19 Cited authorities

  1. Patrolmen's Benevolent Ass'n v. City of New York

    41 N.Y.2d 205 (N.Y. 1976)   Cited 370 times

    Argued October 12, 1976 Decided December 22, 1976 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant. Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent. Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor

  2. Pajak v. Pajak

    56 N.Y.2d 394 (N.Y. 1982)   Cited 160 times
    In Pajak v. Pajak (56 N.Y.2d 394, 397) the Court confirms this adage (citing McKinney's Cons Laws of NY, Book 1, Statutes § 74) saying "The failure of the Legislature to include a matter within a particular statute is an indication that its exclusion was intended".
  3. H. R. Moch Co. v. Rensselaer Water Co.

    247 N.Y. 160 (N.Y. 1928)   Cited 635 times
    Holding that water company owed no duty to property owner who suffered property damage from fire as a result of the company's failure to adequately perform its contract with the city to provide water to hydrants
  4. Walker v. Town of Hempstead

    84 N.Y.2d 360 (N.Y. 1994)   Cited 71 times   2 Legal Analyses
    Holding that the Legislature's enumeration of six specific locations in the exception to the requirement to provide prior notice of defect to commence net of an action against the Town in N.Y. Gen. Mun. Law § 50–e shows an intent to exclude any others not mentioned
  5. Janusaitis v. Middlebury Volunteer Fire Department

    607 F.2d 17 (2d Cir. 1979)   Cited 110 times
    Holding that a volunteer firefighter's report to his superiors urging that training and discipline were inadequate within the company was protected speech
  6. Eaton v. N Y City Cab

    56 N.Y.2d 340 (N.Y. 1982)   Cited 95 times
    In Eaton v New York City Conciliation Appeals Bd. (56 N.Y.2d 340, 345), then Associate Judge Wachtler, writing for a unanimous Court of Appeals, said: "Where as here, the statute describes the particular situations to which it is to apply `an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or excluded' (McKinney's Statutes, § 240; see Patrolmen's Benevolent Assn. of City of N.Y. v City of New York, 41 N.Y.2d 205, 209)".
  7. Alonzo M. v. Probation Dept

    72 N.Y.2d 662 (N.Y. 1988)   Cited 78 times

    Argued October 14, 1988 Decided December 15, 1988 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Irving S. Aronin, J. Peter L. Zimroth, Corporation Counsel (Trudi Mara Schleifer and Francis F. Caputo of counsel), for appellants. Henry S. Weintraub and Lenore Gittis for respondent. BELLACOSA, J. The New York City Department of Probation (Probation) reviewed sealed information of favorably terminated matters concerning petitioner — a juvenile — and supplied

  8. People v. Tychanski

    78 N.Y.2d 909 (N.Y. 1991)   Cited 53 times
    In People v. Tychanski (78 N.Y.2d 909), defendant was arraigned on a felony complaint that was later superseded by a misdemeanor indictment.
  9. Steitz v. City of Beacon

    64 N.E.2d 704 (N.Y. 1945)   Cited 138 times
    In Steitz v. City of Beacon (supra, 295 N.Y. 51), for example, plaintiff sought to recover damages suffered as a result of a fire, relying on a City Charter provision requiring maintenance of a fire department.
  10. Bright Homes v. Wright

    8 N.Y.2d 157 (N.Y. 1960)   Cited 88 times

    Argued June 8, 1960 Decided July 8, 1960 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HAMILTON WARD, J. Arthur Lenhoff and George E. Gasner for appellant. Emory Gardiner and Harold Zucker for intervenor-respondent. FOSTER, J. Plaintiff, Bright Homes, Inc., the appellant herein, was granted a summary declaratory judgment by the Supreme Court in Erie County to the effect that rent controls in the City of Lackawanna ended July 1, 1959. The Appellate Division

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 360,061 times   525 Legal Analyses
    Holding every "person" liable
  12. Section 1402 - Fire corporations

    N.Y. Not-For-Profit Corp. Law § 1402   Cited 22 times

    (a) Certificate of incorporation; additional contents. In addition to the requirements of section 402 (Certificate of incorporation; contents), the certificate of incorporation of a fire corporation shall state the precise boundaries of the territory in which the corporation intends to operate. (b) Type of corporation. A fire corporation is a charitable corporation under this chapter. (c) Appointment of firefighters. (1) A person shall not be eligible to be named in the certificate of incorporation