Case law

McCarter v. New Rochelle Homestead Co.

139 Misc. 672 · New York Supreme Court · Mar 19, 1931

The case of Tuscarora Club v. Brown ( 215 N. Y. 543 ) holds to the same effect. In 1883 lands and premises were owned by William H. Brown. In that year he conveyed the same to Sarah A. … (Bridger v. Pierson, 45 N. Y. 601 ; Craig v. Wells, 11 N. Y. 315 ; Beardslee v. New Berlin L. & P.

Albrecht v. Queens County

32 N.Y.S. 473 · New York Supreme Court · Feb 11, 1895

Lane v. Town of Hancock, 142 N. Y. 510 , 37 N. E. 473 . The theory on which cities and villages were first held liable for defects in highways is stated in Conrad v. Trustees of Ithaca, 16 N. Y. 158 , and Weet v. … Osterhoudt v. Rigney, 98 N. Y. 222 ; Supervisors v. Briggs, 2 Denio, 26 ; People v. Supervisors of Delaware Co., 45 N. Y. 196 ; People v. Barnes, 114 N. Y. 317 , 20 N. E. 609 , and 21 N. E. 739 .

Sherwood Realty Corp. v. Feriola

193 Misc. 194 · New York Supreme Court · Sep 1, 1948

Board of Standards & Appeals, 255 N. Y. 126 ; Matter of Thomas v. Board of Standards & Appeals, 290 N. … (Matter of Otto v. Steinhilber, 282 N. Y. 71, 76 .)

Conrad v. Hinman

122 Misc. 2d 531 · New York Supreme Court · Jan 17, 1984

(Webster Assoc. v Town of Webster, 59 NY2d 220, 227 , citing Matter of Tuxedo Conservation & Taxpayers Assn. v Town Bd., supra; see, also, e.g., Matter of Concerned Citizens Against Crossgates v Town of Guilderland Zoning … (Smith v Skagit County, 75 Wn 2d 715, 739.) For all the above reasons, the court grants the petitioners’ application and hereby annuls the October 3, 1983, action of the town board.

Ward La France Truck Corp. v. City of New York

7 Misc. 2d 739 · New York Supreme Court · Mar 4, 1957

The Board of Responsibility is properly constituted by section 343 of the charter and section 5 of the Board of Estimate Resolution, and its authority has been judicially recognized (Epstein Co. v. … Furthermore, as far as the record discloses, the witnesses were not sworn, an omission of a specific element of a fair trial prescribed in Matter of Hecht v. Monaghan (supra).

Browning v. Bryant

178 Misc. 576 · New York Supreme Court · Feb 2, 1942

Cayuga Indians v. Board of *577 Comrs. of Land Office, 99 N. Y. 648 ; Matter of Nash v. Brooks, 276 id. 75.) … Here the petitioners were not entitled to a notice of hearing and no interest of theirs could be the subject of adjudication by the board. (People ex rel. Steward v. Railroad Comrs., 160 N. Y. 202 .)

Alpha Phi Alpha Senior Citizens' Ctr., Inc. v. Zeta Zeta Lambda Co., Inc.

New York Supreme Court · Sep 21, 2016

V. … Next, in Keogh v.

Canales v. Hammock

105 Misc. 2d 71 · New York Supreme Court · Aug 28, 1980

to dismiss opp den 40 NY2d 901 ; Matter of Watkins v Caldwell, 54 AD2d 42 ). … (Matter of Cummings v Regan, 45 AD 2d 222 , revd on grounds of mootness 36 NY2d 969 ; Matter of Watkins v Caldwell, supra, p 45.)

Eriksen v. City of New York

167 Misc. 42 · New York Supreme Court · Dec 9, 1937

The Court of Appeals in Gunnison v. Board of Education ( 176 N. … The city as trustee has title to the money, but it is under the care, control and administration of the board of education.” And, likewise, in Matter of Brennan v. Board of Education ( 245 N.

