Flanagan v. Nyquist, 38 A.D.2d 645 (N.Y. App. Div. 1971). · Go Syfert
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Flanagan v. Nyquist, 38 A.D.2d 645 (N.Y. App. Div. 1971). Cases Citing This Book View Copy Cite
42 citation events (13 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) State of New York Workers' Compensation Board v. Wang
N.Y. App. Div. · 2017 · confidence medium
As to the trustee defendants, Arney (as trustee), Balaban-Krause, Callaghan, Gosdeck, Johansmeyer and Reda each submitted affidavits, and Hodes (as trustee) submitted trust *112 meeting minutes, in support of their respective motions to dismiss — each of which constituted prima facie proof that these defendants ceased serving as trustees before plaintiff’s claims accrued. 6 Specifically, October 2004 was the latest that any of the foregoing trustee defendants served as trustees, more than six years prior to the commencement of this action, thus barring plaintiff’s causes of action for br…
examined Cited "see" Essepian v. United Group of Cos., Inc. (3×)
N.Y. Sup. Ct. · 2018 · signal: see · confidence high
Farmers Exch. v AG Assets , 168 AD2d 822, 823 [3d Dept 1990]; see Doyon v Bascom , 38 AD2d 645, 645-646 [3d Dept 1971]).
discussed Cited "see" New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC (2×)
N.Y. Sup. Ct. · 2017 · signal: see · confidence high
Farmers Exch. v AG Assets , 168 AD2d 822, 823 [3d Dept 1990]; see Doyon v Bascom , 38 AD2d 645, 645-646 [3d Dept 1971]).
discussed Cited "see" New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC (2×)
N.Y. Sup. Ct. · 2017 · signal: see · confidence high
Farmers Exch. v AG Assets , 168 AD2d 822, 823 [3d Dept 1990]; see Doyon v Bascom , 38 AD2d 645, 645-646 [3d Dept 1971]).
examined Cited "see" Belair Care Ctr., Inc. v. Cool Insuring Agency, Inc. (3×)
N.Y. Sup. Ct. · 2017 · signal: see · confidence high
Farmers Exch., Inc. v AG Assets, Inc. , 168 AD2d 822, 823 [3d Dept 1990]; see Doyon v Bascom , 38 AD2d 645 [3d Dept 1971]).
discussed Cited "see" State of New York Higher Education Services Corp. v. McGarry
N.Y. App. Div. · 1989 · signal: see · confidence high
In so ruling, we deem plaintiff’s failure to present any evidence that defendant "could not be located prior to the expiration of the Statute of Limitations because of a change in her name and/or a change in her address” (Rachlin v Ortiz, 133 AD2d 76 ) to be fatal to its claim that the statute was tolled (supra; see, Doyon v Bascum, 38 AD2d 645, 645-646 ; cf., Thomas v Sousa, 51 AD2d 1028, 1029 , Iv dismissed 40 NY2d 806 , 989).
discussed Cited "see, e.g." Endervelt v. Slade
N.Y. Sup. Ct. · 1994 · signal: see also · confidence medium
If this were not so, the defendant would have to prove a knowledge in the plaintiff, which, in most cases, would be impossible.” (Mason v Henry, 152 NY 529, 539 [1897]; see also, Doyon v Bascom, 38 AD2d 645, 646 [3d Dept 1971]; Gaines v Huyler, 113 Misc 188, 194 [Sup Ct, Nassau County 1920], affd 206 App Div 777 [2d Dept 1923], affd 239 NY 611 [1925]; Miller v National City Bank, 69 F Supp 187, 196 [SD NY 1946], affd 166 F2d 723 [2d Cir 1948]; Shultz v Manufacturers & Traders Trust Co., 40 F Supp 675, 686 [WD NY 1941], affd 128 F2d 889 [2d Cir 1942].) While plaintiffs cite a series of cases …
Retrieving the full opinion text from the archive…
In the Matter of Elsie H. Flanagan
v.
Ewald B. Nyquist, as Commissioner of Education of the State of New York, and Board of Education of Union Free School District No. 6 of The Town of Southampton, Intervenor-Respondent
Appellate Division of the Supreme Court of the State of New York.
Dec 20, 1971.
38 A.D.2d 645
Cited by 1 opinion  |  Published

Appeal by the petitioners from a judgment of the Supreme Court at Special Term, entered in Albany County on July 7, 1971, which dismissed the petition herein upon the merits. The petitioners contested by way of an appeal to the respondent Commissioner the validity of a school district election at which the voters of the district approved a certain building program and the issuance of bonds to fund the project. The Commissioner refused to set aside the results of the election. The Commissioner specifically found that there was no constitutional infirmity as to the election in question by virtue of the fact that absentee ballots are not provided for in school district elections. Among other things, he noted that it did not appear that there were any qualified voters not present in the district on the day of election, and that finding is supported by the record. Accordingly, the petitioners’ attempt to raise such a constitutional issue in this article 78 proceeding is without merit. The petitioners further contend upon this appeal that a hearing should be directed as to the question of disparity between certain school districts as to the amount of money being spent on a per pupil basis in regard to the equality of education. This question was not properly raised in the prior proceedings and would appear to go to the issue of the constitutionality of a real property tax for the funding of school districts. The issue is not properly before us and we do not decide the same. There is no showing that the Commissioner has erred as a matter of law or that his determination was otherwise purely arbitrary. (Cf. Matter of Board of Educ. of Cent. School Dist. No. 2, Town of Oyster Bay v. Nyquist, 36 A D 2d 199, 201.) Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Sweeney and Simons, JJ., concur.