Case law

Sorbonne Apartments Co. v. Board of Health

88 Misc. 2d 970 · New York Supreme Court · Oct 20, 1976

As to the primary objection referred to, the court finds that the board of health was acting within its jurisdiction in enacting this regulation. … The board of health conducted an extensive publicity campaign prior to the enactment of the regulation in addition to the public hearing.

Brown v. Supreme Court of the Independent Order of Foresters

34 Misc. 556 · New York Supreme Court · Apr 15, 1901

The Court of Appeals, in Rohrbach v. Germania Fire Ins. Co., 62 N. Y. 47 , and in Alexander v. … See Murphy v. Sons of Jacob, 77 Miss. 830 ; Supreme Tribe of Ben Hur v. Hall, 24 Ind. App. 316 ; Knights of Pythias v. Withers, 59 U. S. App. 177; 177 U. S. 260 . Mr.

Meyer v. Warminster Township Zoning Hearing Board

51 Pa. D. & C.2d 139 · Pennsylvania Court of Common Pleas, Bucks County · Jan 28, 1971

Zoning Board of Adjustment, 384 Pa. 288, 290 (1956); Dalgewicz v. Falls Township Zoning Board of Adjustment, 16 Bucks 110, 39 D. & C. 2d 684 (1966). … Compare Burke v. O’Connor, 53 Misc. 2d *146 669 , 279 N. Y. S. 2d 633 (1967); Ederer v. Board of Zoning Appeals, 18 Ohio Misc. 143 , 248 N. E. 2d 234 (1969); American Fast Foods, Inc. Appeal, 50 D. & C. 2d 192 (1970).

Smith v. M. Brown Realty Corp.

134 Misc. 516 · City of New York Municipal Court · Jun 29, 1929

(Tubesing v. City of Buffalo, 51 App. Div. 14 ; Dubois v. City of Kingston, 102 N. Y. 219 .) … (Terry v. Village of Perry, 199 N. Y. 79 ; Butler v. Village of Oxford, 186 id. 444.) There can be no different rule, as to what constitutes negligence, when a landlord happens to be a defendant.

People ex rel. Duffus v. Brown

53 N.Y. Sup. Ct. 320 · New York Supreme Court · Nov 15, 1887

J.: In the Matter of Swenarton v. … Hackley v. Kelly, 24 N. Y., 74 ; Matter of Morris, 45 Hun, 171 .) We think, the order contained a compliance with the provisions of the statute referred to above. (Fischer v. Langbein, 103 N. Y., 85 .)

People ex rel. Savage v. Board of Health

12 Abb. Pr. 88 · New York Supreme Court · Feb 15, 1861

with the board of health, to take measures for the removal of nuisances detrimental to the public health. … It is very clear that the defendant, if the resolution was beyond the jurisdiction of the board, has a good defence to any action which that board may cause to be brought against him for disobedience of their orders.

Russo v. New York State Board of Parole

98 Misc. 2d 251 · New York Supreme Court · Feb 16, 1979

No rationale similar to that relied on in People v Burke ( 39 NY2d 729 ) can be used to salvage respondent’s omission in this case. … People v Ford, 57 AD2d 718 ). This restriction should apply regardless of what entity, court or Parole Board, sets the minimum sentence.

Miller v. Greene County School Board

77 Va. Cir. 148 · Greene County Circuit Court · Sep 30, 2008

In support of its ruling, the court relies on the rationale of Norris v. Mitchell, 255 Va. 235 , 495 S.E.2d 809 (1998), and The Berean Law Group v. Cox, 259 Va. 622 , 528 S.E.2d 108 (2000). … Min Kyu Sue v. Sung Hoon Park, 70 Va. Cir. 113 , 2005 Va. Cir. LEXIS, 301 (Fairfax County, 2005).

People ex rel. Dickinson v. Board of Supervisors

43 Barb. 232 · New York Supreme Court · Dec 23, 1864

Such are the cases of Lawton v. Com’rs of Highways, ( 2 Caines, 182 ,) and LeRoy v. The Mayor of New York, (20 John, 436, and 16 id. 49, 50.) … It is not a writ of right, and should not be granted to boards of supervisors to remove proceedings in assessing the general town and county taxes. (The People v. The Supervisors of Alleghany, 15 Wend. 198 . The same v.

