Case law

Great Atlantic & Pacific Tea Co. v. New York World's Fair 1964-1965 Corp.

42 Misc. 2d 855 · New York Supreme Court · Apr 6, 1964

(Booth v. Rome, Watertown & Ogdensburg Term. R. R. Co., 140 N. Y. 267 ; Bove v. Donner-Henna Coke Corp., 236 App. Div. 37 ; Mahan v. Brown, 13 Wend. 260 .) In the case of Booth v. Rome, Watertown & Ogdensburg Term. R. … In Mahan v.

Society of the Plastics Industry, Inc. v. City of New York

68 Misc. 2d 366 · New York Supreme Court · Nov 11, 1971

Y. 325 ; Matter of Haber v. Board of Estimate, 33 A D 2d 571, 572; Westchester Motels v. Village of Elmsford, 20 A D 2d 818; Brechner v. Incorporated Vil. of Lake Success, 23 Misc 2d 159 ). … (Williams v. Rhodes, 393 U.

People v. Sykes

57 Misc. 2d 875 · New York Supreme Court · Sep 19, 1968

Thereupon the Parole Board, after a hearing, adjudged defendant a parole violator on the 1965 sentence. … Huntley (15 N Y 2d 72, 78 [voluntariness of confession]) ; People v. Malinsky (15 N Y 2d 86, 96 [unlawfully seized evidence]) and People v.

Delgado v. Freeport Public School District

131 Misc. 2d 102 · New York Supreme Court · Feb 21, 1986

Petitioner’s citation of Richards v Board of Educ. (decision No. 11490, July 17, 1985) is distinguishable on its facts. … Also instructive on the subject of temporary residence is Vaughn v Board of Educ. ( 64 Misc 2d 60 ). The fact of the matter is that what the petitioner and Roosevelt want is not legal, fair or practical.

Westchester Joint Water Works No. 1 v. Village of Pelham

148 Misc. 349 · New York Supreme Court · Jun 17, 1933

of the Conservation Law was added by chapter 648 of the Laws of 1926 and in so far as is material to the question before the court reads as follows: “No municipal corporation or other civil division of the state, and no board … It seems to me that the law in Town of Mamaroneck v. New York Interurban Water Co. ( 198 App. Div. 396 ) is controlling here.

Meschi v. New York State Department of Environmental Conservation

114 Misc. 2d 877 · New York Supreme Court · Jul 15, 1982

(Matter of Schenectady Chems. v Flacke, 83 AD2d 460, 463 .) As this court stated in Center Sq. … The affidavits of members of the Town Board of the Town of Lebanon establish that the board and the public did not become aware of the location for the proposed facility until after its acquisition, and the issuance of the

Lockwood v. Brantly

38 N.Y. Sup. Ct. 155 · New York Supreme Court · Dec 15, 1883

(Gulick v. *157 Gulick, 33 Barb., 102 ; McNamara v. Dwyer, 7 Paige, 239 ; Field v. Gibson, 56 How., 232 ; Brown v. Brown, 1 Barb. Ch. R., 189.) … Under the authority of Carleton v. Carleton (85 N.

American Insurance v. Dunham

12 Wend. 463 · New York Supreme Court · Oct 15, 1834

In the case of Seton, Maitland & Co. v. Low, 1 Johns. … See also Skidmore v. Deldoity, 2 Johns Cas. 77, and Juhel v. Rhinelander, 2 id. 120 , affirmed in the court of errors, in same vol. p. 487.

In re City of New York

68 Misc. 89 · New York Supreme Court · Jun 15, 1910

In Roosevelt Hospital v. Mayor, etc., 84 N. … judicial, and that the statute in conferring this power to fix the area of assessment sought to clothe that board with judicial powers, citing Monongahela Navigation Co. v.

In re Schuyler

137 Misc. 190 · New York Supreme Court · May 12, 1930

Wood v. Assessors, 137 N. Y. 201, 204 ; People ex rel. Ajas v. Board of Education, 104 App. Div. 162, 164 .) … By resolution of the town board the bridge was closed to travel and declared abandoned.

