Lee v. Lewiston Constr. Corp., 844 N.E.2d 794 (NY 2006). · Go Syfert
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Lee v. Lewiston Constr. Corp., 844 N.E.2d 794 (NY 2006). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Wandersee v. Pretto (nyappdiv, 2020-05-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Matter of Wandersee v. Pretto
N.Y. App. Div. · 2020 · signal: see · confidence high
Although respondent contends that the incident where he hid in petitioner's closet was a joke or that he merely intended to startle petitioner, based on respondent's "conduct as well as the surrounding circumstances," the court had a reasonable basis to infer that respondent's intent was to harass, annoy or alarm petitioner ( People v Kelly , 79 AD3d 1642, 1642 [4th Dept 2010], lv denied 16 NY3d 832 [2011] [internal quotation marks omitted]; see generally Matter of Kristine Z. v Anthony C. , 21 AD3d 1319 , 1320 [4th Dept 2005], lv dismissed 6 NY3d 772 [2006]).
discussed Cited "see" Patricia H. v. Richard H.
N.Y. App. Div. · 2010 · signal: see · confidence high
Since “[o]ften there is no direct evidence of a [respondent’s] mental state” (People v Smith, 79 NY2d 309, 315 [1992]), intent may “be inferred from the act itself’ or from the respondent’s “conduct and the surrounding circumstances” (People v Bracey, 41 NY2d 296 , 301 [1977] [internal quotation marks and citations omitted]; see Matter of Kristine Z. v Anthony C., 21 AD3d 1319 , 1320 [2005], lv dismissed 6 NY3d 772 [2006]).
Retrieving the full opinion text from the archive…
LEE
v.
LEWISTON CONSTR. CORP.
New York Court of Appeals.
Jan 13, 2006.
844 N.E.2d 794
Published

Appeal withdrawn and discontinued.