Case law

Vick v. City of Rochester

53 N.Y. Sup. Ct. 607 · New York Supreme Court · Dec 15, 1887

Co. v. N. Y. Elevated Ry. Co., 3 Abb. [N. C.], 367, 368, 369 and cases there cited; Amoskeag Mfg Co. v. Garner, 6 Abb. [N. S.], 265, 279 ; Van Ranst v. College, 4 Hun, 620 .) … (Crooke v. Flatbush Water-Works Co., 27 Hun, 72 ; West Troy Water-Works v. Green Island, 32 id., 530; Trustees of Columbia College v. Thacher, 87 N. Y., 312 ; Health Dept. v. Purdon, 99 id., 238.)

Fraser v. City of Buffalo

125 Misc. 83 · New York Supreme Court · May 19, 1925

(People v. Board of Improvement, 43 N. Y. 227, 230 .) … (Bush v. O’Brien, 164 N. Y. 205 .)

Letson v. Dodge

61 Barb. 125 · New York Supreme Court · Nov 13, 1871

(Traver v. Nichols, 7 Wend. 434 . Ball v. Gardner, 21 id. 270. Tibbies v. O’Connor, 28 Barb. 538 . Bennett v. Brown, 20 N. Y. 99 . Bobinson v. Plimpton, 25 id. 484. 2 Waite’s Pr. and Pl. 197, 198.). … (Livingston v. Hammer, 7 Bosw. 670 .) Execution had, in fact, been issued upon the judgment in the Supreme Court,'and returned wholly unsatisfied before this action was commenced.

Gillman v. City of New York

173 Misc. 227 · New York Supreme Court · Dec 20, 1939

(See Lessin v. Board of Education, 247 N. Y. 503, 511 ; Katterschinsky v. Board of Education, 215 App. Div. 695 .) … (Korenman v. Board of Education, 224 App. Div. 845 .) The fact that a similar accident occurred once before, while coincidental, does not serve to convert the risk into a reasonably foreseeable one.

State v. Mercado

50 Misc. 3d 512 · New York Supreme Court · Aug 11, 2015

(See Zito v Zabarsky, 28 AD3d 42 [2d Dept 2006]; People v Kanani, 272 AD2d 186 [1st Dept 2000], Iv denied 95 NY2d 935 [2000].) … It is clear that this diagnosis has been found to be generally accepted in numerous states throughout the United States, as well as in the federal courts (see Brown v Watters, 599 F3d 602, 610 [7th Cir 2010] [rejecting challenge

Doering v. Metropolitan Street Railway Co.

42 Misc. 192 · New York Supreme Court · Dec 15, 1903

The action was by a passenger to recover for personal injuries sustained by a fall from the car which had come to a stop at his signal, and was caused to start *193 while he was in. the act of boarding it. … Kellegher v. Forty-second Street R. R. Co., 171 N. Y. 309 ; is relied upon as an authority which calls for the reversal of the judgment appealed from.

Mann v. Sterling Holding Corp.

14 Misc. 2d 818 · New York Supreme Court · Sep 17, 1958

Brown, J. This is an action to foreclose a purchase-money second mortgage. … The case cited found approval in Nelson v. Loder ( 132 N. Y. 288, 292 ), Cass v. Higenbotam ( 100 N. Y. 248, 253 ), and divers others.

Loebner v. City of New York

19 Misc. 2d 62 · New York Supreme Court · Feb 25, 1957

If the public good is enhanced it is only secondary that private interests may be benefited (Matter of Murray v. La Guardia, 291 N. Y. 320 ). … Until such time as the Board of Estimate takes final action it seems to me that the within action is premature. Motion granted.

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.

Gollob v. Bevans

5 Misc. 2d 958 · New York Supreme Court · Mar 23, 1957

(Village Law, § 179-b; Matter of Giuliano v. Entress, 4 Misc 2d 546 .) … Matter of Blum v. Board of Zoning & Appeals, 1 Misc 2d 668 ).

In re the Arbitration between New York Mailers' Union Number Six & New York Times Co.

32 Misc. 2d 60 · New York Supreme Court · Nov 22, 1961

Only the board, not an arbitrator, has the right and power to decide the dispute. No case decided subsequent to the decision in Labor Bd. v. … In Freight Drivers Union v. Quinn Freight Lines (195 F.

Modern Transfer Co. v. Inland Terminal Workers Union, Local 1730

14 Misc. 2d 687 · New York Supreme Court · Jul 7, 1958

[B], [C]) of the United States Code and under the jurisdiction of the National Labor Belations Board, no violence having been charged. The pre-emption theory found its origin in Garner v. Teamsters Union ( 346 U. … To same effect see Youngdahl v. Rainfair, Inc. ( 355 U. S. 131 ).

People v. Workman

94 Misc. 374 · New York Supreme Court · Mar 15, 1916

Brown, J. … Com. v. Meyers, 146 Penn. St. 24; State v. Angel, 42 Kans. 216 ; Com. v. Burns, 129 Penn. St. 143; State v. Beslin, 112 Pac. Rep. 1053 . The indictment must be dismissed and the defendant discharged from arrest.

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 .

Knight v. Wilcox

18 Barb. 212 · New York Supreme Court · Jun 5, 1854

In Olmsted v. … Brown, ( 12 Barb. 657 ,) which was a case similar to the last, Mullett, J., after stating that there may be intentions and occasions which will justify the repetition of slanderous words, says, “Where they do occur, the repetition

Lindley v. Robillard

208 Misc. 532 · New York Supreme Court · Jul 25, 1955

(Lederer v. Wise Shoe Co., 276 N. Y. 459 ; Schoenfeld v. Modern Silver Linen Supply Co., 279 App. Div. 49 .) … (Pribyl v. Van Loan & Co., 261 App.

People ex rel. Marvin v. City of Brooklyn

23 Barb. 166 · New York Supreme Court · Oct 14, 1856

(Le Roy v. The Mayor &c. of New York, 20 John. 430 .) … Brown, S. B. Strong and Emott, Justices.]

Wallace & Sons v. Walse

5 N.Y.S. 351 · New York Supreme Court · May 10, 1889

Arms Co. v. Barlow, 63 N. Y. 63 . As was said in Bruce v. Platt, 80 N. … Garrison v. Howe, 17 N. Y. 458 ; Miller v. White, 50 N. Y. 137 ; Arms Co. v. Barlow, 63 N. Y. 62 . ” The same principle was recognized in Blake v. Griswold, 104 N. Y. 617 , 11 N. E.

People ex rel. Simon v. Mayor of New York

20 Misc. 189 · New York Supreme Court · Apr 15, 1897

Hoey v. Gilroy, 129 N. Y. 132 ; People v. R. R. Co., 117 id. 150, 155 ; Jorgensen v. Squires, 144 id. 280 ; Wormser v. Brown, 149 id. 163, 171 . … People v.

People v. Stephenson

36 N.Y.S. 595 · New York Supreme Court · Dec 30, 1895

Brandon v. People, 42 N. Y. 265 ; Connors v. People, 50 N. Y. 240 ; Stover v. People, 56 N. Y. 315 ; People v. Casey, 72 N. Y. 394 . … The rule, and the reason for it, found expression in People v. Brown, 72 N.