Case law

Look v. Comstock

15 Wend. 244 · New York Supreme Court · May 15, 1836

Hall v. Tuttle, 8 Wendell, 375 . Gardner v. Adams, 12 Wendell, 297 . … Stutson v. Brown, 7 Cowen, 132. The judgment of the common pleas must be reversed, and that of the justice affirmed.

Pomeroy v. Ainsworth

22 Barb. 118 · New York Supreme Court · Apr 1, 1856

In Hall v. … In Chapman v.

Mandracchia v. Cavanagh

36 Misc. 2d 936 · New York Supreme Court · Jun 16, 1962

(Matter of City of New York v. Schoeck, 294 N. Y. 559, 569 .) … But that does not permit the court to substitute its own judgment (whatever that may be on the facts) for that of the Board of Trustees (see Matter of City of New York v. Schoeck, 294 N. Y. 559, 568-569 , supra).

In re the Arbitration between Block

200 Misc. 473 · New York Supreme Court · May 15, 1951

Act, §§ 646, 766; Brown v. Father Divine, 173 Misc. 1029 , affd. 260 App. Div. 443 , motion for leave to appeal denied, 260 App. Div. 1006 .) … Levine v. Kaufman, 92 Misc. 716 .) A further ground may be advanced for denying petitioner’s application.

Hurwitz v. New York City Commission on Human Rights

142 Misc. 2d 214 · New York Supreme Court · Dec 9, 1988

In addition, petitioner urges that the court entertain such a challenge where it raises only questions of law (citing Matter of Butcher v Board of Educ., 99 Misc 2d 470, 472 ) and where it is desirable to promptly settle … But it has never been considered 'strictly educational or pedagogic’ so as to be a matter within the board’s exclusive jurisdiction” (Matter of Maloff v City Commn. on Human Rights, 38 NY2d 329, 332-333 [emphasis in original

People v. Burnett

28 Misc. 3d 928 · New York Supreme Court · Jun 17, 2010

]; 3 People v Roman, 26 Mise 3d 784 [Sup Ct, Bronx County, Dec. 4, 2009] [plain meaning of statute contemplates eligibility determinations from present date, time of filing motion]; see *932 also People v Walltower, 27 Misc … Consistent with the Court of Appeals’ rationale in People v Mills and People v Then ( 11 NY3d 527 [2008] [Mills/Then]), resentencing opportunities should not be available where a strict statutory reading would be inconsistent

In re the City of New York

40 Misc. 2d 1076 · New York Supreme Court · Oct 1, 1963

The fact is that the Board of Estimate enacted the zoning change without imposing any conditions whatsoever. … the City of New York (Church v.

McDonough v. Tutunjian

136 Misc. 2d 1039 · New York Supreme Court · Sep 23, 1987

, Jaquinto v Board of Elections, 116 NYS2d 102 [use of Civil Rights Party]). … The Court of Appeals in affirming (Matter of McCarthy v Lawley, 27 NY2d 754, 756 ), stated "that there was no statutory authority for a Board of Elections to authorize a candidate to substitute a new name”.

Coleman v. City of New York

35 Misc. 664 · New York Supreme Court · Aug 15, 1901

Hill v. Mayor, 139 N. Y. 495 . Abutting owners may legally object to a diversion of the street use from its implied purpose. Lahr v. Metropolitan El. R. Co., 104 N. Y. 268 ; Story v. N. Y. El. R. R. Co., 90 id. 122. … Knox v. Mayor, 55 Barb. 404 , Daniels, J.

Stawecki v. Fuerst

39 Misc. 2d 830 · New York Supreme Court · Jun 20, 1963

There has apparently been no complaint to the Village Board regarding- this use. … In the case of Incorporated Vil. of Lloyd Harbor v.

Norris v. Town of Wheatland

161 Misc. 2d 407 · New York Supreme Court · May 31, 1994

have a legally cognizable *410 interest that is or will be affected by the * * * determination’ (Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 413 , supra). … (See, Matter of Coca-Cola Bottling Co. v Board of Estimate, 72 NY2d 674, 680 .)

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.

77 E. 12 Owners, Inc. v. Yager

137 Misc. 2d 138 · New York Supreme Court · Oct 8, 1987

Accordingly, in Fillman v Axel ( 63 AD2d 876 [1st Dept 1978]), the court ruled that the board of directors of an apartment corporation had the authority to convert the apartment building’s manually operated elevators. … (Kamin v American Express Co., 86 Misc 2d 809 [Sup Ct, NY County 1976], affd 54 AD2d 654 [1st Dept 1976]; Garrison Apts. v Sabourin, 113 Misc 2d 674 .)

Benedict v. Sliter

31 N.Y.S. 413 · New York Supreme Court · Dec 7, 1894

And in Holmes v. Rankin, 17 Barb. 454 , the referee’s report was made up, the value of board, lodging, etc., “without any interest thereon,” and his ruling in that regard was approved by the court. Holmes v. … See Barton v. Scramling, 31 Hun, 467 ; J ohnson v. Hicks, 1 Lans. 150 .

Local 320 Club, Inc. v. Wackerle

24 Misc. 2d 679 · New York Supreme Court · Oct 13, 1960

As stated above, the Town Board delegated its authority under the statute to its Town Clerk. (§ 498, supra.) … The problem posed in the instant matter is somewhat similar to the one before the Court of Appeals in Matter of Gross v. New York City Alcoholic Beverage Control Bd. (7 N Y 2d 531).

Syracuse Supply Co. v. Railway Express Agency, Inc.

45 Misc. 2d 1000 · New York Supreme Court · Apr 12, 1965

(See Maspeth Branch Realty v. Waldbaum, Inc., 20 A D 2d 896, 899; Evangelical Lutheran Church v. Sahlem, 254 N. Y. 161, 167 ; Mandel v. Oremland, 22 A D 2d 794, 795.) … (See, also, University Cardens Property Owners Assn. v. Schulte, 272 App. Div. 949 ; Pappas v. Excelsior Brewing Co., 170 App. Div. 692 ; Sahm v. Poushter, 187 Misc. 486 ; Heller v. Seltzer, 188 Misc. 574 .)

Barnes v. Barnard

28 N.Y.S. 400 · New York Supreme Court · Apr 13, 1894

Brown. On the 26th of April, 1892, Abbie Maria Ball, one of the nieces, a citizen of Massachusetts, died, leaving a will, by which she devised her interest in the property to Henry H. … Monarque v. Monarque, 80 N. Y. 320 ; Kent v. Church of St. Michael, 136 N. Y. 10 , 32 N. E. 704 .

People v. Nethercott

42 Misc. 3d 798 · New York Supreme Court · Jun 7, 2013

(hereinafter, the Board’s position statement). … risk level (People v Henry, 106 AD3d 796 [2013]; People v Washington, 105 AD3d 724 [2013]; People v Shephard, 101 AD3d 978, 979 [2012]; People v Martin, 90 AD3d 728 [2011]).

Youngs v. Village of Penn Yan

180 Misc. 2d 190 · New York Supreme Court · Mar 22, 1999

This decision was affirmed by the Workers’ Compensation Board Panel. … his favor by the Workers’ Compensation Board which necessarily determined that he had suffered an injury in the line of duty.

Franklin v. Associated Musicians

204 Misc. 521 · New York Supreme Court · Jan 23, 1953

The answer is that they have such right if their grievance is lawful but not if it isn’t (Rochette & Parzini Corp. v. Campo, 301 N. Y. 228 ). … There is no contention that plaintiff consented to the union’s trial board as an arbiter.