Mann v. Nyquist

71 Misc. 2d 435 · New York Supreme Court · Oct 10, 1972

But, in any event, he appealed to the Education Commissioner the respondent board’s decision which abolished his full-time position. … Baer holds in accordance with the decision of the Appellate Division, Third Department, in Matter of Van Heusen v.

Orange & Rockland Utilities, Inc. v. Village of Kiryas Joel

3 Misc. 3d 201 · New York Supreme Court · Jan 5, 2004

For similar reasons, petitioner’s first cause of action is dismissed for failure to exhaust available administrative remedies (see, Semon Trust/Lord & Taylor v Board of Assessors, 160 AD2d 991, 992 [1990]; RPTL 554, 706). … Insurers v Chu, 77 NY2d 573, 586 [1991]). .

Stock Quotation Telegraph Co. v. Hayes

120 Misc. 644 · New York Supreme Court · Apr 15, 1923

On January 18, 1912, the board of estimate and apportionment adopted the following resolution: *646 “ Whereas the corporation counsel has by an opinion presented to the board this day advised that the Holmes Electrical Protective … Plaintiff relies upon the decision in the case of Holmes Electrical Protective Co. v. Williams, 228 N. Y. 407 . The Holmes Company was incorporated under the same statute as plaintiff.

In re One Hundred and Fifteenth and Vistula Avenues

137 Misc. 358 · New York Supreme Court · Apr 19, 1930

(Miner v. Brown, 133 N. Y. 308 .) … Y. 83 ; Grosser v. City of Rochester, 148 id. 235, 237.)

Price v. Shipps

16 Barb. 585 · New York Supreme Court · Dec 5, 1853

(Mickles v. Colvin, 4 Barb. 304 . Root v. French, 13 Wend. 570 . Williams v. Smith, 2 Hill, 301 .) … (Herkimer County Bank v. Brown, 6 Hill, 232 . Knower v. Barnard, 5 Id. 378. Ball v. Shell, 21 Wend. 222 . Benjamin v. Smith , 12 Id. 404 .)

People ex rel. Pennsylvania Railroad v. Leo

112 Misc. 578 · New York Supreme Court · Jul 15, 1920

Co. v. Barker, 153 N. Y. 98 . … Herald Square Realty Co. v. Saks & Co., 215 N. Y. 427 . In my opinion the relator cannot be called upon to obey the order because of any contractual obligation on its part.

Hutchinson v. Curtiss

45 Misc. 484 · New York Supreme Court · Dec 15, 1904

Barely two weeks' after the payment of the dividend of October 15, 1899, and on November 2, 1899, the minutes of the board of directors disclosed its serious financial condition as reported to said board, viz., its outstanding … Hutchinson v. Stadler, 85 App. Div. 428 .

Powers v. Brooklyn El. R.

35 N.Y.S. 43 · New York Supreme Court · Jul 26, 1895

Searles v. Railway Co., 101 N. Y. 661 , 5 N. E. 66 . … BROWN, P. J., dissents.

People ex rel. Nolan v. Prendergast

88 Misc. 307 · New York Supreme Court · Dec 15, 1914

This view seems to be supported by Wooster v. Forty-second St. & Grand St. Ferry R. R. Co., 71 N. Y. 471 . … Co. v. Campbell Stores, 101 App. Div. 400 ; affd., 184 N. Y. 582 ; Stokes v. Atlantic Ave. R. R. Co., 89 Hun, 2 .

Wilson v. Onondaga Radio Broadcasting Corp.

175 Misc. 389 · New York Supreme Court · Jan 3, 1940

In Klauber v. S. K. E. … (Dain v. Wycoff, 7 N. Y. 191 -193; Palmer v. Haskins, 28 Barb. 90 ; Austin v. Bacon, 49 Hun, 386 .) ” Enos v. Enos was affirmed ( 135 N. Y. 609 ) and was followed in Palmer v. Bailey ( 33 App. Div. 642 ). In Brown v.