50 Cited authorities

Zahra v. Town of Southold
48 F.3d 674 (2d Cir. 1995) Cited 1,055 times
Holding that plaintiffs asserting a municipal liability claim under § 1983 must prove, inter alia, the denial of a constitutional right
Euclid v. Ambler Co.
272 U.S. 365 (1926) Cited 2,413 times 7 Legal Analyses
Holding that a zoning ordinance that "greatly ... reduce[d] the value of appellee's lands and destroy[ed] their marketability for industrial, commercial and residential uses" constituted a "present invasion of appellee's property rights"
Riley v. County of Broome
95 N.Y.2d 455 (N.Y. 2000) Cited 389 times
Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork
Kurcsics v. Merchants Mut
49 N.Y.2d 451 (N.Y. 1980) Cited 618 times
In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.
People v. Applied Card
2008 N.Y. Slip Op. 5780 (N.Y. 2008) Cited 201 times
Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”
Gernatt Asphalt v. Sardinia
87 N.Y.2d 668 (N.Y. 1996) Cited 266 times 4 Legal Analyses
In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.
Balbuena v. IDR Realty LLC
2006 N.Y. Slip Op. 1248 (N.Y. 2006) Cited 141 times 2 Legal Analyses
Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law
Albany Bldrs. v. Guilderland
74 N.Y.2d 372 (N.Y. 1989) Cited 159 times
Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction
Consolidated Edison Co. of New York, Inc. v. Town of Red Hook
60 N.Y.2d 99 (N.Y. 1983) Cited 177 times 1 Legal Analyses
Holding state had preempted local regulation regarding the siting of major steam electric-generating plants
DiMichel v. S. Buffalo Ry. Co.
80 N.Y.2d 184 (N.Y. 1992) Cited 130 times
In DiMichel v. South Buffalo Ry. Co., 80 N.Y.2d 184, 590 N.Y.S.2d 1, 604 N.E.2d 63, decided in 1992, the Court of Appeals ended the excesses of the practice.

Cooperstown Holstein Corporation, Appellant,v.Town of Middlefield, Respondent.

50 Cited authorities

Holding that plaintiffs asserting a municipal liability claim under § 1983 must prove, inter alia, the denial of a constitutional right

Holding that a zoning ordinance that "greatly ... reduce[d] the value of appellee's lands and destroy[ed] their marketability for industrial, commercial and residential uses" constituted a "present invasion of appellee's property rights"

Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork

In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.

Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”

In Gernatt —decided after the legislature had codified Frew Run's holding in an amendment to the MLRL's supersession clause—the Town of Sardinia amended its zoning ordinance to eliminate all mining as a permitted use throughout the town.

Holding that "plaintiffs' status as aliens who are not legally authorized to work in the United States" did not preclude their recovery of lost earning in their suit to recover for injuries sustained as a result of defendants' purported violations of state Labor Law

Holding Guilderland's local law was preempted by New York state law which provided a comprehensive scheme for funding road construction

Holding state had preempted local regulation regarding the siting of major steam electric-generating plants

In DiMichel v. South Buffalo Ry. Co., 80 N.Y.2d 184, 590 N.Y.S.2d 1, 604 N.E.2d 63, decided in 1992, the Court of Appeals ended the excesses of the practice.