Case law

Wiley v. Bricker

11 Ohio Cir. Dec. 429 · Ohio Circuit Courts · Sep 15, 1900

Board of Ed. v. … Partington, 3 Brown Ch., 401. In Ringrose v.

Reynolds v. Schweinefus

1 Cin. Sup. Ct. Rep. 215 · Ohio Superior Court, Cincinnati · Apr 15, 1871

Striker v. Kelly, 7 Hill, 24 . In The People v. Carpenter, 24 N. … The court cite, as illustrating the various applications of the doctrine, Williams v. East India Co., 3 E. 192; Kelly v. Connell, 3 Dana, 532 ; Wheelock v. Hall, 3 N. H. 310; Brown v. Connelly, 5 Blackf. 390 ; Hart v.

Grella v. Hevesi

10 Misc. 3d 519 · New York Supreme Court · Sep 22, 2005

Board of Regents of Univ. of State of N.Y., 53 NY2d 186, 194 [1981]; Flacke v Onondaga Landfill Sys., 69 NY2d 355, 363 [1987]; Akpan v Koch, 75 NY2d 561, 571 [1990]). … While the language of this exception is quite broad, it must be considered in the context of the general proscription of ‘double dipping’ (see, Brown v New York State Teachers’ Retirement Sys., 107 AD2d 103, 107 ).”

Meola v. Yard Service Co.

39 Misc. 2d 89 · New York Supreme Court · Apr 8, 1963

I am, of course, aware that it is the jury’s peculiar function to fix compensatory damages and that it should not be interfered with by the trial court when the evidence sustains the finding (Brown v. … I therefore have no alternative but to extend relief similarly allowed in a somewhat analogous case wherein a verdict of $10,000 was reduced to $5,000 (Ruppert v. Board of Educ., 265 App. Div. 1018 , affd. 290 N.

Capy v. Metropolitan Dade County

6 Fla. Supp. 2d 73 · Circuit Court for the Judicial Circuits of Florida · Dec 19, 1983

We conclude the Board of County Commissioners had before it competent substantial evidence to support the denial of the variance. This Court will not substitute its judgment for that of the zoning authority. Nance v. … Town of Indialantic, 419 So.2d 1041 (Fla. 1982); DeGroot v. Sheffield, 95 So.2d 912 (Fla. 1957).

Serrano v. Flight Motel, Inc.

95 Misc. 2d 669 · New York Supreme Court · Jun 21, 1978

OPINION OF THE COURT Leo Brown, J. This is a motion by plaintiff to dismiss defenses of Statute of Limitations and res judicata or collateral estoppel. … (See Board of Educ. v Farmingdale Classroom Teachers Assn., 38 NY2d 397, 405-406 ; Coopers & Lybrand v Levitt, 52 Ad2d 493, 498.)

Peck v. New York & Liverpool United States Mail Steamship Co.

5 Bosw. 226 · The Superior Court of New York City · Jul 28, 1859

Similar language is used in Coster v. Murray, (5 Johns. Ch. R., 522,) Spring v. Gray, (6 Pet. U. S. R., 151,) and Kimball v. Brown. ( 7 Wend., 322 .) … Tindal, Cottam v. Partridge, ut supra; see also Palmer v. The City of New York, 2 Sandf. S. C. R., 318; Hallock v. Lozee, 1 id., 220; Coster v. Murray, 20 Johns. R., 602; Kimball v. Brown, 7 Wend., 322 .)

People v. Boyer

116 Misc. 2d 931 · New York County Courts · Dec 23, 1981

Robert Brown was charged with failure to support, at the rate of $22.50 per week, his child, Ivy Brown, from January 1, 1978 through May 31, 1979. … The court’s discretion is not absolute (People v Wingard, 33 NY2d 192, 196 ), and should be undertaken sparingly. (See People v Fagg, 86 Misc 2d 1046 , 1048.)

Webster Associates v. Town of Webster

112 Misc. 2d 396 · New York Supreme Court · Feb 18, 1981

. v County of Erie, 62 AD2d 1176, 1177 ; Sloane v Weber, 52 AD2d 1055). … Assn, v Burns, 372 F Supp 223 , affd 517 F2d lOll; Appalachian Mountain Club v Brinegar, 394 F Supp 105 ).

Lasseter v. Dade County

19 Fla. Supp. 191 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Jun 18, 1962

Railroad Comsrs. v. Southern T. & Const. Co., Fla. 1913, 61 So. 119 ; Tau Alpha Holding Corp v. Board of Adjustments, Fla. 1937, 171 So. 819 ; and Bowden v. Carter, Fla. 1953, 65 So.2d 871 . … , and cites City of Hollywood v.

