Case law

Franchise Realty Interstate Corp. v. Rab

72 Misc. 2d 1061 · New York Supreme Court · Jan 29, 1973

(See Matter of Vitolo v. Chave, 63 Misc 2d 971 .) … (Matter of Village of Bronxville v. Francis, 1 A D 2d 236, affd. 1 N Y 2d 839; see Matter of Otto v. Steinhilber, 282 N. Y. 71, 75 ; Matter of Fulling v. Palumbo, 21 N Y 2d 30.)

People ex rel. Berry v. McGrath

61 Misc. 2d 113 · New York Supreme Court · Sep 16, 1969

Brown v. Johnston, 9 N Y 2d 482; People ex rel. Keitt v. McMann, 18 N Y 2d 257). … Brown v. Johnston, supra, p. 485.)

Akerstrom v. 635 W. Lakeside, Ltd.

2018 Ohio 98 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Jan 11, 2018

owners" since they began serving as board members in 2010. … See, e.g., MADFAN, Inc. v. Makris , 8th Dist. Cuyahoga No. 103655, 86 N.E.3d 707 , 2017-Ohio-979 , ¶ 8, citing Johnson v. Univ. Hosps. of Cleveland , 44 Ohio St.3d 49 , 58, 540 N.E.2d 1370 (1989), and Carey v.

Kane-Cadillac Co. v. City of Buffalo

128 Misc. 835 · New York Supreme Court · Feb 28, 1927

(Education Law, art. 33-A, §§ 875, 876; Matter of Fuhrmann v. Graves, 235 N. Y. 77 ; Matter of Fleischmann v. Graves , Id. 84, 95 .) … The council must disburse the various items of that total amount according to instructions from the board of education. (Matter of Fuhrmann v. Graves, 235 N. Y. 82 ; Matter of Fleischmann v. Graves , Id. 95 .)

Town of Stony Point v. McDonnell

70 Misc. 2d 490 · New York Supreme Court · Jun 26, 1972

Under these circumstances, the court finds that plaintiff has met the test handed down by the Appellate Division, Second Department, in Albini v. … McDonough, 9 A D 2d 113; Barricini, Inc. v. Barricini Shoes, 1 A D 2d 905; Gilbert v. Burnside, 6 AD 2d 834 ).”

Juliette S. v. William S.

79 Misc. 2d 765 · New York City Family Court · Nov 12, 1974

In Brown v. Brown ( 71 Misc 2d 11 ), this court suggested that the recent New York legislation providing for conversion divorces might well stimulate a change in the common law in the direction urged by respondent. … (McCracken v. McCracken, 44 A D 2d 793; see Brown v. Brown, 71 Misc 2d 11, 16 , supra.) From this standpoint petitioner is entitled despite her earnings to the agreed-decreed alimony.

Supplee v. Sayre

3 N.Y.S. 627 · New York Supreme Court · Jan 11, 1889

Bradley v. Burwell, 3 Denio, 261 ; Horton v. Brown, 29 Hun, 654 ; Clarkson v. Root, 18 Abb. N. C.462; Bullock v. Bogardus, 1 Denio, 277 . … Horton v.

Platzman v. Munno

184 Misc. 2d 201 · New York Supreme Court · Mar 24, 2000

(Simcuski v Saeli, 44 NY2d 442 , 448-449 [1978].) … (See, Terry v Long Is. R. R., 207 AD2d 881 [2d Dept 1994].)

Emans v. Turnbull

2 Johns. 314 · New York Supreme Court · Aug 15, 1807

By the agreement of 1670 it was evidently intended to convey the fee of the neclc to Brown. … (Doe v. Rosser, 3 East, 15.) This is going much further than the present case requires.

Stevens v. Board of Trustees for the Maine Public Employees Retirement System

Superior Court of Maine · Apr 11, 2018

the Board's findings." … Petitioner had the burden of persuading the Board by a preponderance of the evidence that he was disabled within the meaning of the statute. See Douglas v. Bd ofTrs., 669 A.2d 177, 179 (Me. 1996).

