Case law

Brown v. Starkweather

197 A.D.2d 840 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1993

Memorandum: Supreme Court properly held that petitioner Brown’s proceeding was not timely commenced. … Respondents Stark-weather and Relin were not aggrieved by the order appealed from (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 ).

Church v. . Brown

21 N.Y. 315 · New York Court of Appeals · Mar 5, 1860

This case follows that of Brown v. … That the defendants were neither makers nor indorsers of a promissory note, but that their contract was one of guaranty, had been settled before. ( Spies v. Gilmore, 1 Comst., 321; Brown v. Curtis, 2 Comst., 225.)

Brown v. Stark

205 A.D.2d 725 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 1994

Accordingly, it should then have submitted that issue to the jury for a special finding (see, Loucas v A & A Trucking Co., 134 AD2d 326, 327 ; Quaglio v Tomaselli, 99 AD2d 487 ). … West, 189 AD2d 866 ; DeSisto v New York City Tr.

Brown v. Ferguson

2 Denio 196 · New York Supreme Court · Feb 15, 1846

(See Slack v Brown, 13 Wend. 390 ; Graham v. Gedney, Grah. Pr. 544, note, 2d ed. This was a tender before suit brought; and it was not available to the defendant, for thereason that the money was not brought into court. … (Retan v. Drew, 19 Wend. 304 .) But the suit was not commenced until the declaration was filed and served. (Johnson v. Comstock, 6 Hill, 10 .) On a common law tender the money must be brought into court.

People v. Brown

105 A.D.3d 1466 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2013

Therefore, the order of June 6, 2008 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]).

Brown v. Williams

4 Wend. 360 · New York Supreme Court · May 15, 1830

R. 73. 3 Brown’s C. 3. 11 Ves. 410.) These cases speak of discharging or varying the contract with the principal debtor. … In English v. Darby, (2 Bos. & Pul. 62,) Lord Eldon, speaking of the case of Hayling v. Mulhall, (2 Black.

People v. Brown

32 N.Y.2d 172 · New York Court of Appeals · Apr 26, 1973

(See People v. Corrado, 22 N Y 2d 308, 311, 313.) For example, the defendant’s answers to the officer’s questions were not evasive or unresponsive. (People v. Rosemond, 26 N Y 2d 101, 102-103, 105; People v. … People v. White, 16 N Y 2d 270). Nor was there any report of a car breakin nor any indication that this was a high crime area. (People v. Hunter, 30 N Y 2d 774, 776.)

Clark v. Brown

18 Wend. 115 · New York Supreme Court · Dec 15, 1837

(Almy v. Harris, 5 Johns. R. 175. Smith v. Drew, 5 Mass. … (Bush v. Brainard, 1 Cowen’s R. 78. Holladay v. Marsh, 3 Wend. R. 142. Rust v. Low, 6 Mass. R. 94 . Little v. Lathrop, 5 Greenl. R. 356.)

Brown v. State

250 A.D.2d 314 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1998

681 [hereinafter Brown I]). … The Court of Appeals, in Brown I, ultimately reinstated the constitutional tort claims deeming them to have been properly pleaded (see, Brown I, supra, at 188-192).

Brown v. Murphy

43 A.D.2d 524 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1973

And, while “ Compliance with the technical rules of evidence is not required in disciplinary proceedings” (Matter of Sowa v. … (Matter of Erdman v. Ingraham, 28 A D 2d 5, 9.)

People v. Brown

62 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 1978

Each of them recalled defendant wearing a brown jacket. … (See People v Hamlin, 58 AD2d 631 ; People v Milano, 59 AD2d 852 ; People v Smoot, 59 AD2d 898 .)

Daley v. . Brown

167 N.Y. 381 · New York Court of Appeals · Jun 4, 1901

(Todd v. Nelson, 109 N. Y. 316, 324 ; Caponigri v. Altieri, 165 N. Y. 255, 263 ; Reeder v. Sayre, 70 N. Y. 180 , 190 ; Drucker v. Manhattan Ry. Co., 106 N. Y. 157 .) As was said by Chief Justice Nelson in Ford v. … Brown, one of the defendants, testified that Finnegan was foreman of the excavation and hired laborers, but did not hire or discharge engineers.

Dudley v. Brown

227 A.D.2d 863 · Appellate Division of the Supreme Court of the State of New York · May 16, 1996

New York State Div. of Parole, 190 AD2d 423 ; Matter of Baker v Russi, 188 AD2d 771 ). … , 190 AD2d 423, 431 , *864 supra, affd 83 NY2d 788 ; Matter of Baker v Russi, supra).

Elliott v. Brown

2 Wend. 497 · New York Supreme Court · May 15, 1829

J., in Cockcroft v. … This case of Cockcroft v. Smith is referred to by all subsequent writers. The same principle was recognized in South Carolina, in the case of The State v. Wood, ( 1 Bay, 351 .)

Brown v. Wittner

43 A.D. 135 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1899

(Pauley v. Steam Gauge & L. Co., 131 N. Y. 90 ; Knisley v. Pratt, 148 id. 372; Pitcher v. Lennon, 12 App. Div. 356 ; Hanrahan v. Cochran, Id. 91.). … (Kenney v. Rhinelander, 28 App. Div. 246 ; Totten v. Phipps, 52 N. Y. 354 .) He lived upon one of the upper floors; this stairway led from the ground floor to the second floor, and lie was on his way to the street.

Galen v. . Brown

22 N.Y. 37 · New York Court of Appeals · Sep 5, 1860

is in possession, and is entitled to the possession for a definite period, that the chattels mortgaged may be seized upon execution against the mortgagor, or that the latter has any leviable interest therein. ( Mattison v. … Baucus, 1 Comst., 295; Hull v. Carnley, 1 Kern., 501.)

Brown v. . Mailler

12 N.Y. 118 · New York Court of Appeals · Dec 5, 1854

But the cases in this state are the other way, and the question has been settled against the competency of such evidence in the court of last resort. ( Paige v. Cagwin, 7 Hill, 361 , 369.)

Corbett v. Brown

32 A.D.2d 27 · Appellate Division of the Supreme Court of the State of New York · Apr 21, 1969

(Joyce v. Rumsey Realty Corp., 17 N Y 2d 118; Major v. Waverly & Ogden, 7 N Y 2d 332; Koenig v. Patrick Constr. Corp., 298 N. Y. 313 ; Utica Mut. Ins. Co. v. Mancini & Sons, 9 A D 2d 116.) … The board may make rules to carry into effect the provisions of this section.”

People v. Brown

25 N.Y.2d 374 · New York Court of Appeals · Nov 26, 1969

(See People v. Sine, 277 App. Div. 908 ; see, also, Denzer and McQuillan, Practice Commentary Penal Law, § 140.00 *377 [McKinney’s Cons. Laws of N. Y., Book 39, part 1, pp. 340, 342].) … Since the People thus failed in their burden of proving each and every element of the crime charged, and, specifically, the absence or loss of a statutory privilege or license to enter and remain (see People v.

Wood v. . Brown

34 N.Y. 337 · New York Court of Appeals · Jan 5, 1866

In Seaman v. Durea ( 11 N. … (Williams on Ex., 1548; Langford v. Gascon, 11 Vesey, 335; Clark v. Clark, 8 Paige, 152 .)