green
Positive treatment
Quoted verbatim 1×
6.0 score
“we see no merit in the contentions that summary judgment was improper because ... an earlier motion for summary judgment, which raised the same issues, had been denied.”
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Brown v. Pearson
we see no merit in the contentions that summary judgment was improper because ... an earlier motion for summary judgment, which raised the same issues, had been denied.
discussed
Cited "see"
People v. Newhall
The question of whether the incident occurred was therefore irrelevant in that it did not "tend[] to prove the existence or non-existence of a material fact, i.e., a fact directly at issue in the case," and County Court properly refused to allow testimony from defendant on that point ( People v Primo , 96 NY2d 351, 355 [2001]; see People v Johnson , 47 NY2d 785, 786-787 [1979], cert denied 444 US 857 [1979]; People v Hansel , 200 AD3d 1327, 1331 [2021], lv denied 38 NY3d 927 [2022]).
discussed
Cited "see"
Pereira v. Nelson (In Re Trace International Holdings, Inc.)
See Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118, 1121 (10th Cir.)(“A second motion for summary judgment is proper after a prior motion is dismissed, if supported by new material.”), cert. denied, 444 U.S. 856 , 100 S.Ct. 116 , 62 L.Ed.2d 75 (1979); Twin Lab., Inc. v. Weider Health & Fitness, 720 F.Supp. 31, 34 (S.D.N.Y. 1989)(same), aff'd, 900 F.2d 566 (2d Cir. 1990).
cited
Cited "see"
Thomas G. Koch v. City of Hutchinson
See generally, Id., Secs. 404-414. 26 28 U.S.C.
discussed
Cited "see"
United States v. Medina & Medina
See United States v. Glover, 596 F.2d 857 , 864 n. 12 (9th Cir.) cert. denied, 444 U.S. 857 , 100 S.Ct. 117 , 62 L.Ed.2d 76 (1979); see generally, United States v. Rogers, 751 F.2d 1074, 1076-80 (9th Cir.1985).
cited
Cited "see"
STATE MUT. LIFE ASSUR. CO. OF AM. v. Hampton
See, In re Estate of Mahoney, supra note 11, 220 A.2d at 478 and Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118 [10th Cir.1979], cert. denied 444 U.S. 856 , 100 S.Ct. 116 , 62 L.Ed.2d 75 .
cited
Cited "see"
State Mutual Life Assurance Co. of America v. Hampton
See, In re Estate of Mahoney, supra note 11, 220 A.2d at 478 and Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118 [10th Cir.1979], cert. denied 444 U.S. 856 , 100 S.Ct. 116 , 62 L.Ed.2d 75 .
cited
Cited "see"
Contract Custom Drapery Service, Inc. v. United States
See Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118, 1121 (10th Cir.1979), cert. denied, 444 U.S. 856 , 100 S.Ct. 116 , 62 L.Ed.2d 75 ; Kirby v. P.R.
cited
Cited "see"
United States v. Gregory Sackinger
See Saulsbury v. United States, 591 F.2d 1028, 1035 (5th Cir.), cert. denied, 444 U.S. 857 , 100 S.Ct. 118 , 62 L.Ed.2d 77 (1979).
discussed
Cited "see"
United States v. Dwight Armstrong
See United States v. Glover, 596 F.2d 857 (9th Cir.), cert. denied, 444 U.S. 857 , 100 S.Ct. 117 , 62 L.Ed.2d 76 (1979); United States v. Radlick, 581 F.2d 225 (9th Cir. 1978); United States v. Benveniste, 564 F.2d 335 (9th Cir. 1977); United States v. Flores, 540 F.2d 432 (9th Cir. 1976).
discussed
Cited "see, e.g."
Stegall v. Great American Insurance
Co., 205 Kan. at 93 , 468 P.2d at 283 ; see also Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118, 1124 (10th Cir.) cert. denied 444 U.S. 856 , 100 S.Ct. 116 , 62 L.Ed.2d 75 (1979)(under Oklahoma law, even if informant is mistaken about facts, he is insulated by full disclosure to police who make independent decision whether to charge plaintiff with crime).
discussed
Cited "see, e.g."
People v. Clausell
With respect to the "exculpatory” element of the defendant’s argument, it has been held that "evidence that the defendant may not have committed a crime he was not charged with is irrelevant and inadmissible * * * and is not exculpatory as to the charged crime” (People v Reynolds, 104 AD2d 611, 614 ; see also, People v Johnson, 47 NY2d 785 , cert denied 444 US 857 , affg 62 AD2d 555 ).
discussed
Cited "see, e.g."
Nancy Millensifer v. Retirement Plan for Salaried Employees of Cotter Corporation
Colorado Property Acquisitions, Inc. v. United States, 894 F.2d 1173 , 1175 n. 5 (10th Cir.1990); see also Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118, 1124 (10th Cir.) (affirming summary judgment when facts were sufficiently clear to permit a determination), cert. denied, 444 *1008 U.S. 856, 100 S.Ct. 116 , 62 L.Ed.2d 75 (1979).
discussed
Cited "see, e.g."
People v. Banks
And I was troubled, why would Leslie Bowen lie.” Any prejudice to defendant in the prosecutor’s attempt to offset this attack on Leslie Bowen’s credibility "was of defendant’s own making.” (People v Anthony, 24 NY2d 696, 704 ; see also, People v Torello, 94 AD2d 857 .) Improper summations must be assessed for their prejudicial effect (People v Brosnan, 32 NY2d 254, 262 ) and, in the context of this case, any alleged prosecutorial misconduct was not so egregious or prejudicial as to deprive defendant of a fair trial (see, People v Johnson, 47 NY2d 785, 787 , cert denied 444 US 857 ).
discussed
Cited "see, e.g."
People v. Bethune
Relevant evidence is defined as “ ‘evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence’ ” (People v Davis, 43 NY2d 17, 27 , cert den 435 US 998 , citing Uniform Rules of Evidence, rule 401 [1974]; see, also, People v Johnson, 47 NY2d 785, 787 , cert den 444 US 857 ; Richardson, Evidence [Prince, 10th ed], § 4).
discussed
Cited "see, e.g."
Jones v. Jackson
See, e.g., Saulsbury v. United States, 591 F.2d 1028, 1034 (5th Cir.), cert. denied, 444 U.S. 857 , 100 S.Ct. 118 -19, 62 L.Ed.2d 77 (1979); Gaddy v. Michael, 519 F.2d 669, 674 (4th Cir. 1975), cert. denied, 429 U.S. 998 , 97 S.Ct. 524 , 50 L.Ed.2d 608 (1976); Small v. Britton, 500 F.2d 299, 302 (10th Cir. 1974); Schoffner v. United States Board of Parole, 416 F.Supp. 759, 761-62 (M.D.Pa. 1976), aff’d, 547 F.2d 1164 (3d Cir. 1977).
Retrieving the full opinion text from the archive…
Johnson
v.
New York
v.
New York
No. 78-6810.
Supreme Court of the United States.
Oct 1, 1979.
Cited by 4 opinions | Published
Citer courts: Court of Appeals of South Caro… (1)
Ct. App. N. Y. Certiorari denied.