Yan Lin v. J & He Transp., Inc., 122 A.D.3d 415 (N.Y. App. Div. 2014). · Go Syfert
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Yan Lin v. J & He Transp., Inc., 122 A.D.3d 415 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Ariel A.T.R. (Timothy R.) (nyappdiv, 2023-12-21)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Ariel A.T.R. (Timothy R.)
N.Y. App. Div. · 2023 · confidence medium
The evidence adduced at the fact-finding hearing established that the father received a childhood diagnosis of bipolar disorder and depression, that he lacked insight into his illness and need for treatment, and that his mental condition interfered with his judgment and parenting abilities, thus placing his infant son at imminent risk of physical, mental, or emotional impairment ( see Matter of Ruth Joanna O.O. [Melissa O.] , 149 AD3d 32, 39 [1st Dept 2017], affd 30 NY3d 985 [2017]; Matter of Karma C. [Tenequa A.] , 122 AD3d 415, 416 [1st Dept 2014]).
discussed Cited as authority (rule) Matter of N. A. S. (V. H.--S. S.)
N.Y. App. Div. · 2023 · confidence medium
A preponderance of the evidence adduced at the fact-finding hearing established that the mother was suffering from mental illness and lacked insight into the need for treatment, and that her mental condition interfered with her judgment and parenting abilities, thus placing the child, who was a year old and totally dependent on her, at imminent risk of physical, mental, or emotional impairment ( see Family Court Act § 1046[b][i]; § 1012[f][i][B]; Matter of Karma C. [Tenequa A.] , 122 AD3d 415, 416 [1st Dept 2014]; Matter of Yamailiz G. [Yamara R.] , 178 AD3d 610 , 610 [1st Dept 2019]).
discussed Cited as authority (rule) Matter of N. A. S. (V. H.--S. S.)
N.Y. App. Div. · 2023 · confidence medium
A preponderance of the evidence adduced at the fact-finding hearing established that the mother was suffering from mental illness and lacked insight into the need for treatment, and that her mental condition interfered with her judgment and parenting abilities, thus placing the child, who was a year old and totally dependent on her, at imminent risk of physical, mental, or emotional impairment ( see Family Court Act § 1046[b][i]; § 1012[f][i][B]; Matter of Karma C. [Tenequa A.] , 122 AD3d 415, 416 [1st Dept 2014]; Matter of Yamailiz G. [Yamara R.] , 178 AD3d 610 , 610 [1st Dept 2019]).
discussed Cited as authority (rule) Matter of Jalicia G. (Jacqueline G.)
N.Y. App. Div. · 2015 · confidence medium
The evidence that the mother had been diagnosed with a mental illness for which she did not seek treatment, while not alone a basis for a finding of neglect, supported the finding of neglect since she displayed a lack of insight into the effect of her illness on her ability to care for the young child (see Matter of Karma C. [Tenequa A.], 122 AD3d 415, 416 [1st Dept 2014]; Matter of Jonathan S. [Ismelda S.], 79 AD3d 539 [1st Dept 2010]).
Retrieving the full opinion text from the archive…
Yan Lin Et Al., Respondents,
v.
J & He Transportation, Inc., Et Al., Appellants, Et Al., Defendants
13408 104524/10.
Appellate Division of the Supreme Court of the State of New York.
Nov 6, 2014.
122 A.D.3d 415
Mazzarelli, Acosta, Degrasse, Clark.
Published

Order, Supreme Court, New York County (George J. Silver, J.), entered May 24, 2013, which, to the extent appealed from, denied the motion of defendants J & He Transportation, Inc. (J&He) and New Hong Kong for summary judgment dismissing plaintiff Yan Lin’s complaint against them, unanimously affirmed, without costs.

While defendants J&He and New Hong Kong neither owned nor operated the vehicle at issue, plaintiff Yan Lin raised triable issues of fact as to whether she reasonably relied upon the alleged misrepresentation of the driver, defendant Xiong Lin, that he was operating the vehicle on J&He’s behalf, because of some misleading conduct on the part of J&He (see Hallock v State of New York, 64 NY2d 224, 231 [1984]; Fogel v Hertz Intl, 141 AD2d 375, 376 [1st Dept 1988]).

Concur — Mazzarelli, J.P, Acosta, DeGrasse and Clark, JJ.