green
Positive treatment
14.9 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Burton v. Abraham
Id. (citing inter alia Williams v. Moore, 197 A.D.2d 511, 513 (2d Dep’t 1993); People v. Howard, 152 A.D.2d 325, 329 (2d Dep’t 1989), appeal denied, 75 N.Y.2d 814 (1990); People v. Sweeper, 127 A.D.2d 507, 509 (1st Dep't 1987)).
discussed
Cited as authority (rule)
Thomas v. City of New York
Because plaintiff was acquitted of all charges in the underlying criminal case, he could not appeal the Mapp hearing decision and therefore, it was not sufficiently final to be accorded collateral estoppel effect ( see Davidson v City of New York , 155 AD3d 544, 544 [1st Dept 2017]; Williams v Moore , 197 AD2d 511, 513 [2d Dept 1993]).
discussed
Cited as authority (rule)
Medina v. City of New York
Where, as here, an arrest is made without a warrant, “a presumption arises that it was unlawful, and [defendants have] the burden of proving that . . . the arrest was based on probable cause” (Williams v Moore, 197 AD2d 511, 513-514 [2d Dept 1993]).
discussed
Cited as authority (rule)
Medina v. City of New York
Where, as here, an arrest is made without a warrant, “a presumption arises that it was unlawful, and [defendants have] the burden of proving that . . . the arrest was based on probable cause” (Williams v Moore, 197 AD2d 511, 513-514 [2d Dept 1993]).
discussed
Cited as authority (rule)
Fortunato v. City of New York
Although a witness’s identification of a suspect generally may be sufficient to establish probable cause (see Smith v County of Nassau, 34 NY2d 18, 25 [1974]; Williams v Moore, 197 AD2d 511, 514 [1993]; Berson v City of New York, 122 AD2d 7, 9 [1986]; People v Brewster, 100 AD2d 134, 141 [1984]), “failure to make further inquiry when a reasonable person would have done so may be evidence of lack of probable cause” (Carlton v Nassau County Police Dept., 306 AD2d 365, 366 [2003]).
discussed
Cited as authority (rule)
Garcia v. O'Keefe
In view of the foregoing, we find that the officer’s conduct did not rise to the level of wantonness and maliciousness which would allow for the recovery of punitive damages (Guion v Associated Dry Goods Corp. [Lord & Taylor Div.], 43 NY2d 876, 877-878 [1978]; Williams v Moore, 197 AD2d 511, 514 [1993]).
discussed
Cited as authority (rule)
Landow v. Town of Amherst
Damages resulting from postarraignment incarceration are attributable only to the tort of malicious prosecution, for which the court awarded no damages (see Williams v Moore, 197 AD2d 511, 514 [1993]).
discussed
Cited as authority (rule)
Morley v. Quinones
"That determination [the interlocutory judgment in Newman], therefore, was not 'sufficiently final to be accorded collateral estoppel effect’ in the instant action” (Williams v Moore, 197 AD2d 511, 513 [and cases cited therein]).
discussed
Cited "see"
Matter of Save Monroe Ave., Inc. v. Town of Brighton
Here, although there is no dispute that petitioners litigated the issues raised in the second and third causes of action in a prior proceeding, resulting in an interlocutory order, that prior order does not have preclusive effect here because petitioners have thus far been "prevented . . . from obtaining appellate review" ( Morley v Quinones , 208 AD2d 813, 814 [2d Dept 1994]; see Williams v Moore , 197 AD2d 511, 513 [2d Dept 1993]; Zangiacomi v Hood , 193 AD2d 188, 195 [1st Dept 1993]).
cited
Cited "see"
Lynskey v. Bailey
Bank, 62 AD2d 1140 [1978]; see generally Williams v Moore, 197 AD2d 511 [1993] [damages for false arrest not recoverable for period of time after plaintiff was arraigned]).
discussed
Cited "see, e.g."
Augustine v. Sugrue
Under the circumstances, the appellant did not have a full and fair opportunity to litigate the issue of Sugrue’s negligence (see Matter of Juan C. v Cortines, supra at 672; People v Sailor, 65 NY2d 224 , 229 [1985], cert denied 474 US 982 [1985]; People v Medina, 208 AD2d 771, 772 [1994]; Johnson v Watkins, 101 F3d 792, 793, 795-796 [1996]; Restatement [Second] of Judgments § 28 [1]; see also Williams v Moore, 197 AD2d 511, 513 [1993]; People v Howard, 152 AD2d 325, 329 [1989]).
discussed
Cited "see, e.g."
Kyle Johnson Leticia Johnson v. Ivan Watkins Chris Calloway
See, e.g., Williams v. Moore, 197 A.D.2d 511, 513 , 602 N.Y.S.2d 199 (App. Div.2d Dep’t 1993); People v. Howard, 152 A.D.2d 325, 329 , 548 N.Y.S.2d 785 (App. Div.2d Dep’t 1989), appeal denied, 75 N.Y.2d 814 , 552 N.Y.S.2d 564 , 551 N.E.2d 1242 (1990); People v. Sweeper, 127 A.D.2d 507, 509 , 511 N.Y.S.2d 860 (App. Div. 1st Dep’t 1987); accord Wilson v. Steinhoff, 718 F.2d 550, 552 (2d Cir.1983) (“[pretrial suppression hearing order] was neither a final judgment nor an essential precursor to what was in fact the final judgment, the' unappealable judgment of acquittal”); Crespo v. New …
Retrieving the full opinion text from the archive…
Patrice Sutphen
v.
Metropolitan Insurance and Annuity Company
v.
Metropolitan Insurance and Annuity Company
Appellate Division of the Supreme Court of the State of New York.
Oct 4, 1993.
Published
Appeal by the plaintiff from an order of the Supreme Court, Suffolk County (Doyle, J.), entered March 18, 1991.
Ordered that the order is affirmed, with costs, for reasons stated by Justice Doyle at the Supreme Court. Rosenblatt, J. P., Lawrence, O’Brien and Ritter, JJ., concur.