subject of judicial inquiry in New York

2024In any event, the doctrine of emblements already provides a tenant farmer with a right of reentry for the purpose of harvesting ( see Dinwiddie v Jordan , 228 SW at 128 ; compare Gregg v Boyd , 69 Hun 588 , 23 NYS at 919 ), undermining the majority's reasoning.

2024In any event, the doctrine of emblements already provides a tenant farmer with a right of reentry for the purpose of harvesting ( see Dinwiddie v Jordan , 228 SW at 128 ; compare Gregg v Boyd , 69 Hun 588 , 23 NYS at 919 ), undermining the majority's reasoning.

1979(Cf. Bacon v Miller, 247 NY 311, 318-319 .) The burden of showing bad faith and the like rests upon those attacking the validity of the abolition.

1975It is axiomatic that an appointing official has the power to abolish a civil service position when acting in good faith, and, in the absence of fraud or corruption, the motivations of the members of a legislative body are not the proper subject of judicial inquiry (Bacon v Miller, 247 NY 311, 318 ; Michaelis v City of Long Beach, 46 AD2d 772 ).

1996Consideration is, of course, an essential element of a contract, but so long as "something of 'real value in the eye of the law’ was exchanged” the adequacy of the consideration is not a proper subject of judicial inquiry (Apfel v Prudential-Bache Sec., 81 NY2d 470, 476 ).

1979(Cf. Matter of Turner v Berle, 61 AD2d 712, 714-715 .) In the absence of fraud, corruption or bad faith, the motives of a legislative body exercising such a power may not be made the subject of judicial inquiry.

1975It is axiomatic that an appointing official has the power to abolish a civil service position when acting in good faith, and, in the absence of fraud or corruption, the motivations of the members of a legislative body are not the proper subject of judicial inquiry (Bacon v Miller, 247 NY 311, 318 ; Michaelis v City of Long Beach, 46 AD2d 772 ).

1927In Tompkins v. Pallas ( 47 Misc. 309 ) a license to place advertising on the fence surrounding Bryant Park during the construction of the public library was declared to be illegal, and the fact that the city derived, a revenue therefrom was held immaterial, since the parks are not intended as revenue producing property.

1924Another distinction is mentioned in Matter of Bernardi, 133 App. Div. 510 , where conditions not alien to our problem were the subject of judicial inquiry.

1923Such an action has been held to be an inappropriate remedy for correcting or preventing .illegal action on the part of civil service commissioners. “ The official acts of the commission in executing the commands of the statute are not judicial, in the technical sense; they are executive and ministerial, in their nature, and, therefore, are to be reached, when they become the subject of judicial inquiry, by way of the writ of mandamus.” (Slavin v. McGuire, 205 N. Y. 84 .) The order denying the motion for a temporary injunction in this action should, therefore, be affirmed, without costs, solely

1907(Allen v. Charlestown, 109 Mass. 243 .) ” “ The' ruling * * * that no benefit could be set- off which was shared in common with other estates on the highway from which no land had been taken * * * was. clearly erroneous. *" *. * The amount of peculiar benefit thus accruing-to it (i. e., property of which no part is taken) may never -be the subject of judicial inquiry, because no- land being taken,, no proceedings for damages cáh be- instituted; But the benefit, it--receives is none the less direct on that account.” In Cole v. Boston ( 181 Mass. 374 ), Barker, J., said: “The damages to be award

1907(Allen v. Charlestown, 109 Mass. 243 .) ” “ The' ruling * * * that no benefit could be set- off which was shared in common with other estates on the highway from which no land had been taken * * * was. clearly erroneous. *" *. * The amount of peculiar benefit thus accruing-to it (i. e., property of which no part is taken) may never -be the subject of judicial inquiry, because no- land being taken,, no proceedings for damages cáh be- instituted; But the benefit, it--receives is none the less direct on that account.” In Cole v. Boston ( 181 Mass. 374 ), Barker, J., said: “The damages to be award

1907If the special benefit equals or exceeds the amount of damages ascertained by this rule, the land, owner is not entitled to a verdict for damages.” . '• Mr. Justice Brewer,, whe.n a member of the- Supreme Court of the State of Kansas, in Commissioners of Pottawatomie Co. v. O'Sullivan ( 17 Kans. 58 ) stated the rule as-follows : “ But this compensation is secured if the individual receive an amount: which, with the direct benefits accruing, will equal the loss sustained by the appropriation.

1903Matter of Myers, 131 N. Y. 409 , 30 N. E. 135 .

1903Matter of Myers, 131 N. Y. 409 , 30 N. E. 135 .

1902Most of the transactions in question in this action have been the subject of judicial inquiry and determination, in the case of Metcalf v. Moses, reported in 22 Misc.

1902Rep. 664 , 35 App. Div. 596 , and 161 N. Y. 587 .

1902Rep. 664 , 35 App. Div. 596 , and 161 N. Y. 587 .

1892Chapman v. Hammersley, 4 Wend. 175 ; Wells v. Chapman , 4 Sandf.