31 Cited authorities

Pell v. Board of Education
34 N.Y.2d 222 (N.Y. 1974) Cited 5,556 times 1 Legal Analyses
Discussing the standard of review in an Article 78 appeal
Connally v. General Const. Co.
269 U.S. 385 (1926) Cited 2,761 times 6 Legal Analyses
Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”
Brad H. v. City of New York et al
17 N.Y.3d 180 (N.Y. 2011) Cited 187 times
Noting that where a contract's language is "written so imperfectly that it is susceptible to more than one reasonable interpretation," it is deemed to be ambiguous.
Evans v. Famous Music Corp.
1 N.Y.3d 452 (N.Y. 2004) Cited 178 times
Holding that contract provision stating that plaintiff songwriters were entitled to a percentage of "all net sums actually received" by defendant music publishing company, after deduction of certain taxes and expenses, did not obligate defendant "to make payments to the songwriters in the event that foreign tax credit proved beneficial" to defendant
Lighthouse Shores v. Islip
41 N.Y.2d 7 (N.Y. 1976) Cited 213 times
Upholding constitutionality of a municipal ordinance
Jennings v. Mental Health off
90 N.Y.2d 227 (N.Y. 1997) Cited 114 times
Argued April 30, 1997; Decided June 12, 1997 Appeal from Appellate Division of the Supreme Court, Third Judicial Department, Albany County Dennis C. Vacco, Attorney-General, Albany ( Patrick Barnett-Mulligan, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Office of Mental Health and another, appellants. Stein Schonfeld, Garden City ( Robert L. Schonfeld, Seth P. Stein and Beth Pepper of counsel), for Rehabilitation Support Services, Inc., appellant. Vincent J. McArdle, Jr.
Syquia v. Board of Education
80 N.Y.2d 531 (N.Y. 1992) Cited 94 times
In Syquia v. Board of Education of Harpursville Cent. School District, 80 NY2d 531 (1992), the courts hearing the challenge to an arbitration decision all believed the determination had to be annulled because one of the panel members had been paid an amount greater than he was statutorily entitled to receive, even though there was not an explicit finding that this violation itself caused petitioner any harm.
Nissho Iwai Europe PLC v. Korea First Bank
99 N.Y.2d 115 (N.Y. 2002) Cited 58 times
Discussing a personal guaranty and an irrevocable standby letter of credit as two forms of security for a particular loan
Matter 125 Bar Corp. v. State Liq. Auth
24 N.Y.2d 174 (N.Y. 1969) Cited 129 times
In Matter of 125 Bar Corp. v. State Liq. Auth. (24 N.Y.2d 174, 180) the court said: "Since this article 78 proceeding was a review of an administrative determination not resting on a hearing mandated by law, Special Term should have determined the matter."
Associates v. Maher
75 A.D.3d 889 (N.Y. App. Div. 2010) Cited 28 times
Concluding that "[i]t was defendant's execution of this [separate employment agreement], and not any provision of the handbook, that created [the employee's] contractual obligations"

In the Matter of Keli-Koran Luchey, Respondent,v.Board of Education of City School District of the City of Niagara Falls et al., Appellants.

31 Cited authorities

Discussing the standard of review in an Article 78 appeal

Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”

Noting that where a contract's language is "written so imperfectly that it is susceptible to more than one reasonable interpretation," it is deemed to be ambiguous.

Upholding constitutionality of a municipal ordinance

Discussing a personal guaranty and an irrevocable standby letter of credit as two forms of security for a particular loan

In Matter of 125 Bar Corp. v. State Liq. Auth. (24 N.Y.2d 174, 180) the court said: "Since this article 78 proceeding was a review of an administrative determination not resting on a hearing mandated by law, Special Term should have determined the matter."

Concluding that "[i]t was defendant's execution of this [separate employment agreement], and not any provision of the handbook, that created [the employee's] contractual obligations"