Devens v. Gokey, 179 N.E.2d 516 (NY 1961). · Go Syfert
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Devens v. Gokey, 179 N.E.2d 516 (NY 1961). Cases Citing This Book View Copy Cite
45 citation events (21 in the last 25 years) across 5 distinct courts.
Strongest positive: Speis v. Penfield Central Schools (nyappdiv, 2014-02-07)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited "see" Speis v. Penfield Central Schools
N.Y. App. Div. · 2014 · signal: see · confidence high
The petitioner must make his or her demand within a reasonable time after the right to make it occurs, or after the petitioner knows or should know of the facts which give him or her a clear right to relief, or else, the petitioner’s claim can be barred by the doctrine of laches” (Matter of Barresi v County of Suffolk, 72 AD3d 1076, 1076 [2010], lv denied 15 NY3d 705 [2010]; see Matter of Devens v Gokey, 12 AD2d 135, 136-137 [1961], affd 10 NY2d 898 [1961]; Matter of Chevron U.S.A.
discussed Cited "see" Speis v. Penfield Central Schools
N.Y. App. Div. · 2014 · signal: see · confidence high
The petitioner must make his or her demand within a reasonable time after the right to make it occurs, or after the petitioner knows or should know of the facts which give him or her a clear right to relief, or else, the petitioner’s claim can be barred by the doctrine of laches” (Matter of Barresi v County of Suffolk, 72 AD3d 1076, 1076 [2010], lv denied 15 NY3d 705 [2010]; see Matter of Devens v Gokey, 12 AD2d 135, 136-137 [1961], affd 10 NY2d 898 [1961]; Matter of Chevron U.S.A.
discussed Cited "see" SPEIS, LAURA v. PENFIELD CENTRAL SCHOOLS
N.Y. App. Div. · 2014 · signal: see · confidence high
The petitioner must make his or her demand within a reasonable time after the right to make it occurs, or after the petitioner knows or should know of the facts which give him or her a clear right to relief, or else, the petitioner’s claim can be barred by the doctrine of laches” (Matter of Barresi v County of Suffolk, 72 AD3d 1076, 1076 , lv denied 15 NY3d 705 ; see Matter of Devens v Gokey, 12 AD2d 135, 136-137 , affd 10 NY2d 898 ; Matter of Chevron U.S.A.
discussed Cited "see" DeWeerth v. Baldinger (2×)
2d Cir. · 1987 · signal: see · confidence high
See Devens v. Gokey, 12 A.D.2d 135, 137 , 209 N.Y.S.2d 94, 97 (4th Dep’t), aff'd, 10 N.Y.2d 898 , 223 N.Y.S.2d 515 , 179 N.E.2d 516 (1961); Curtis v. Board of Education, 107 A.D.2d 445, 448 , 487 N.Y.S.2d 439, 441 (4th Dep’t 1985).
discussed Cited "see" Gerda Dorothea Deweerth v. Edith Marks Baldinger, Defendant-Third-Party-Plaintiff-Appellant v. Wildenstein & Co., Inc., Third-Party-Defendant-Appellant (2×)
2d Cir. · 1987 · signal: see · confidence high
See Devens v. Gokey, 12 A.D.2d 135, 137 , 209 N.Y.S.2d 94, 97 (4th Dep't), aff'd, 10 N.Y.2d 898 , 223 N.Y.S.2d 515 , 179 N.E.2d 516 (1961); Curtis v. Board of Education, 107 A.D.2d 445, 448 , 487 N.Y.S.2d 439, 441 (4th Dep't 1985). 14 Baldinger asserts that DeWeerth's action is untimely because the delay between the painting's disappearance in Europe in 1945 and DeWeerth's demand for its return in 1982 was unreasonable.
discussed Cited "see, e.g." Schwartz v. Morgenthau
N.Y. App. Div. · 2005 · signal: see also · confidence low
However, “[t]his does not mean that the aggrieved party can, by delay in making his demand, extend indefinitely the period during which he is required to take action” (Austin, 5 NY2d at 442 ; see also Matter of Devens v Gokey, 12 AD2d 135 [1961], affd 10 NY2d 898 [1961]).
Retrieving the full opinion text from the archive…
In the Matter of Harry Devens
v.
J. Neil Gokey, as Commissioner of Public Safety of the City of Oswego
New York Court of Appeals.
Nov 16, 1961.
179 N.E.2d 516
Leyden E. Brown for appellant., Thomas F. Zaia for respondents.
Cited by 41 opinions  |  Published

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.