green
Positive treatment
3.8 score
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004
2015
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited "see"
Veltri v. New York State Office of the State Comptroller
“This [C]ourt has consistently construed Navigation Law § 181 (1) so as to impose liability on the owner of a system from which a discharge occurred in the absence of evidence that the owner caused or contributed to the discharge” (Matter of White v Regan, 171 AD2d 197, 199-200 [1991], lv denied 79 NY2d 754 [1992] [citations omitted]; see Golovach v Bellmont L.M., 4 AD3d 730, 731 [2004], lv dismissed 2 NY3d 793 [2004]; Matter of 310 S. Broadway Corp. v McCall, 275 AD2d 549, 549 [2000], lv denied 96 NY2d 701 [2001]; State of New York v New York Cent.
discussed
Cited "see"
State v. C.J. Burth Services, Inc.
Accordingly, we have consistently held system owners strictly liable for the cost of remediation under Navigation Law § 181 (1) “even in the absence of any evidence that the owner caused or contributed to the discharge” (State of New York v Dennin, 17 AD3d 744, 745 [2005], lv dismissed 5 NY3d 824 [2005]; see Golovach v Bellmont L.M., 4 AD3d 730, 731 [2004], lv dismissed 2 NY3d 793 [2004]; Matter of 310 S. Broadway Corp. v McCall, 275 AD2d 549, 549 [2000], lv denied 96 NY2d 701 [2001]; State of New York v Arthur L.
discussed
Cited "see"
Hoffler v. Jacon
Consequently, petitioner was never placed in jeopardy even though the trial proceeded to its conclusion (see CPL 40.30 [3]; Matter of Stewart v Hartnett, 34 AD3d at 1136; People v Mergenthaler, 13 AD3d at 985 ; see generally Matter of Kelly v Bruhn, 3 AD3d 783, 784 [2004], appeal dismissed 2 NY3d 793 [2004], lv denied 3 NY3d 698 [2004]; Matter of Cheatom v Kreindler, 173 AD2d 703, 703 [1991]; Matter of Chang v Rotker, 155 AD2d 49, 54-55 [1990]). 3 Nor are we persuaded that double jeopardy principles are implicated because the fundamental error here—failure to properly administer the oath to …
discussed
Cited "see, e.g."
Bagley v. Moffett
Defendants’ motion papers included a copy of the complaint and the answer and, therefore, defendants complied with the requirements of CPLR 3212 (b) by tendering the relevant pleadings (see CPLR 3011; compare Bonded Concrete v Town of Saugerties, 3 AD3d 729, 730 [2004], lv dismissed 2 NY3d 793 [2004]).
discussed
Cited "see, e.g."
Bagley v. Moffett
Defendants’ motion papers included a copy of the complaint and the answer and, therefore, defendants complied with the requirements of CPLR 3212 (b) by tendering the relevant pleadings (see CPLR 3011; compare Bonded Concrete v Town of Saugerties, 3 AD3d 729, 730 [2004], lv dismissed 2 NY3d 793 [2004]).
Retrieving the full opinion text from the archive…
DOF Holdings, LLC
v.
Bove
v.
Bove
Published
Motion for leave to appeal/appeal dismissed on finality ground.