Case law

Commonwealth v. Trego

33 Pa. D. & C.3d 352 · Pennsylvania Court of Common Pleas, Cumberland County · Oct 12, 1984

Officer Brown’s fall came about as a result of his attempt to hold onto appellant’s throat and not through any agressive act on the appellant’s part.” In Commonwealth v. Eberhardt, 304 Pa. … The court also cites Commonwealth v. Meo, 233 Pa.

Bowen v. Newell

5 Sandf. 326 · The Superior Court of New York City · Dec 27, 1851

It will be seen that such is precisely the case of the check in question, and we entirely concur in the ruling in the case of Brown. (See also Harris v. Clark, 3 Comstock, p. 114,115.) … (Bank of Washington v. Triplett, 1 Peters, 80 ; Mills v. U. S. Bank, 11 Wheaton, 431 .)

Residential Estates, Inc. v. Ziemba

68 Misc. 2d 996 · New York Supreme Court · Jul 13, 1971

This is an article 78 proceeding to annul a determination of respondent Planning Board made on June 7,1971, denying final approval of a subdivision application. … The issue is simply whether the Planning Board may deny the subdivision approval on the above-stated grounds. This court finds that it may not.

Dorfman v. Meisser

56 Misc. 2d 890 · New York Supreme Court · Jun 3, 1968

Hellman v. Hellman

19 Misc. 3d 695 · New York Supreme Court · Mar 12, 2008

Kings Co. 1949); American Express Co. v. Lopez, 72 Misc.2d 648 , 340 N.Y.S.2d 82, 83 (Civil Ct. N.Y.C. 1973) (chairman of the board). But see Best-Site Associates, Inc. v. … ”]; Marx v Akers, 88 NY2d 189 [1996]; Matter of Levandusky v One Fifth Ave.

Holtzman v. Power

64 Misc. 2d 221 · New York Supreme Court · May 20, 1970

The petitioner requests the court to declare void a recently enacted amendment to subdivision 7 of section 242-a of the Election Law, and to enjoin the Board of Elections of the City of New York from implementing it. … S. 2d 575, 577; see Matter of Bailey v. Power, 26 Misc 2d 635, 637 ; Matter of Schwimmer v. Power , 21 A D 2d 835; Matter of Swan v. Cohen, 179 Misc. 69 ). They have not been served with process herein.

O'Hara v. Monaghan

8 Misc. 2d 906 · New York Supreme Court · Jan 5, 1954

No room for the exercise of discretion whether or not to retire the member is left open to the board of trustees ” (Matter of City of New York v. Schoeck, 294 N. Y. 559, 566 ). … It is, at most, advisory (Matter of City of New York v. Schoeck, supra).

In re the Arbitration between Allcity Insurance & Di Noto

80 Misc. 2d 1022 · New York Supreme Court · Jan 28, 1975

The decision in Brown v MVAIC ( 33 AD2d 804 ) granted a permanent stay for breach of that condition. … v MVAIC, 48 Misc 2d 170 ).

Moll v. City of Lockport

118 Misc. 573 · New York Supreme Court · May 15, 1922

As to the general authority of said board and the propriety, reasonableness and constitutionality of said resolution I believe myself bound by the unreported opinion of Justice Morschauser in People ex rel. Ogden v. … Henry v. Nostrand, 46 N. Y. 375 ; Vermilyea v. Palmer, 52 id. 471 ; People ex rel. Howlett v. Mayor, 63 id. 291, and the opinion in Lake Shore & M. S. Ry. Co. v. Mahle, 72 Misc. Rep. 129 ; revd., 158 App. Div. 889 .

Friends of Mere Point v. Maine Board of Environmental Protection

Superior Court of Maine · Mar 21, 2006

See Kroeger v. Maine Department of Environmental Protection, 2005 ME 50, 9 16, 870 A.2d 566, 571, Isis Development, LLC v. Town of Wells, 2003 ME 149, ¶ 3, fn. 4, 836 A.2d 1285, 1286, fn.4. … The Board of Environmental Protection's August 11, 2005 order is affirmed.

Lazarus v. City of New York

151 Misc. 818 · New York Supreme Court · Jun 9, 1934

That decision leans upon the celebrated authority of Marbury v. … Childs v.

