Case law

People v. Chapman

4 Park. Cr. 56 · New York Supreme Court · Jun 15, 1858

The note set forth in the indictment is prima facie an instrument in writing evidencing an indebtedness to the amount expressed, by the defendant Chapman to Board- . man, the prosecutor. … The case of Fenton v. The People ( 4 Hill, 126 ), is regarded by the counsel for the people as conclusive in support of this proposition.

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.

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.

Dime Savings Bank v. Sherman

64 Misc. 2d 457 · New York Supreme Court · Aug 21, 1970

more than four months after the report and is, therefore, untimely (Beal Property Actions and Proceedings Law, § 1355, subd. 2) that irregularity will be disregarded absent any showing of prejudice (Sibley Realty Corp. v. … Corp. v. Finch, 8 A D 2d 869; Lona Is. City Sav. & Loan Assn. v. Brown, 33 Misc 2d 996 ; see CPLB 2001, 2004).

Wood v. La Rose

67 Misc. 2d 597 · New York Supreme Court · Oct 6, 1971

Hence, I again discern no difference between changes made by a board of review and changes made by the assessors where they are such board of review. … Co. v. Board of Supervisors of Erie County, 48 N. Y. 93 ; National Bank of Chemung v. City of Elmira, 6 Lans. 116 ).

Ching-Leou Liu v. Eugenio Maria De Hostos Community College

17 Misc. 3d 663 · New York Supreme Court · Oct 2, 2007

City of New York, 49 AD2d 565 ; Smith v. City of New York, 120 Misc 2d 868 ; Grossman v. City of New York, 71 Misc 2d 234 ; *666 Rosenthal v. Walsh, 69 Misc 2d 612 ; Spitalnik v. City of New York, 56 Misc 2d 183 ; cf. … Clift v. City of Syracuse, 45 AD2d 596 ; Vaccaro v. Board of Educ., 54 Misc 2d 206 ).” (Matter of Rubinstein v Simpson, 109 AD2d 885, 886 [2d Dept 1985].)

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. 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 .

Talmage v. Hunting

39 Barb. 654 · New York Supreme Court · May 11, 1863

By the Court, Brown, J. … In Doughty v.

People ex rel. Weinstein & Son, Inc. v. Cantor

116 Misc. 169 · New York Supreme Court · Jul 15, 1921

The legislative body of a county, or the legislative body of a city Avith the approval of the board of estimate and apportionment, if there be one in such city, or the governing board of a toAvn, village or school district … I will refer only to the case of Association for the Benefit of Colored Orphans in the City of New York v. The Mayor, etc., 104 N. Y. 581 .

Chambers v. City of New York

173 Misc. 769 · New York Supreme Court · Apr 4, 1940

Krulish v. Fornes, 175 N. Y. 114, 117 .) … (See Brooklyn Citizen v. City of New York, 258 App. Div. 657 ; Lowe v. City of New York, 240 id. 484; affd., 265 N. Y. 583 ; People ex rel. Schanck v. Green, 64 id. 499; O’Brien v. City of Niagara Falls, 62 Misc. 92 .)

Smith v. Cranford

32 N.Y.S. 375 · New York Supreme Court · Feb 11, 1895

BROWN, P. J. The defendants, from September to November, 1890, were engaged as contractors with the city of Brooklyn in constructing upon the city’s land an aqueduct in aid of the city’s water supply. … Bank v. De Grauw, 23 Wend. 342 ; Noe v. Christie, 51 N. Y. 270 ; Kromer v. Heim, 75 N. Y. 574 . The referee properly ruled that the agreement was executory, and was not a bar to the maintenance of this action.

Whittemore v. Adams

2 Cow. 626 · New York Supreme Court · May 15, 1824

Allen, 1 Dall. 188 ; Smith v. Spinola, 2 John. Rep. 198 ; White v. Canfield, 7 John. Rep. 117 ; Sicard v. Whale, 11 John. … . *633 The case principally relied on by the defendant’s counsel, is Hicks v. Brown, ( 12 John. 142 .)

Turrell v. Norman

19 Barb. 263 · New York Supreme Court · Mar 5, 1855

It did not repeal any former law upon that subject, nor did it take away any power or authority then vested in the canal board or any canal commissioner. … (Baker v. Johnson, 2 Hill, 342 , and cases there cited.) The defendants are, in my opinion, entitled to judgment.

Lendino v. Fiorenza

203 Misc. 115 · New York Supreme Court · Apr 18, 1952

While it appears that in the first department it has been held that the word “ crook ” is not slanderous per se (Villemin v. Brown, 193 App. Div. 777 ; Hofstadter v. Bienstoch, 213 App. … (Weiner v. Leviton, 230 App. Div. 312 .) In that case, Judge Scudder in writing for the court said in part (p. 314): “ The word ‘crook ’ seems to be a colloquialism in this country.

In re the Arbitration between Feldman & Rockaway News Supply Co.

6 Misc. 2d 406 · New York Supreme Court · Dec 10, 1956

After due hearing, the adjustment board, by a majority decision, made the following award: “Part I. … Cohen & Sons, v. Lurie Woolen Co., 232 N. Y. 112, 114 ; see 1 Corbin on Contracts, § 95).

People v. Krank

53 N.Y. Sup. Ct. 632 · New York Supreme Court · Dec 15, 1887

(People v. Brown, 6 Parker’s Crim. R., 666.) The thirteenth section stands as it did at its enactment. … (Dwarris, § 658; Churchill v. Crease, 5 Bing., 180; People v. Brown, 6 Parker’s Crim. R., 666.)

In re the Construction of the Trust for the Benefit of della Roochetta

29 Misc. 2d 520 · New York Supreme Court · Apr 12, 1961

The term “ securities ” as used in Article fourteenth of the will may be construed to include not only secured obligations but also investments in all classes of stock, including common stock (Rosenthal v. Brown, 247 N.

Village of Warwick v. Republic Insurance

104 Misc. 2d 514 · New York Supreme Court · May 23, 1980

This arrangement, while not to be found in any minutes of the village board, is not denied, but the details ofj the agreement must be spelled out from the minimal correspondence in connection therewith which has been offered … been deprived of the opportunity to demonstrate on mitigation of damage the small number of buildings commenced $nd under construction at the time of the default, none of which had yet been occupied (Town of Shawangunk v

Greaves v. American Institute for Scientific Research

114 Misc. 413 · New York Supreme Court · Feb 15, 1921

In Beers v. New York Life Ins. Co., 66 Hun, 75 , and Carney v. New York Life Ins. Co., 162 N. … Usher v. New York C. & H. R. R. R. Co., 76 App. Div. 422 ; affd., 179 N. Y. 544 ; Montwil v. Am. Locomotive Co., 159 N. Y. Supp. 21 .