Case law

Eith v. City of New York

165 Misc. 18 · New York Supreme Court · Nov 22, 1937

(Hoey v. Dalton, 126 Misc. 194 .) … Moore v. Mausert, 49 N. Y. 332 ; People ex rel. Sears v. Board of Assessors, 84 id. 610.”

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.)

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.

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.

Hausman v. Miller

14 Misc. 2d 93 · New York Supreme Court · Oct 6, 1958

This law establishes a new single system of benefits for volunteer firemen and provides for the administration of such system by the Workmen’s Compensation Board and the chairman of such board (Volunteer Firemen’s Benefit … (Williams v. Hartshorn, 296 N. Y. 49, 50 , supra.)

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.

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.

Shaw v. Bryant

35 N.Y.S. 909 · New York Supreme Court · Nov 15, 1895

In Miles v. Loomis, 75 N. … Shepard v. Stebbins, 48 Hun, 247 ; Hyland v. Baxter, 42 Hun, 9 ; In re Rolph’s Estate (Surr.) 9 N. Y. Supp. 293 .

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.

People v. Mitchell

51 Misc. 2d 82 · New York Supreme Court · Dec 30, 1965

In People v. Russo ( 278 App. Div. 98 , affd. 303 N. … In accordance with People v. Russo and precedents cited, subdivision 4 of section 1751 is constitutional.

In re Ford

60 Misc. 2d 900 · New York Supreme Court · Oct 9, 1969

In 1927 the Board of Water Supply of the City of New York recommended to the Board of Estimate and Apportionment a need for the development of an additional supply of water from tributaries of the Delaware River, including … Thereafter, the Board of Water Supply adopted modifications of the map which were duly approved by the Board of Estimate and the Water Power and Control Commission.

In re Huie

2 Misc. 2d 38 · New York Supreme Court · Aug 10, 1954

Y. 75 ; Matter of Board of Water Supply, 277 N. Y. 452 ; Matter of Board of Water Supply, 211 N. Y. 174 ; South Buffalo Ry. Co. v. Kirkover, 176 N. Y. 301 ; Matter of Huie, 283 App. Div. 678 ; Matter of Huie, 282 App. … Div. 819 ; Town of Fallsburgh v. Silverman, 260 App. Div. 532 , affd. 286 N. Y. 594 ; Municipal Housing Authority for City of Yonkers v. Adels, 116 N. Y. S. 2d 707; Adirondack Power & Light Corp. 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. , ,

Paige v. Hazard & Kelley

5 Hill & Den. 603 · New York Supreme Court · Oct 15, 1843

The case of Sills v. Brown, (9 Carr. & Payne, 601,) on the authority of ivhich it is said, they acted, is very much in point. It is said to be but a nisi prius decision. … (See also The People v. Rector, 19 Wend. 573 , 576.) The principle of the decision in Norman v.

Maximilian v. Mayor of New York

4 Thomp. & Cook 491 · New York Supreme Court · Oct 15, 1874

The decisions made in Lorillard v. Town of Munroe, 11 N. Y. 392 , and Cosgrove v. Ogden, 49 id. 255, confirm this view, and there is nothing inconsistent with it in Gardner v. Board of Health, 10 id. 409. … Hafford v. New Bedford, 16 Gray, 297 ; Walcott v. Inhabitants of Swampscott, 1 Allen, 101 ; Fisher v. Boston, 104 Mass. 87 .

Hunter v. Hunter

19 Barb. 631 · New York Supreme Court · Apr 2, 1855

Brown, J. The plaintiff is the grandson and the defendant the son of John Hunter deceased, late of Hunter’s Island in the county of’Westchester. … Brown, Justice.]

Cross v. Anglo-American Banking Co.

29 N.Y.S. 960 · New York Supreme Court · Jul 13, 1894

V. Sidell, and Charles March. Mr. … The only defense interposed was that the plaintiffs were unable to prove a resolution of defendant’s board of directors authorizing its president to purchase this furniture.

Rosenthal v. McGoldrick

167 Misc. 673 · New York Supreme Court · May 17, 1938

Cropsey v. Hylan, 199 App. Div. 218 ; affd., 232 N. Y. 601 .) … A justice sought by mandamus to compel the board of estimate and apportionment to pay him the full compensation which he had been receiving but which said board had reduced.

Hill v. Mayor of New York

18 N.Y.S. 399 · New York Supreme Court · Mar 31, 1892

The action is brought to compel the removal of a dumping board erected on the east side of pier 12, on the East river, and to restrain the city from permitting the board to be used for dumping purposes, on the ground that … In the ease of People v. Baltimore & O. R. Co., in 117 N. Y. 150 , 22 N. E. Rep. 1026, Judge Gray, at page 158, 117 N. Y., and page 1028, 22 N. E.

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.