Brandt v. Godwin

3 N.Y.S. 807 · City of New York Municipal Court · Feb 6, 1889

Browne, J. … The board of directors of the company are inferentially the board referred to in the notice of discharge.

In re Freund

53 Misc. 354 · New York Supreme Court · Mar 15, 1907

Brown, who acted as secretary of said caucus and who cast the only ballot claimed to have been voted thereat, having voted at a previous caucus, viz.: the Democratic caucus held on the 19 th day of February, 1907, was estopped … our regular elections should be, and the act of the majority is the act of the committee, and where there are no rules governing the actions of the primary, it must be held to the same rules that at common law govern any board

Passarelli v. Board of Mgrs. of Bridge Tower Place

2024 NY Slip Op 33606(U) · New York Supreme Court, New York County · Oct 11, 2024

Passarelli v Board of Mgrs. of Bridge Tower Place 2024 NY Slip Op 33606(U) October 11, 2024 Supreme Court, New York County Docket Number: Index No. 151651/2021 … See, DeCongelio v. Metro Fund, LLC, 183 A.D.3d 449 (1st Dep't 2020).

Romulus Central School Faculty Ass'n v. Romulus Central School District Board of Education

77 Misc. 2d 1073 · New York Supreme Court · May 1, 1974

(Board of Educ. Union Free School Dist. No. 3, Town of Huntington v. … Y. v. Board of Higher Educ. of City of N. Y. (38 A D 2d 478, affd. 31 N Y 2d 926).

People ex rel. Hartford Life & Annuity Ins. v. Fairman

12 Abb. N. Cas. 252 · New York Supreme Court · Feb 15, 1882

Francis v. Common Council of Troy, 78 N. Y. 33 ; People ex rel. Vickerman v. Contracting Board, 46 Barb. 254 ; People ex rel. Belden v. Contracting Board, 27 N. Y. 384 ; Entick v. Carrington, 19 How. St. … Pr. 142 ; Brown v. Foster, *267 113 Mass. 136 ; McCarren v. McNulty, 7 Gray (73 Mass.) 139 ; Hart v. Hart, 22 Barb. 606 ; Tyler v. Ames, 6 Lans. 280 ; Spring v. Ansonia Clock Co., 24 Hun, 175 . Rapallo, J.

People v. Taylor

114 Misc. 2d 680 · New York Supreme Court · Jun 30, 1982

Nevertheless, the parties agreed that the former school building was not then being used as such; that it had been closed for almost two years; that windows were broken or were boarded up; that a gymnasium floor was warped … 50 AD2d 750 ); bus terminal (People v Velazquez, 77 Misc 2d 749, 759); department store (Matter of Florette D., 58 Misc 2d 1093, 1097 , revd on other grounds 33 AD2d 1028 ); insurance broker’s office (People v Brown, 25 NY2d

Physician Accounts Department, Albert B. Chandler Medical Center v. Board of Vocational Education, Division of Vocational Rehabilitation

10 Ct. Cl. 68 · West Virginia Court of Claims · Jan 24, 1974

Pennington v. Lombardi-Martelli

42 Pa. D. & C.4th 425 · Pennsylvania Court of Common Pleas, Bucks County · Aug 3, 1999

See Valeo v. Pocono International Raceway Inc., 347 Pa. Super. 230 , 500 A.2d 492 (1985). Plaintiff was free to board her horse elsewhere and take lessons elsewhere. In Seaton v. East Windsor Speedway Inc., 400 Pa. … See Brown v. Racquetball Centers Inc., 369 Pa. Super. 13, 15-16 , 534 A.2d 842, 843 (1987).

Girard Estate

4 Pa. D. & C.2d 671 · Pennsylvania Orphans' Court, Philadelphia County · Jul 29, 1955

In Brown et al. v. Board of Education et al., 347 U. S. 483 , and Bolling et al. v. Sharpe et al., 347 U. … Brown et al. v. Board of Education et al., 347 U.

Jackson ex dem. Neilson v. M'Vey

18 Johns. 330 · New York Supreme Court · Oct 15, 1820

(Brandt v. Klein, 17 Johns. Rep. 335.) That case decides, also, that the confession of Brown, one of the lessors, was evidence against all the lessors, as he could not be called on to testify. … The mortgage from Duncan Dove to Duncan Brown, given in the year 1753, was proved by the admissions of, S. W. Brown, one of the lessors, to cover the premises.