Magde v. Crowley

200 Misc. 109 · New York Supreme Court · Jan 31, 1951

(General City Law, § 82; Matter of Hopkins v. Board of Appeals of City of Rochester, 178 Misc. 186 .) … Sullivan v. McLaughlin, 266 N. Y. 519 ; Matter of Levy v. Board of Standards & Appeals of City of N. Y., 267 N. Y. 347 ; Matter of Burlinson v. Zoning Bd. of Appeals of City of Yonkers, 275 App. Div. 723 .)

Hinkle v. Niblett

43 Pa. D. & C. 441 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 28, 1940

(See, for example, amongst many cases, Fulwiler v. Mack-International Motor Truck Corp. et al., 137 Pa. Superior Ct. 421, 425 ). That is not so with the board in its relation to a referee. … See Weinstock v. United Cigar Stores Co. et al., 137 Pa. Superior Ct. 128 .

Sherman v. Hoffman

19 Misc. 2d 895 · New York Supreme Court · Oct 14, 1959

Additionally, it cannot be denied that the Board is an interested party and as such, while possibly not hostile, is certainly a reluctant and unwilling witness and should be examined under the section. (Fahey v. … Silverman v. Moss (107 N. Y. S. 2d 475), cited by defendant in support of her contention concerning the privileged nature of the Board’s “ highly confidential” reports, is not pertinent.

Cappelli v. Sweeney

167 Misc. 2d 220 · New York Supreme Court · Jun 29, 1995

(Ball v Allstate Ins. … (Board of Regents v Roth, 408 US 564 [1972]; O’Neill v City of Auburn, 23 F3d 685 , 688 [2d Cir 1994].)

Rossetti v. Lopez

33 Misc. 3d 295 · New York Supreme Court · Aug 10, 2011

§ 5-604 [1]; see also Matter of Andrews v Board of Elections of County of Albany, 164 AD2d 960 [3d Dept 1990] [holding that Election Law § 5-302 (5) provides that the Board is not obligated to supplement the list of enrolled … (See also Matter of Kent v Coveney, 96 AD2d 919 [2d Dept 1983]; Matter of Green v Voyticky, 185 AD2d 956 [2d Dept 1992] [enrollment tabulation of voters in a particular district left to Board of Elections].)

Canfield v. Moreschi

182 Misc. 195 · New York Supreme Court · Jun 2, 1943

This judgment was affirmed with some modifications on December 12,1941 (Dusing v. Nuzzo, 263 App. Div. 59 ). … Although arbitrary and illegal control was lifted for a time after the decision in Busing v.

Hinkley v. Egan

181 Misc. 2d 921 · New York Supreme Court · Aug 13, 1999

While it is well established that “[t]he failure of the signers to provide the ‘town or city’ of residence is a fatal defect and renders the designating petition invalid” (Matter of Scamacca v Mahoney, 104 AD2d 730 [4th Dept … 1984], citing Matter of McKeever v Hornidge, 306 NY 876 , and Matter of Frome v Board of Elections, 57 NY2d 741, 742 ), the same cannot be said about one’s failure to specify whether the “town or city” filled in on the petition

Fox v. Mohawk & Hudson River Humane Society

20 Misc. 461 · New York Supreme Court · Jun 15, 1897

Health Department v. Rector, etc., 145 N. Y. 32 ; Lawton v. Steele, 119 id. 226; People v. West, 106 id. 293; People v. Havnor, 149 id. 195. … Trustees of Exempt Firemen’s Fund v. Roome, 93 N. Y. 313 . See Board of Underwriters v. Whipple & Co., 2 App. Div. 361 .

Cardamone v. Cardamone

9 Pa. D. & C. 723 · Pennsylvania Court of Common Pleas, Jefferson County · Feb 10, 1927

Repr. 285, and Brown v. Brown, 89 Atl. Repr. 889, we learn that its foundation is the Connecticut Statute of 1877. The opinion in the Bushnell case relies upon the case of Brown v. … We interpret the depreciation by the court in Brown v. Brown, 89 Atl.

Hensel v. Integrity Trust Co.

32 Pa. D. & C. 672 · Pennsylvania Court of Common Pleas, Perry County · Jun 23, 1938

In the case of Wilson, Mayor, v. … Similar conclusions were reached in the case of Meurer v. Stokes, 246 Pa. 393 .