McFarland v. Wheeler

26 Wend. 467 · New York Supreme Court · Jul 1, 1841

Gladstone v. Burlay, 2 Mer. R. 404. … Finally, our supreme court, in Schmidt v.

Lahm v. Bloomberg

4 Misc. 3d 530 · New York Supreme Court · Apr 6, 2004

v Board of Trustees of N.Y. … The petitioner bears the burden of establishing the causal relationship between the disabling condition and the service-related accident (Matter of Archul v Board of Trustees, 93 AD2d 716, 717 [1983]; Matter of Drayson v

Tompkins County Trust Co. v. Talandis

176 Misc. 2d 632 · New York Supreme Court · Apr 14, 1998

Most importantly, the presence must be inconsistent with the title of the apparent owner (Phelan v Brady, 119 NY 587 ; Holland v Brown, 140 NY 344 ). … (Holland v Brown, supra, at 347-348.)

Point Lookout Civic Ass'n v. Town of Hempstead

22 Misc. 2d 757 · New York Supreme Court · Mar 28, 1960

Y. 115, 120 , supra; Linn v. Town of Hempstead, 10 Misc 2d 774, 782 , supra). Here the plaintiffs chose to use as their only evidence the testimony of members of the Town Board. … Ct., Nassau County], affd. 7 A D 2d 757; Matter of Property Owners Assn. v. Board of Zoning Appeals, 2 Misc 2d 309 [Sup. Ct., Nassau County]).

Fauci v. Lee

38 Misc. 2d 564 · New York Supreme Court · Jan 31, 1963

(Matter of Sylvester v. Mescall, 277 App. Div. 961 ; Schlobohm v. Municipal Housing Auth., 270 App. Div. 1022 , affd. 297 N. Y. 911 .) The circumstances required are well stated in Matter of Smith v. Dillon ( 267 App. … Y. 305 ; Foot v. Stiles, 57 id. 401 ; Weeks v. Ellis, 2 Barb. 320 .)

Smith v. Read

6 Daly 33 · New York Court of Common Pleas · Apr 5, 1875

But, in this State, a boarding-house keeper now has, by statute, all the rights and remedies, in respect of the baggage and effects of his guest, that an innkeeper possesses (L. 1860, c. 446 ; Jones v. … In Ingalsbee v. Wood (supra), Hr.

Burke v. Giant Eagle, Inc.

2017 Ohio 4305 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Jun 15, 2017

Id. at 436 , 92 N.E.2d 386 , citing Johnson v. … Foradis v. Marc Glassman, Inc. , 8th Dist.

Commonwealth v. Wright

69 Pa. D. & C. 418 · Montgomery County Court of Oyer and Terminer · Nov 21, 1949

Under the decision in Commonwealth v. … So, we see that the case of Commonwealth v. Brown, 346 Pa. 192 (1943), is not in point. We are not alone in our conclusion in this respect. In Commonwealth v.

Weinberg v. Town of Clarkstown

78 Misc. 2d 464 · New York Supreme Court · Jun 5, 1973

The court has read Berkey v. Downing ( 68 Misc 2d 595 , affd. 39 A D 2d 1008), Brechner v. Incorporated Vil. of Lake Success ( 25 Misc 2d 920 ) and Marcus v. Village of Mamaroneck ( 283 N. … An administrative board may not delegate its quasi-judicial and discretionary function to subordinates (Matter of Kilgus v. Board of Estimate of City of N. Y., 308 N. Y. 620 ; 1 N. Y.

Bujno v. Commonwealth

86 Va. Cir. 32 · Chesapeake County Circuit Court · Nov 2, 2012

Brown On May 25,2007, the Department of Motor Vehicles (“DMV”) issued Petitioner, a former Marine, “ICUHAJI” vanity tags for his personal car. … It explained that, since § 22.1-214(D) provides that a party may appeal a Board of Education decision outside of the VAPA, § 2.2-4025(v) exempted the appeal from the VAPA. Id. at 1064, 552.

People ex rel. Cordero v. Thomas

69 Misc. 2d 28 · New York Supreme Court · Feb 9, 1972

v. … Silbert v.