54 Cited authorities

Misicki v. Caradonna
2009 N.Y. Slip Op. 3764 (N.Y. 2009) Cited 595 times
Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition
Parkview Assocs v. City of New York
71 N.Y.2d 274 (N.Y. 1988) Cited 290 times
Holding that "`[e]stoppel is not available against a local government unit for the purpose of ratifying an administrative error,'" and such an administrative error does not confer rights contrary to the zoning laws
Tall Trees Construction Corp. v. Zoning Board of Appeals
97 N.Y.2d 86 (N.Y. 2001) Cited 149 times 1 Legal Analyses
In Tall Trees Construction Corp., though, the court held that because the Board did not have to make any findings of fact, the court's appellate review was not limited to such findings when deciding whether the procedural dismissal was arbitrary or capricious.
National Ass'n of Women's & Children's Apparel Salesmen, Inc. v. Federal Trade Commission
414 U.S. 1004 (1973) Cited 108 times 1 Legal Analyses
Approving bank's requirement that loan applicant maintain certain amount on deposit to secure proposed loan
Martin v. City of Albany
42 N.Y.2d 13 (N.Y. 1977) Cited 223 times
Holding that actual malice is typically shown by circumstantial evidence, including a lack of probable cause
Bethlehem Steel Co. v. Turner Constr. Co.
2 N.Y.2d 456 (N.Y. 1957) Cited 364 times
Stating that an interpretation of a contract should not "strain the contract language beyond its reasonable and ordinary meaning"
Rosner v. Metropolitan Property Liability Ins. Co.
96 N.Y.2d 475 (N.Y. 2001) Cited 94 times
Approving a court's use of dictionaries as a tool to decipher a word's plain meaning
Matter Lezette v. Bd. of Educ., Hudson
35 N.Y.2d 272 (N.Y. 1974) Cited 157 times
Argued September 12, 1974 Decided October 8, 1974 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN T. CASEY, J. John M. Donoghue for appellant. James R. Sandner and Bernard F. Ashe for respondent. Joseph D. Quinn, Jr. for the Board of Education of the City School District of the City of Poughkeepsie, amicus curiae. WITMER, J. The principal issue presented on this appeal is whether petitioner, a probationary elementary school teacher whose position was
First Int. Bank v. Blankstein
59 N.Y.2d 436 (N.Y. 1983) Cited 121 times
Holding "bank did not act in a commercially unreasonable manner when it proceeded against the notes rather than selling the diamonds it also held as collateral"
Majewski v. Broadalbin-Perth Central School District
(N.Y. May. 12, 1998) Cited 75 times
In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."

In the Matter of Perlbinder Holdings, LLC, Appellant-Respondent,v.Meenakshi Srinivasan,, et al., Respondents-Appellants.

54 Cited authorities

Holding that 12 N.Y.C.R.R. § 23-9.2 imposes a nondelegable duty to make "necessary repairs or replacement" upon discovery of any unsafe condition

Holding that "`[e]stoppel is not available against a local government unit for the purpose of ratifying an administrative error,'" and such an administrative error does not confer rights contrary to the zoning laws

In Tall Trees Construction Corp., though, the court held that because the Board did not have to make any findings of fact, the court's appellate review was not limited to such findings when deciding whether the procedural dismissal was arbitrary or capricious.

Approving bank's requirement that loan applicant maintain certain amount on deposit to secure proposed loan

Holding that actual malice is typically shown by circumstantial evidence, including a lack of probable cause

Stating that an interpretation of a contract should not "strain the contract language beyond its reasonable and ordinary meaning"

Approving a court's use of dictionaries as a tool to decipher a word's plain meaning

Holding "bank did not act in a commercially unreasonable manner when it proceeded against the notes rather than selling the diamonds it also held as collateral"

In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."