Roll v. Bacon

160 Ohio Misc. 2d 23 · Clermont County Court of Common Pleas · Aug 2, 2010

Brown’s Deed from the corner of Bess and Brown along the line of Smith and Brown to the Williamsburg Road.” … Evanich v. Bridge, 119 Ohio St.3d 260 , 2008-Ohio-3820 , 893 N.E.2d 481, ¶ 7 , citing Grace v. Koch (1998), 81 Ohio St.3d 577, 579-581 , 692 N.E.2d 1009 . See also Vaughn v. Johnston, Brown App. No.

Konopka v. Pittsburgh Coke & Chemical Co.

5 Pa. D. & C.2d 472 · Pennsylvania Court of Common Pleas, Alleghany County · Jun 29, 1955

In Brown v. Huber, 35 Del. Co. 485 , the opinion was written by Ervin, P. J., now one of the judges of the Superior Court. … Brown and that the joinder as to the claim of Mr. Brown has been accomplished within the time prescribed. He argues, -however, that the joinder as to the claim of Mrs.

Berlin Iron Bridge Co. v. Wagner

10 N.Y.S. 840 · New York Supreme Court · Jul 7, 1890

Mather v. Crawford, 36 Barb. 564 ; Huggans v. Riley, 4 N. Y. Supp. 282 ; People v. Meach, 14 Abb. Pr. (N. S.) 429. … Gubna, 10 Hun, 11 , was held under Authority conferred by the board of supervisors. The case of Barker v. Town of Oswegatchie, ante, 834, (decided by the special term,) arose under the facts in this case.

Unitarian Universalist Church v. Shorten

64 Misc. 2d 851 · New York Supreme Court · Nov 9, 1970

Those decretal paragraphs were necessary to the conclusion reached and are binding not only upon the bureau but also upon the board and *855 adjoining owners represented "by the board (see Fishgold v. … Nesbit, 203 F. 2d 463 ; Wolpe v. Poretsky, supra; Allison v. People, 132 Col. 156 ; see Cuthill v. Ortman-Miller Mach. Co., 216 F. 2d 336 ; Blocker v. Board of Educ. of Manhasset, 229 F.

Bettman v. Michaelis

27 Misc. 2d 1010 · New York Supreme Court · Feb 17, 1961

The statute permitting aggrieved persons to appeal is to be liberally construed (Blum berg v. Hill, 119 N. Y. S. 2d 855; Matter of Horan v. Board of Appeals, 6 Misc 2d 571 ). … Y. 189 ; see People v. Teuscher, 248 N. Y. 454, 464 ; Matter of Van Auken v. Kimmey, 141 Misc. 105, 113 ).

Tobin v. Waters

6 Misc. 2d 159 · New York Supreme Court · May 3, 1957

The use of the word “ board ” in addition to the words ‘ ‘ board of appeals ’ ’ emphasizes this fact. … In Matter of Firestone v. Town Board of the Town of Oyster Bay (134 N. Y.

Rosner v. Civil Service Commission of New York

66 Misc. 2d 851 · New York Supreme Court · Apr 28, 1971

Section 6 of article V of the New York State Constitution provides that civil service appointments shall be made according to merit and fitness and subdivisions 1 and 2 of section 50 of the Civil Service Law, so far as they … As recently as February 17, 1971 the Court of Appeals in Fagelman v.

Wingo v. Harris

38 Va. Cir. 346 · Richmond County Circuit Court · Feb 1, 1996

The first line of cases is Glass v. Pender Grocery Co., 174 Va. 196 , 5 S.E.2d 478 (1939), in which a $3,000 verdict in a case involving $2,000 in specials was deemed inadequate; Rome v. … The other line of cases consists of Brown v. Huddleston, 213 Va. 146 , 191 S.E.2d 234 (1972), where a $1,500 verdict on specials of $6,420 was allowed to stand; May v.

John E. Creedon Police Benevolent Ass'n v. City of Utica

76 Misc. 2d 728 · New York Supreme Court · Dec 31, 1973

(Pryor v. City of Rochester, 166 N. Y. 548 .) The ruling in the Pryor case was followed in Matter of Batemen v. Mayor of City of Mt. Vernon ( 247 N. … (Matter of Emerson v. Buck, 230 N. Y. 380 .)