Case law

Barnes v. Seligman

22 N.Y.S. 45 · New York Supreme Court · Feb 13, 1893

Brown. The allegations of the complaint therein are that the deceased, Mr. Seligman, in his lifetime, and George H. … Tolman v. Railroad Co., 92 N. Y. 353 .

Rumora v. Bd. on Edn.

43 Ohio Misc. 48 · Ashtabula County Court of Common Pleas · Nov 1, 1973

Cline v. … In Hale v.

Poplar Place Homeowners Ass'n v. Virginia Department of Housing & Community Development

91 Va. Cir. 157 · Fairfax County Circuit Court · Sep 11, 2015

The Virginia Department of Housing and Community Development, State Technical Review Board (“Respondent”) asserts that the TRB lacks jurisdiction to hear appeals from local boards regarding violations of local regulations … See Johnston-Willis, Ltd. v. Kenley, 6 Va. App. 231, 244 , 369 S.E.2d 1 (1988). The TRB is part of the Department of Housing and Community Development, whose Board promulgated the SFPC.

Conner v. Bickhart

47 Pa. D. & C.3d 462 · Pennsylvania Court of Common Pleas, Montour County · Dec 4, 1986

Rossini v. Penn State University, 340 Pa. Super. 39 , 489 A.2d 828 (1985). … We note that the allegations in this case do not concern an alleged failure by police to protect a certain place or area, as in Casey v. Geiger, 346 Pa. Su *470 per. 279, 499 A.2d 606 (1985) and Berlin v.

Burdick v. Bryant

111 Misc. 2d 756 · New York Supreme Court · Nov 24, 1981

The authority to grant a variance is reserved to a zoning board of appeals (Jaffe v Burns, 64 AD2d 692 ). … (Marcus v Village of Mamaroneck, 283 NY 325 ; Matter of Kaltenbach v Board of Stds. & Appeals of City of N.

Oakley v. Longobardi

51 Misc. 2d 427 · New York Supreme Court · Jul 29, 1966

Y. 911 ; Matter of Smith v. Dillon, 267 App. Div. 39 ). … Y. 274, *429 279 ; Ginsberg v. City of Long Beach, 286 N. Y. 400 ; Matter of Hulbert v. Craig, 124 Misc. 273 , affd. 213 App. Div. 865 , affd. 241 N. Y. 525 ).

State v. Bowland

29 Ohio Misc. 176 · Toledo Municipal Court · Dec 30, 1971

McMaster, Inc., v. Chevrolet Motor Co., D. C. S. C., 3 F. 2d 469, 471 ; Francesconi v. Independent School Dist. of Wall Lake, 204 Iowa 307 , 214 N. W. 882, 885 ; Marshall v. State, 116 Neb. 45 , 215 N. W. 564, 566 . … Bristol v. Buck, 201 App. Div. 100 , 194 N. Y. S. 53, 55. It is frequently used interchangeably with ‘sworn.’ Francesconi v. Independent School Dist. of Wall Lake, 204 Iowa, 307 , 214 N. W. 882, 885 .”

People ex rel. McBride v. Atchinson

68 Misc. 115 · New York Supreme Court · Jun 15, 1910

Robesch v. President, 190 N. … Williams v. Darling, 122 N. Y. Supp. 534 . “A waiver is an intentional abandonment of a known right ” (Masons’ Supplies Co. v. Jones, 58 App.

People ex rel. Deutsch v. Dalton

30 N.Y.S. 407 · New York Court of Common Pleas · Jun 15, 1894

Peabody, 26 Barb. 437 ; People v. Board of Health, 33 Barb. 344 ; People v. City of Rochester, 21 Barb. 656 ; People v. Andrews, 52 N. Y. 455 ; People v. Hill, 53 N. Y. 547 ; People v. … Martin v. Symonds, 4 Misc. Rep. 6 , 23 N. Y. Supp. 689 ; People v. Commissioners of Excise, 4 Misc. Rep. 547 , 24 N. Y. Supp. 739 ; People v. Board of Excise, 7 Misc. Rep. 415 , 27 N. Y. Supp. 983 ; McNaughton v.

People ex rel. Miller v. Silberglitt

19 Misc. 2d 152 · City of New York Municipal Court · May 22, 1959

Ordinarily, the discretionary power vested in the Parole Board to revoke a prisoner’s parole cannot be reviewed by habeas corpus (People ex rel. Jackson v. Morhous, 286 App. Div. 939 ; People ex rel. Pahl v. … La Placa v. Heacox, 238 App. Div. 217 .) The parole warrant properly issued even before conviction. The reversal of the judgment did not wipe out the misconduct for which it issued.

