51 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,128 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  2. Rocanova v. Equitable Life

    83 N.Y.2d 603 (N.Y. 1994)   Cited 873 times   1 Legal Analyses
    Holding "[p]unitive damages are not recoverable for an ordinary breach of contract"
  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 564 times
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so
  4. South Road Associates, LLC v. International Business Machines Corp.

    4 N.Y.3d 272 (N.Y. 2005)   Cited 366 times
    Holding that the term "premises" in the disputed contract unambiguously referred only to the "interior space" of a leased real estate property based on a reading of the lease "as a whole," which frequently listed the term "premises" separately from things such as "the water tower, appurtenances, land, parking lot and building"
  5. In re Dutchess County Dept. of Social Ser., v. Day

    96 N.Y.2d 149 (N.Y. 2001)   Cited 42 times

    Decided May 3, 2001. Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 28, 2000, which affirmed an order of the Family Court, Dutchess County (Damian J. Amodeo, J.), denying objections to two orders of that Family Court (Esther R. Furman, H.E.) that directed respondents to pay a total of $4,375 as reimbursement to petitioner for money it expended on behalf of respondents' minor child while

  6. Cayuga-Onondaga Bd. v. Sweeney

    676 N.E.2d 854 (N.Y. 1996)   Cited 36 times
    Discussing briefly the legislative history of § 220 and the prevailing wage constitutional amendment
  7. Weiss v. City of New York

    95 N.Y.2d 1 (N.Y. 2000)   Cited 25 times
    Describing "except" as "conditional language"
  8. Calavano v. New York City Health Hospitals

    246 A.D.2d 317 (N.Y. App. Div. 1998)   Cited 22 times
    In Calavano v. New York City Health Hospitals Corp. (246 A.D.2d 317), relied upon by the defendant, the plaintiff was aware when he signed the release of the nature of his injury, a herniated disk at L4-L5, but was simply unaware that he would afterward experience severe pain from the injury, requiring emergency surgery.
  9. Brukhman v. Giuliani

    727 N.E.2d 116 (N.Y. 2000)   Cited 14 times
    In Brukhman, the Court of Appeals held that WEP participants are not "in the employ" of anyone within the meaning of article I, § 17 of the New York State Constitution. Article I, § 17 of the New York State Constitution provides, inter alia, that laborers, workers, and mechanics "in the employ" of a contractor or subcontractor engaged in the performance of public work must be paid no less than the rate of wages prevailing in the same trade or occupation in the location within the state where such public work is to be situated, erected, or used.
  10. Burke's Auto v. Ameruso

    113 A.D.2d 198 (N.Y. App. Div. 1985)   Cited 26 times

    December 3, 1985 Appeal from the Supreme Court, Bronx County, Maurice W. Grey, J. Kenneth Reiss of counsel (Giamboi, Reiss Squitieri, attorneys), for respondent. Helen P. Brown of counsel (June A. Witterschein with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellant. KASSAL, J. Petitioner had submitted a bid on contract T83-142/AT, to perform emergency tow and repair service on the Bruckner Expressway from Balcom Avenue to the New England Thruway, New England

  11. Section 7803 - Questions raised

    N.Y. C.P.L.R. § 7803   Cited 4,401 times
    Permitting a party to initiate a judicial proceeding to determine whether an agency "failed to perform a duty enjoined upon it by law," was "affected by an error of law," or made a "determination violation of lawful procedure"
  12. Section 209-A - Improper employer practices; improper employee organization practices; application

    N.Y. Civ. Serv. Law § 209-A   Cited 282 times

    1. Improper employer practices. It shall be an improper practice for a public employer or its agents deliberately (a) to interfere with, restrain or coerce public employees in the exercise of their rights guaranteed in section two hundred two of this article for the purpose of depriving them of such rights; (b) to dominate or interfere with the formation or administration of any employee organization for the purpose of depriving them of such rights; (c) to discriminate against any employee for the

  13. Section 200 - Statement of policy

    N.Y. Civ. Serv. Law § 200   Cited 215 times

    The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. These policies are best effectuated by (a) granting to public employees the right of organization and representation, (b) requiring the state, local governments and other

  14. Section 201 - Definitions

    N.Y. Civ. Serv. Law § 201   Cited 150 times
    Including any "public authority, commission, or public benefit corporation" in definition of "public employer"
  15. Section 20 - Rules

    N.Y. Civ. Serv. Law § 20   Cited 73 times

    1. Scope of rules. Each municipal civil service commission shall prescribe, amend and enforce suitable rules for carrying into effect the provisions of this chapter and of section six of article five of the constitution of the state of New York, including rules for the jurisdictional classification of the offices and employments in the classified service under its jurisdiction, for the position classification of such offices and employments, for examinations therefor and for appointments, promotions

  16. Section 52 - Promotion examinations

    N.Y. Civ. Serv. Law § 52   Cited 59 times

    1. Filling vacancies by promotion. Except as provided in section fifty-one, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding competitive class positions in a lower grade in the department in which the vacancy exists, provided that such lower grade positions are in direct line of promotion, as determined by the state civil service department or municipal commission; except that where the state civil service department or

  17. Section 2 - Definitions

    N.Y. Civ. Serv. Law § 2   Cited 50 times

    When used in this chapter. 1. The term "commission" or "state commission" means the state civil service commission; 2. The term "president" means the president of the state civil service commission; 3. The term "department" or "civil service department" means the state department of civil service, unless otherwise expressly stated or unless the context requires a different meaning; 4. The term "municipal commission" or "municipal civil service commission" means the civil service commission of a city

  18. Section 4 - Vermont boundary line

    N.Y. State Law § 4   Cited 14 times

    The boundary line between the state of New York and the state of Vermont shall be and hereby is fixed as follows: Beginning at a stone bound standing on the easterly slope of a hill, in latitude forty-two degrees forty-four minutes forty-five and two hundred one thousandths seconds north, longitude seventy-three degrees fifteen minutes fifty-four and nine hundred four thousandths seconds west from Greenwich, a point in the southerly line of the state of Vermont; thence the line runs on a bearing