornton

9 N.Y. St. Rep. 600 · New York Supreme Court · Jun 15, 1887

Bank of Lowville v. Edwards, 11 How. Pr., 216 ; 1 Abb. Pr. and Plead., 228-9, notes f. and g., and cases there cited. … Coddington v. Davis, 1 Comst., 186. The point is made that the plaintiff’s motion was unau *602 thorized.

Mechanics' Bank of N. Y. v. Griswold

7 Wend. 165 · New York Supreme Court · May 15, 1831

In Corney v. Dacosta, 1 Esp. … This was a nisi prius decision, but it was cited and approved of in Brown v. Maffey, 15 East 222, by Mr.