unlawful violation in New York

1916(In re Bleakley, 5 Paige, 311 .) Cases occur where the court exercises this jurisdiction over attorneys as officers of the court, in whose correct conduct as officers the dignity of the court itself is involved.

1873That the unlawful claim is made in good faith has never been held, in our courts, to be an answer to the proceeding. ( In re Bleakley, 5 Paige, 311 .) Cases occur where the court exercises this jurisdiction over attorneys as officers of the court, in whose correct conduct as officers the dignity of the court itself is involved.

1953In De Coss v. Turner & Blanchard ( 267 N. Y. 207, 211 ), where an employee twice sought recovery against his employer for the same injury, alleging first that injury was caused by the employer’s failure to provide a safe place to work and alleging next that it resulted from the carelessness of a fellow employee, we held that the matter was res judicata, Judge Lehman quoting with approval the following definition‘ A cause of action does not consist of facts, but the unlawful violation of a right which the facts show.' The number and variety of the facts alleged do not establish more than one ca

1936(DeCoss v. Turner & Blanchard, Inc., 267 N. Y. 207 ; Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 id. 304 .) “ A cause of action does not consist of facts, but of the unlawful violation of a right which the facts show.

2002Assoc. v Breslow, 174 Misc 2d 994 , affd 256 AD2d 110 .) Consequently, the subtenant argues, the lease creating a corporate tenancy, when he should have automatically been offered a renewal of the lease in his own name, constituted an unlawful waiver under the Code of his rights to a renewal lease.

2002Assoc. v Breslow, 174 Misc 2d 994 , affd 256 AD2d 110 .) Consequently, the subtenant argues, the lease creating a corporate tenancy, when he should have automatically been offered a renewal of the lease in his own name, constituted an unlawful waiver under the Code of his rights to a renewal lease.

1978Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the appointing officer may nominate a person to the state civil service department or municipal commission for non-competitive examination, and if such nominee shall be certified by such department or municipal commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination.” Since petitioner, a provisional employee, was never examined or certified by the commis

1975(Walla Walla v Walla Walla Water Co., 172 US 1 ; Dawson v Columbia Trust Co., 197 US 178 ; Greenberg v City of New York, 152 Misc 488 .) To require less would seriously undermine the salutary purpose of the Taylor Law "to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government.” (Civil Service Law, § 200.) In such connection, we have no desire to second guess, or usurp the functions of, any other branch of government in the budgetary process; o

1975(Walla Walla v Walla Walla Water Co., 172 US 1 ; Dawson v Columbia Trust Co., 197 US 178 ; Greenberg v City of New York, 152 Misc 488 .) To require less would seriously undermine the salutary purpose of the Taylor Law "to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government.” (Civil Service Law, § 200.) In such connection, we have no desire to second guess, or usurp the functions of, any other branch of government in the budgetary process; o

1975(Walla Walla v Walla Walla Water Co., 172 US 1 ; Dawson v Columbia Trust Co., 197 US 178 ; Greenberg v City of New York, 152 Misc 488 .) To require less would seriously undermine the salutary purpose of the Taylor Law "to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government.” (Civil Service Law, § 200.) In such connection, we have no desire to second guess, or usurp the functions of, any other branch of government in the budgetary process; o

1969On the other hand, if the resolution was adopted, as petitioner contends, not for the purpose of efficiency or economy, but to oust her from her position and permit the substitution of another person or persons, not appointed according to merit and fitness established by a competitive examination, to perform substantially the same or similar services previously performed by her, then the abolishment was not in good faith and the resolution has no effect since, under such circumstances, it would constitute an unlawful violation of petitioner’s rights under the Constitution and Civil Service Law

1953J. 299, 313-314.) And in the leading case of Schuylkill Fuel Corp. v. Nieberg Realty Corp. ( 250 N. Y. 304, 306-307 , Cardozo, Ch.

1936The number and variety of the facts alleged do not establish more than one cause of action so long as their result, whether they be considered severally or in combination, is the violation of but one right by a single legal wrong.” (Baltimore S. S. Co. v. Phillips, 274 U. S. 316 .) It follows that the judgment in the first action works as an estoppel here.

1903People v. Kane, 131 N. Y. 111 .

1903If the theory of “ substantial; invasion” is the proper theory in determining whether or not there¡ has been an unlawful violation of the Constitution, the courts might1 well have held in the Brenner case (Matter of Brenner, 170 N. Y. 185 ) that the act considered was constitutional because there was left to home rule the power of appointment and election of so many other officers that the taking away of a single office was not a substantial infringement.

1855And it was accordingly held in the case of Boynton v. Page, ( 13 Wend. 425 .) that a transfer of personal property, in this state, if made privately, although on a Sunday, was valid and passed a good title, notwithstanding the prohibition.