Case law

Brown v. Hoburger

52 Barb. 15 · New York Supreme Court · Dec 7, 1868

In Dunlap v. Snyder, ( 17 Barb. 561 ,) it was held unanimously by the four judges that such evidence was incompetent, overruling the decision in Brill v. Flagler, ( 23 Wend. 354 .) … In Brill v. Flagler , thus overruled, the court held that the opinion of a witness as to the value of a dog was larely competent. That was the ease of a “ well broke setter dog.”

Brown v. Napoli

62 A.D.3d 1106 · Appellate Division of the Supreme Court of the State of New York · May 14, 2009

Fischer, 54 AD3d 1088, 1088 [2008]; Matter of Given v Goord, 51 AD3d 1343, 1343 [2008]; Matter of Edwards v Goord, 26 AD3d 659, 660 [2006], lv denied 7 NY3d 710 [2006]). … Therefore, we find a rational basis for the determination (see Matter of Edwards v Goord, 26 AD3d at 660 ; Matter of McPherson v Goord, 17 AD3d 750, 751 [2005], lv denied 5 NY3d 709 [2005]).

People v. Brown

40 N.Y.2d 381 · New York Court of Appeals · Jun 17, 1976

(United States v Jenkins, 420 US 358, 370 .) … (Wade v Hunter, 336 US 684, 689 .)

Brown v. Genung

1 Wend. 115 · New York Supreme Court · Aug 15, 1828

In Livingston v. Rogers, ( 1 Caines, 583 ,) it was held that the want of an award of venire upon the record, was ground for arresting the judgment. In The People v. McKay, (18 Johns. … (Thomas v. Weed, 14 Johns. R. 255. Van Slyck v. Hogeboom, 6 Johns. R. 270.) The action of debt against the sheriff for an escape, is given by the 19th section of the act concerning sheriffs, &c. (1 R. L. *118 425.

Brown v. Norton

2 N.Y.S. 869 · New York Supreme Court · Nov 23, 1888

Oakley v. Morton, 11 N. Y. 25, 30, 31 ; Baker v. Higgins, 21 N. Y. 397 ; Hill v. Heller, 27 Hun, 416 . … Brown v. Weber, 38 N. Y. 187 . And, as no such performance took place in this instance, the principle, in its full and unqualified force, is applicable to the disposition of this controversy.

Baldwin v. . Brown

16 N.Y. 359 · New York Court of Appeals · Dec 5, 1857

In Jackson v. … In Jackson v. Bowen (1 Caine, 358), it was thirty-six years; in Jackson v. Dysling (2 id,, 198), forty years; in Jackson v. Vedder ( 3 John., 8 ), the same; in Jackson v.

Gelb v. Brown

163 A.D.2d 189 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1990

(See, Duffy v Duffy, 94 AD2d 711 .) … (Orr v Orr, 440 US 268 ; Matter of Carter v Carter, 58 AD2d 438 .)

Brown v. Smalls

104 A.D.3d 459 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2013

case of negligence on the part of the driver of the rear vehicle, and imposes a duty on the part of the operator of the moving vehicle to come forward with an adequate nonnegligent explanation for the accident” (Cabrera v … 283 [1st Dept 2001], appeal dismissed 97 NY2d 677 [2001]), and, in any event, is not sufficient to defeat the motion (see Francisco v Schoepfer, 30 AD3d 275, 276 [1st Dept 2006]).

People v. Brown

152 A.D.3d 1209 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 2017

McGee, 161 AD2d 1195, 1195 [1990], lv dismissed 76 NY2d 861 [1990]; see People v Parker, 57 NY2d 136, 141 [1982]; People v Tucker, 261 AD2d 877, 877-878 [1999], lv denied 94 NY2d 830 [1999]). … People v Chandler, 224 AD2d 992, 993 [1996], lv denied 88 NY2d 845 [1996]).

