Case law

Nagaven Realties, Inc. v. Banzhaf

149 Misc. 361 · New York Supreme Court · Oct 23, 1933

(Matter of Ellish v. Zoning Board of Appeals of Ramapo, 141 Misc. 916 .) It seems to me that the facts here bring the case squarely within the principles laid down in Matter of Butler v. Connell ( 235 App. … Corp. v. Connell ( 257 N. Y. 73 ); Matter of Eaton v.

King v. Van Wart

67 Misc. 2d 592 · New York Supreme Court · Aug 27, 1971

I find that the action of the Board of Elections in rejecting this petition must be affirmed. … (See Matter of O’Brien v. Meisser, 14 A D 2d 600, affd. 10 N Y 2d 799.) The relief sought by petitioner is denied.

Covanta Niagara, L.P. v. Town of Amherst Garbage & Refuse District No. 1

16 Misc. 3d 656 · New York Supreme Court · Jun 6, 2007

No. 1, 33 AD2d 720 [3d Dept 1969]; Village of Brockport v County of Monroe Pure Waters Div., 75 AD2d 483 [4th Dept 1980], affd 54 NY2d 678 [1981]; Belinson v Sewer Dist. … solely by the town board (Town Law, § 61)” (1988 Ops St Comp No. 88-25).

Jalowiec v. Reile

61 Misc. 2d 909 · New York Supreme Court · Jan 13, 1970

Appeals from the Board of Trustees may he brought within four months as prescribed by CPLR 217. (However, see contra Matter of Atlantic Refining Co. v. Village of Sloan Bd. of Appeals, 13 Misc 2d 631 .) … (Matter of Fischer v. Kelly, 17 N Y 2d 521; Matter of McElroy v. McAndrews, 10 A D 2d 852; Matter of Kemp v. State Tax Comm., 56 Misc 2d 824 .)

Dreher v. Wagner

38 Misc. 2d 290 · New York Supreme Court · Dec 21, 1962

board is unlawful. … certain material allegations of the petition and assert, by way of affirmative defense, that the mandatory power of the Judges to fix petitioners’ salaries which concededly, they once had (Judiciary Law, § 349; Moskowitz v.

Pataki v. Hayduk

87 Misc. 2d 1095 · New York Supreme Court · Aug 23, 1976

Once the board has completed this examination and made its determination it is functus officio. It is constrained to go no further. (Schwartz v Heffernan, 304 NY 474 ; Mansfield v Epstein, 5 NY2d 70 .) … (Bednarsh v Cohen, 267 App Div 133 , app den 267 App Div 760 , mot for lv to app den 292 NY 578 ; Frankel v Cheshire, 212 App Div 664 ; Matter of Hanofee, 47 Misc 2d 787 , affd 24 AD2d 729 , affd 16 NY2d 885 .)

Spezio v. Sutphin-Flushing Realty Corp.

17 Misc. 2d 960 · New York Supreme Court · Dec 4, 1958

(Maguire v. Ardea Realty Corp., 279 App. Div. 904 ; Tomblin v. 1459 University Corp., N. Y. L. J., March 26,1953, affd. 283 App. Div. 653 ; Romanisky v. Siglon Realty Corp., 122 N. Y. S. 2d 171; Mattson v. … Jarmag Realty Corp., 203 Misc. 375 ; Galiano v. Siegal, 41 L. R. R. M. 2728; Harris v. Hertsberg, 15 Misc 2d 400 ; Sugrue v. Shapiro, N. Y. L. J., June 7,1957, p. 9, col. 3.)

Hittl v. Buckhout

13 Misc. 2d 230 · New York Supreme Court · Jun 27, 1958

It is argued that if by resolution the board voted to join in the protest, then the board would disqualify itself from acting in its legislative capacity of enacting amendments to the zoning law and that the reverse would … Corp. v. State of New York ( 293 N.

In re Smith

49 Misc. 567 · New York Supreme Court · Feb 15, 1906

In Adee v. Arnow, 91 Hun, 331 , the court says: “ In the constitution of the towns of this State many old things "have passed away.” By a recent statute of the State the .governing board of a town is the town board. … Levett v. Randall, 151 N. Y. 497 , O’Brien, J., writing the opinion of the court, at page 501, says: “ 3.