Standard Brands, Inc. v. Walsh

92 Misc. 2d 903 · New York Supreme Court · Mar 15, 1977

In Guth Realty v Gingold ( 41 AD2d 479 , affd 34 NY2d 440 , supra), 860 Executive Towers v Board of Assessors of Nassau County ( 84 Misc 2d 525 , affd 53 AD2d 463 , supra), and Matter of Lawrence Investing Co. v Board of … at (860 Executive Towers v Board of Assessors, 53 AD2d 463, 470 , supra).

Roosevelt v. Power

22 Misc. 2d 1074 · New York Supreme Court · May 23, 1960

It is abundantly clear that the Board of Elections has the power to correct its own errors or mistakes (cf. People ex rel. Finnegan v. McBride, 226 N. … If registration falls, or lapses, or becomes nonexistent, the enrollment based thereon dies with it (Matter of Rhatigan v. Power, N. Y. L. J., Aug. 31, 1953, affd. 282 App. Div. 838 , affd. 306 N. Y. 551 ; Wexler v.

Scarsdale v. Jorling

168 Misc. 2d 1 · New York Supreme Court · Dec 1, 1995

NY2d 24, 31 [1979]; Matter of City of New York v State of N. … (Matter of Nicholas v Kahn, supra, at 31; see also, Boreali v Axelrod, 71 NY2d 1, 13 [1987]; Matter of Citizens For An Orderly Energy Policy v Cuomo, 78 NY2d 398, 410-411 [1991].)

Brooks v. Lander

23 Ohio C.C. Dec. 44 · Cuyahoga Circuit Court · Mar 28, 1905

After the board of equalization and assessment in the city of Cleveland was held, in State v. Molyneaux, 58 Ohio St. 736 , and Gaylord v. Hubbard, 56 Ohio St. 25 [46 N. E. … This claim does not, in our opinion, serve to bring this or any other action of this board within the rule of Kirker v. Cincinnati, supra.

Fried v. Augspurger

83 Ohio Law. Abs. 321 · Butler County Court of Common Pleas · Sep 21, 1959

It has long been the law that signatures may not be removed from a petition after official action has been taken thereon by the Board, body, agency, or person to whom it is addressed. (See Kahle v. … Ruppert, 99 Oh St 17; also Lynn v. Supple, Clerk, 166 Oh St 154; State, ex rel. Wilson v. Board of Education, 166 Oh St 260. However, recently, on July 8, 1959, the Supreme Court of Ohio decided the case of Chadwell v.

State v. Allen

17 Fla. Supp. 170 · Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · Nov 30, 1960

Clearly a person (Collins v. State, 65 So. 2d 61 ; Brown v. State, supra) and the immediate premises (Courington v. State, 74 So. 2d 652 , and cases cited in the dissent; Brown v. … Simmons, 85 So. 2d 879 ; Fletcher v. State, supra), illegal alcohol (Brown v. State, 91 So. 2d 175 ), distillation equipment (Self v. State, 98 So. 2d 333 ), etc.

Merritt Manor Estates, Inc. v. Village of Elmsford

30 Misc. 2d 935 · New York Supreme Court · Jun 7, 1961

One or more preliminary plans were submitted to the planning board, and several meetings were held by the planning board concerning aspects of the plans. … Estate v. Moses, 268 N. Y. 362 ).

Kimberly Knitwear, Inc. v. Mid-West Pool Car Ass'n

21 Misc. 2d 730 · City of New York Municipal Court · Sep 21, 1959

The defendant urges that this factual situation falls within the principles laid down by Rosenberg Co. v. Curtis Brown Co. ( 260 U. S. 516 ); Greenberg v. Lamson Bros. Co. ( 273 App. Div. 57 [1st Dept.]) and Schwartz v. … Unlike Rosenberg Co. v. Curtis Brown Co. (supra), where the foreign corporation had no place whatever in New York and had no officer, agent, or stockholder resident here, Neusteter had a permanent place.

Stone v. Clifton Forge Health Care, L.L.C.

83 Va. Cir. 479 · Alleghany County Circuit Court · Nov 21, 2011

Stevens, Counsel for the Homestead, permitted the Plaintiff to depose Brown and Owens but did not permit Brown and Owens to respond to any questions relating to the safety policies and procedures of the Homestead. … See also Oppenheimer Fund v. Sanders, 437 U.S. 340, 351 (1978) (citing Hickman v.

People ex rel. Gray v. Scott

31 Misc. 131 · New York Supreme Court · Apr 15, 1900

Boards of health were continued. … Lyddy v. Long Island City, 104 N. Y. 218 . But there is a still further reason why the plaintiff cannot succeed in his contention.