Case law

People v. Hussain

167 Misc. 2d 146 · New York Supreme Court · Feb 1, 1996

Additionally, notice would not have been required since it is clear that a "public servant” for purposes of CPL 710.30 is meant to pertain to those in law enforcement, or their agents (see, People v Brown, 143 Misc 2d 325 … Here, the defendant alleges the failure of the "public servant” to give Miranda warnings (Miranda v Arizona, 384 US 436 [1966]) as the legal basis for his claim of involuntariness.

Haas v. Lawson

185 Misc. 964 · New York Supreme Court · Sep 25, 1945

(Pierce v. Morris, 192 App. Div. 502 ; Hollander v. Brown, 233 App. Div. 831 ; Massaad v. Stevens, 240 App. Div. 1033 ; Kematjian v. Island Cab Co., 244 App. Div. 704 .)

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.

Long Island Daily Press Publishing Co. v. Tomitz

12 Misc. 2d 480 · New York Supreme Court · May 29, 1958

(Berwin & Co. v. American Safety Razor Corp., 282 App Div. 922 .) … (S-M News Co. v. Simons, 279 App. Div. 364, 368, 371 .)

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.

Greene v. Holbrook

128 Misc. 769 · New York Supreme Court · Jan 7, 1927

Co. v. … To the same general effect, see Pfender v. Depew ( 136 App. Div. 636 ); Byrnes v. Stilwell ( 103 N. Y. 453 ); Corse v. Chapman (153 id. 466 ); Matter of Brown (154 id. 313 ) and Matter of Watts ( 68 App. Div. 357 ).

Ray Consolidated Copper Co. v. American Engineering Co.

123 Misc. 276 · New York Supreme Court · May 19, 1924

The facts, as disclosed by the complaint, would seem to bring the instant case squarely within the decision in Sanford v. Brown Brothers Co., 208 N. Y. 90 . … Griffin v. Colver, 16 N. Y. 489 ; Mortimer v. Otto, 206 id. 89. The allegations relating to special damages are properly pleaded (Parsons v. Sutton, 66 N.

Di Loreto v. Stockman

123 Misc. 2d 977 · New York Supreme Court · Feb 7, 1984

(Matter of Horan v Board of Appeals, 6 Misc 2d 571 .) … Co. v Procaccino, 53 AD2d 275 ; Matter of Condé Naste Pub. v State Tax Comm., 51 AD2d 17 ; Matter of Leathersich v Wade, 20 AD2d 963 ).” (Matter of Delies v Cooper, 55 AD2d 244, 245-246 .)

Devoy v. Mayor of New York

39 Barb. 169 · New York Supreme Court · Feb 2, 1863

The question raised in this case was examined and decided in the common pleas, in Canniff v. The Mayor &c. of New York, (4 E. D. Smith, 430.) … The change of the appointing power from the defendants to the board of police did not relieve them from liability to pay whatever they were bound to pay before. The same principle was stated by Nelson; Oh.

Anschutz Exploration Corp. v. Town of Dryden

35 Misc. 3d 450 · New York Supreme Court · Feb 21, 2012

Board of Assessment Review of Town of Niskayuna, 209 AD2d 788, 789 [1994]). … However, it has been considered, inasmuch as the error in execution does not affect a substantial right of a party (see CPLR 2001; Matter of Smith v Board of Stds. & Appeals of City of N.

Desimone v. Skidmore College

135 Misc. 2d 850 · New York Supreme Court · Jul 1, 1987

Brown, J. … On February 18, 1987, Betty V. Belevic, a faculty member and a CAPTS committee member, appeared for an examination before trial.

Fattorusso v. Urbanowicz

3 Misc. 3d 502 · New York Supreme Court · Feb 19, 2004

The rules and regulations governing claiming races are established by the New York State Racing and Wagering Board and have the force and effect of a statute (see Bittrolff v Ho’s Dev. Corp., 77 NY2d 896 [1991]). … With the exception of the misrepresentation as to age or sex (see Brodsky v Nerud, 68 AD2d 876 [1979]), the only other grounds for voiding a claim under the Racing and Wagering Board’s regulations is a positive test result

Gough v. St. John

16 Wend. 646 · New York Supreme Court · May 15, 1837

It was so applied in Corbett v. Brown, 8 Bing. 33, by the English common pleas. There the words being literally true, though substantially false, the jury found for the defendant. … Smith v. Hunt, 1 M’Cord, 449. Quick v. Johnson, 6 Mart. Lou. R. N. S. 532, 3. Newman v. Bradley, 1 Dall. 240 . Farrel v. M’Clea, id. 382 . Barnes v. Kelley, 2 Hayw. 45 . Turner v. Child, 1 Dev. 133 , 4. Arthur v.

People v. Norton

7 Barb. 477 · New York Supreme Court · Dec 3, 1849

Pl. 171, Rex v. Sainsbury, 4 T. R. 457. Same v. Robinson, 2 Burr. 799. Same v. Wigg, 2 Salk. 460. Same v. Carlisle, 3 B. & A. 161.) … There is no provision for removing from office the supervisor, who usually presides in the board of excise.

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 .

Opoliner v. Joint Queensview Housing Enterprise, Inc.

27 Misc. 2d 973 · New York Supreme Court · Apr 3, 1961

Justice Edeb, in Fener v. Brewster Aeronautical Corp. ( 192 Misc. 290, 292 ), stated: “ Section 327 [Civ. Prac. … In Schmoll Fils Associated v. Baltic America Line ( 231 App.

Harrison v. McAdam

38 Misc. 18 · New York Supreme Court · May 15, 1902

The primary meaning of the word “ issue ” is descendants generally, or heirs of the body without regard to degree ( Soper v. Brown, 136 N. Y. 244 ; Drake v. Drake, 134 id. 220; New York, L. I. & T. Co. v. … Matter of Brown, 93 N. Y. 295 ; Matter of Paton, 111 id. 480. Upon the whole case, therefore, I think, although another view of the will may he warranted, that Jessica R.

Ricker v. Village of Hempstead

176 Misc. 860 · New York Supreme Court · May 13, 1941

Palmer v. Board of Education ( 276 N. Y. 222 ); Matter of Scahill v. Drzewucki (269 id. 343 ); People ex rel. Hannan v. … (Palmer v. Board of Education, supra, p. 226 .)

In re Korndorfer

49 N.Y.S. 559 · New York Supreme Court · Nov 15, 1897

Supp. 714 , and People v. Murray, 148 N. Y. 171 , 42 N. E. 584 ), whenever the licensee discontinued business the exemption ceased, and the place could not obtain a liquor tax certificate. … In People v. Board of Excise Com’rs (Com. Pl.) 27 N. Y.