Cabana v. Holstein-Friesian Ass'n of America

112 Misc. 262 · New York Supreme Court · Jun 15, 1920

People v. Hills, 1 Lans. 202 ; Trustees of Vernon Society v. Hall, 6 Cow. 23 ; All Saints Church v. Lovett, 1 Hills, 191; Hudson River R. R. Co. v. Kay, 14 Abb. Pr. (N. S.) 191; Lewis v. Matthews, 161 App. … Div. 107 ; Humphreys v. Mooney, 5 Colo. 282 ; Wright v. Lee, 2 S. D. 596; Washington Lighting Co. v. Dimmick, 41 App. Div. 596 ; Moir v. Providence Savings Life Assurance Society, 127 id. *274 591; People v.

Temple Israel of Lawrence v. Plaut

10 Misc. 2d 1084 · New York Supreme Court · Dec 16, 1957

Co. v. Thatcher, 278 N. … Co. v.

People ex rel. Swift v. Luce

74 Misc. 551 · New York Supreme Court · Dec 15, 1911

McLean v. Flagg, 46 N. Y. 401, 404 ; Koch v. Mayor, 162 id. 72, 75; People ex rel. Hatch v. Reardon, 184 id. 431, 434. … Koch v. Mayor, 152 N. Y. 79 ; Long v. Mayor, 81 id. 427, 428; People ex rel. Mitchell v.

Cramer v. Benton

64 Barb. 522 · New York Supreme Court · Jan 7, 1873

In Baldwin v. Brown, ( 16 N. Y. 359 ,) the plaintiff claimed by practical location and adverse possession, in opposition to the deed of his grantor, and his title was sustained. Such, too, were the cases of Pierson v. … Mosher, ( 30 Barb. 81 ,) Jackson v. Long, ( 7 Wend. *517 170 ,) Jackson v. Vedder, ( 3 John. 8 ,) and Same v. Dieffendorf, (Id. 269.) As early as the case of Jackson v.

School Transparency Organization v. Harpursville Central School District

50 Misc. 3d 478 · New York Supreme Court · Sep 28, 2015

Moreover, petitioners had the right to appeal these issues to the Commissioner of Education (Matter of Schamel v Board of Educ. of Waverly Cent. School Dist., 61 AD2d 1115 [3d Dept 1978], Iv denied 44 NY2d 649 [1978]). … Here, “the Commissioner of Education is uniquely suited to resolve this matter as [s]he possesses the specialized knowledge and experience required to determine [the issues presented]” (Matter of Hessney v Board of Educ.

Rider v. Legg

51 Barb. 260 · New York Supreme Court · Jul 27, 1868

In Everitt v. … Brown, 4 Cowen, 483.)

Hart v. Nash

80 Misc. 2d 15 · New York Supreme Court · Nov 26, 1974

of canvassers, if any, of the returns from such district, and otherwise against the board of inspectors of election of such district, both of which boards shall continue in office for the purposes of this subdivision; and … The Appellate Division, Second Department, in Matter of Corrigan v.

Reynolds v. Foster

66 Misc. 133 · New York County Courts · Jan 15, 1910

Bassett v. Fish, 75 N. Y. 303 ; Porter v. Robinson, 30 Hun, 209 ; Gould v. Board of Education, 34 id. 16. … Since the case of Bassett v. Fish, supra, there has never been any doubt that such a cause of action as the one set forth in the complaint should be prosecuted by action brought against the board of education.

Eliason v. School District

54 Pa. D. & C.2d 52 · Pennsylvania Court of Common Pleas, Delaware County · Dec 22, 1970

Arensberg et al., 276 Pa. 24 , 119 Atl. 727 (1923); Stratton v. Allegheny County, 245 Pa. 519 ; Philadelphia County v. Pittsburgh, 253 Pa. 147 ; and Sheets et al. v. Armstrong et al., 307 Pa. 385 . … six did: Spann v.

Mishaan v. 1035 Fifth Avenue Corp.

47 Misc. 3d 930 · New York Supreme Court · Jan 15, 2015

(See Winegrad v New York Univ. Med. Ctr.; O’Halloran v City of New York; Giaquinto v Town of Hempstead, 106 AD3d 1049 [2d Dept 2013].) … (See DeRaffele v 210-220-230 Owners Corp., 33 AD3d 752 [2d Dept 2006]; Solow v New N.

Pink v. Title Guarantee & Trust Co.

164 Misc. 128 · New York Supreme Court · Aug 31, 1937

His personal dealings with his corporation are jealously guarded by the courts, as are also transactions between boards having common members. (Geddes v. Anaconda Mining Co., 254 U. S. 590 .) … Mortimer Buckner, chairman of the board of New York Trust Company, and Charles S. Brown, a trustee of the title company, “ to help out some of the guaranteed mortgage companies.”