Brown v. Rome, Watertown & Ogdensburgh Railroad

52 N.Y. Sup. Ct. 439 · New York Supreme Court · Jul 15, 1887

Tbis point was marked and inferentially decided in Hewitt v. Prince ( 21 Wend., 79 ), a case considered under tbe provision of tbe Revised Statutes, as was also Edington v. Etna Life Insurance Company ( 77 N. Y., 564 ). … (Pierson v. The People, 79 N. Y., 424, 432, 433, 434 .) There is .nothing to the contary in Grattan v. Mutual Life Insurance Company (80 N. Y , 281), and in Renihan v.

Seekford v. Zoning Appeals Board

49 Va. Cir. 112 · Shenandoah County Circuit Court · May 27, 1999

Knowlton v. Browning-Ferris, 220 Va. 571 at 576 (1979). … I affirm the decision of the Board of Zoning Appeals.

People ex. rel. Baldwin v. Board of Supervisors

26 Barb. 118 · New York Supreme Court · Dec 7, 1857

“marshal shall receive for his services rendered under and by virtue of the act hereby amended, the sum of two dollars and no more, for each day he is actually and necessarily employed, to be audited and allowed by the board … Keither of the above acts provides any mode by which the boards of supervisors shall determine the number of days any marshal has been actually and necessarily employed in performing the services, under the act.

Brown ex rel. Purdy v. Knapp

24 N.Y. Sup. Ct. 160 · New York Supreme Court · Feb 15, 1879

In the case of McNamara v. Dwyer ( 7 Paige, 239 ) it was held that the Court of Chancery has jurisdiction to compel a foreign executor to account for the trust funds in his hands in this State. In Despard v. … (Acherley v. Vernon, 1 P. Wms. Rep., 783; Harvey v. Harvey, 2 id., 21; Hill v. Hill, 3 Ves. & B., 183; Heath v. Perry, 3 Atk., 102.) The infant plaintiff in this case has no property with which to support himself.

Tullidge v. Board of Supervisors

15 Va. Cir. 134 · Augusta County Circuit Court · Aug 12, 1988

Hopewell, 193 Va. 493 , 69 S.E.2d 326 (1952), and Board of Supervisors v. Bacon, 215 Va. 722 , 214 S.E.2d 137 (1975). … After reviewing a number of Federal decisions, the case of Cabell v.

Chalker v. Howland Township Board of Trustees

74 Ohio Misc. 2d 5 · Trumbull County Court of Common Pleas · May 26, 1995

Chalker claims that simply boarding up the buildings would have secured them sufficiently. … Unlike the plaintiff in Bram v.

People ex rel. Burrows v. Board of Supervisors

27 Barb. 575 · New York Supreme Court · Jul 14, 1857

In The People v. … Co. v. The City of New York, ( 5 Sandf. 10 ; 4 Seld. 241, S.

Durand v. Board of Cooperative Educational Services

70 Misc. 2d 429 · New York Supreme Court · Jun 9, 1972

Central School Disk No. 1, 56 Misc 2d 26 ), and *433 .this rule has been extended to Boards of Cooperative Educational Services (Matter of Board of Co-op. Educ. Servs., Nassau County v. … Filippo, 64 Misc 2d 533, 554 ) that such use has or actually will result in a nuisance (Board of Educ. of Cent. School Dist. No. 3 v.

Lathrop v. American Board of Foreign Missions

67 Barb. 590 · New York Supreme Court · Jun 15, 1876

In October or November, 1866, Barden said to a person with whom he was then boarding, that he was in fear all the time, that the masons were going to murder him; he said that they had robbed him once, and that he was afraid … It is such a case as is described by Judge Deeto, in the Seamen's Friend Society v. Hopper, ( 33 N.

Hockett v. Board of Supervisors

16 Va. Cir. 541 · Arlington County Circuit Court · Feb 18, 1986

See Burk v. Porter, 222 Va. 795 (1981). (2) The Board of Supervisors of Arlington County is entitled to sovereign immunity. Mann v. County Board, 199 Va. 169 (1957). … Armstrong v.

Bana Electric Corp. v. Board of Education

22 Misc. 2d 956 · New York Supreme Court · Dec 21, 1959

(Matter of Kaelber v. Sahm, 281 App. Div. 980 , affd. without opinion 305 1ST. Y. 858.) … Yet in the absence of fraud or bad faith, the decision of the municipality concerning inclusion or exclusion of the alternate may not be upset (Matter of Cestone v. Evans, 281 App. Div. 359 ).