Wingerter v. State, 446 N.E.2d 776 (N.Y. 1983). · Go Syfert
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Wingerter v. State, 446 N.E.2d 776 (N.Y. 1983). Cases Citing This Book View Copy Cite
“in a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance.”
25 citation events (3 in the last 25 years) across 7 distinct courts.
Strongest positive: Watkins v. Nelson (nj, 2000-04-06)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Watkins v. Nelson (4×) also: Cited as authority (rule)
N.J. · 2000 · signal: see · quote attribution · 2 verbatim quotes · confidence high
in a custody contest between parent and nonparent, the question of best interests is not reached absent a showing of surrender, abandonment, unfitness, persistent neglect or other extraordinary circumstance.
discussed Cited as authority (rule) McDermott v. Dougherty (2×)
Md. · 2005 · confidence medium
McW, 460 So.2d 368, 370 (Fla.1984) (stating parental presumption can be rebutted only if ‘detrimental to the welfare of the child’ based on an exceptional circumstances test); Carvalho v. Lewis, 247 Ga. 94 , 274 S.E.2d 471, 472 (1981) (applying unfitness or ‘compelling circumstances’ test and noting ‘[a] court is not allowed to terminate a parent’s natural right because it has determined that the child might have better financial, educational, or even moral advantages elsewhere’); Stockwell v. Stockwell, 116 Idaho 297 , 775 P.2d 611, 613 (1989) (requiring unfitness, abandonment, …
discussed Cited as authority (rule) V.C. v. M.J.B.
N.J. · 2000 · confidence medium
Sorentino v. Family & Children’s Soc’y of Elizabeth, 72 N.J. 127, 132 , 367 A.2d 1168 (1976); Adoption of M., 317 N.J.Super. 531, 541 , 722 A.2d 615 (Ch.Div.1998); see also Sider v. Sider, 334 Md. 512 , 639 A.2d 1076, 1085 (1994)(stating that presumption of parental fitness can be overcome upon showing of unfitness or exceptional circumstances); Cotton v. Wise, 977 S.W.2d 263, 265 (Mo.1998)(requiring unfitness, abandonment, or extraordinary circumstances before terminating parental rights); Merritt v. Way, 58 N.Y.M 850, 460 N.Y.S.2d 20 , 446 N.E.2d 776, 777 (1983)(stating that surrender, a…
discussed Cited as authority (rule) Vc v. Mjb
N.J. · 2000 · confidence medium
Div.1998); see also Sider v. Sider, 334 Md. 512 , 639 A. 2d 1076, 1085 (1994)(stating that presumption of parental fitness can be overcome upon showing of unfitness or exceptional circumstances); Cotton v. Wise, 977 S.W. 2d 263, 265 (Mo.1998)(requiring unfitness, abandonment, or extraordinary circumstances before terminating parental rights); Merritt v. Way, 58 N.Y. 2d 850 , 460 N.Y.S. 2d 20 , 446 N.E. 2d 776, 777 (1983)(stating that surrender, abandonment, unfitness, persistent neglect, or other extraordinary circumstance will result in termination of right to custody).
cited Cited "see" Penzell v. State
nyclaimsct · 1983 · signal: see · confidence high
(Noseworthy v City of New York, 298 NY 76, 80 ; see Wingerter v State of New York, 58 NY2d 848 .) .
Retrieving the full opinion text from the archive…
Betty Wingerter, as Administratrix of the Estate of Peter P. Wingerter, Deceased, Respondent,
v.
State of New York, Appellant
Claim 54724.
New York Court of Appeals.
Feb 8, 1983.
446 N.E.2d 776
1983 N.Y. LEXIS 2844
APPEARANCES OF COUNSEL, Robert Abrams, Attorney-General (Henderson G. Riggs, Peter H. Schiff and Jeremiah Jochnowitz of counsel), for appellant., Sheldon Hurwitz and Dan D. Kohane for respondent.
Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons Concur.
Cited by 21 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

In this wrongful death action, brought on the theory that the State was negligent in designing, constructing and maintaining a highway, it cannot be said as a matter of law that the findings on negligence and causation made by the Court of Claims and affirmed by the Appellate Division are not supported by the record as a whole (see Padula v State of New York, 48 NY2d 366, 371). All the more is this so since “in a death case a plaintiff is not held to as high a degree of proof of the cause of action as where an injured plaintiff can himself describe the occurrence” (Noseworthy v City of New York, 298 NY 76, 80).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Judgment appealed from, etc.