Brown v. Dean

3 Wend. 208 · New York Supreme Court · Aug 15, 1829

Upon the first issue they find (to negative the plea) that William Dean was seised, as averred in his avowries, and leased the premises to Dyer, who held the same as tenant to Dean; and that the plaintiff Brown held as the … In the case of Sullivan v. Stradling, (2 Wils. 208 to 218,) the subject was much discused, and the conclusion of the court was that such a plea is bad.

Anstice v. Brown

6 Paige Ch. 448 · New York Court of Chancery · Apr 18, 1837

(Craig v. Leslie, 3 Wheat. Rep. 563 .) … This case, as respects the proceeds of the land belonging to the aliens, differs from that of Leggett v.

People v. Brown

7 N.Y.2d 359 · New York Court of Appeals · Feb 25, 1960

The same principles and reasoning that require affirmance in People v. Tomaselli, also decided today (7 N Y 2d 350), call for affirmance here. … The present case is entirely different from People v.

Sims v. . Brown

64 N.Y. 660 · New York Court of Appeals · Apr 11, 1876

People v. Brown

140 A.D.2d 363 · Appellate Division of the Supreme Court of the State of New York · May 2, 1988

Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 US 738 , supra; People v Saunders, 52 AD2d 833 ), claiming that the appeal was frivolous. … Since nonfrivolous issues can be identified in the record, we must assign new counsel and reconsider the appeal de novo (see, People v Casiano, 67 NY2d 906 ; People v Vasquez, 70 NY2d 1 , rearg denied 70 NY2d 748 ).

People v. Brown

28 N.Y.2d 282 · New York Court of Appeals · Apr 15, 1971

Distinguishing Preston v. United States ( 376 U. S. 364 ), as dealing with a warrantless search in connection with an arrest, and Dyke v. Taylor Implement Co. ( 391 U. … S. 20 ; People v. Lewis, 26 N Y 2d 547). This court has in appropriate circumstances sustained searches based on probable cause related to the vehicle itself (People v. Montgomery, 15 N Y 2d 732; People v.

Kimball v. Brown

7 Wend. 322 · New York Supreme Court · May 15, 1831

In Ramchander v. Hammond, 2 Johns. … Tucker v. Ives, 6 Cowen, 195. The case of Tucker v.

Tappan v. Brown

9 Wend. 175 · New York Supreme Court · May 15, 1832

The true ground of this recovery, I consider, as given by Heath, J. in Farmer v. Russell, 1 Bos. & Pul. 296, that whether the consideration be good or bad, a man may recover his own money.” … the plaintiff to his agent, which was the same in judgment of law as if it had been paid directly to him; the illegal contract was out of the question, and the rule pari delicto did not apply, though Hooke, J. in Farmer v.

Brown v. . Clark

77 N.Y. 369 · New York Court of Appeals · May 20, 1879

(Ackerly v. Vernon, 1 Comyn, 381; Barnes v. Crowe, 1 Ves. Ch., 486; Mooers v. White, 6 John. Ch., 375; Van Cortlandt v. Kip, 1 Hill, 590 ; S. C., 7 id., 346.) In Van Cortlandt v. … I will cite a few of them : (Habergham v. Vincent, 2 Ves. 228; Smart v. Prujean, 6 id., 565; Williams v. Evans, 1 Cromp. & Mee., 42; Allen v. Maddock, 11 Moore’s P. C. C., 427; Burton v. Newbury, 1 L. R. Ch.

Miner v. . Brown

133 N.Y. 308 · New York Court of Appeals · May 24, 1892

In Hicks v. Cochran ( 4 Edw. … In Cloos v.

Brown v. Ricketts

3 Johns. Ch. 553 · New York Court of Chancery · Nov 9, 1818

In Haycock v. Haycock, (2 Chan. … Chancey v. May, Prec. in Chan. 592. Good v. Blewitt, 13 Vesey, 399.) In Wiser v. Blachly, ( 1 Johns. Ch.