42 New York opinions name it 3 courts 1894–2025 9 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
North v. Board of Examinersgreen2 sentences2024Pursuant to the essential elements test, a court must "compare the elements of the foreign [*2]offense with the analogous New York offense to identify points of overlap" and, "where the offenses overlap but the foreign offense also criminalizes conduct not covered under the New York offense, the [court] must review the conduct underlying the foreign conviction to determine if that conduct is, in fact, within the scope of the New York offense" ( Matter of North v Board of Examiners of Sex Offenders of State of N.Y. , 8 NY3d 745, 753 [2007]; see People v Perez , 35 NY3d at 93). 2024Thus, the conduct of which defendant was convicted under the Kansas statute, if committed in New York, would have amounted to a sexually violent offense under New York law ( see North , 8 NY3d at 753 ), regardless of whether we begin our analysis with the essential elements test or the unchallenged conduct described in the case summary. | 5 | 7 |
People v. Cremeansgreen2 sentences2024People v Hicks , 203 AD3d 1679, 1679-1680 [4th Dept 2022], lv denied 38 NY3d 910 [2022]; People v Smith , 199 AD3d 1188, 1191-1192 [3d Dept 2021]; People v Cremeans , 194 AD3d 1369, 1370-1371 [4th Dept 2021], lv denied 37 NY3d 910 [2021]; People v Bean , 190 AD3d 622 , 622-623 [1st Dept 2021], lv denied 36 NY3d 913 [2021]; People v Smith , 175 AD3d 572 , 573 [2d Dept 2019]). 2023In circumstances where the offenses overlap but the foreign offense also criminalizes conduct not covered under the New York offense, the Board must review the conduct underlying the foreign conviction to determine if that conduct is, in fact, within the scope of the New York offense" ( Matter of North v Board of Examiners of Sex Offenders of State of N.Y. , 8 NY3d 745, 753 [2007]; see People v Perez , 35 NY3d 85 , 93 [2020], rearg denied 35 NY3d 986 [2020]; People v Cremeans , 194 AD3d 1369, 1370 [4th Dept 2021], lv denied 37 NY3d 910 [2021]). | 3 | 3 |
Alvarez v. Prospect Hospitalgreen2 sentences2010General allegations of medical malpractice, merely conclusory in nature and unsupported by competent evidence tending to establish the essential elements of the claim, are insufficient to defeat a defendant physician’s entitlement to summary judgment (see Alvarez v Prospect Hosp., 68 NY2d at 325 ). 2007In opposition to the motions, plaintiff submitted the affidavit of an expert that contained only “ ‘[g]eneral allegations of medical malpractice, [which were] merely conclusoiy in nature and unsupported by competent evidence tending to establish the essential elements of the claim’ ” (Mendez, 295 AD2d at 488 ; see Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]). | 2 | 4 |
Misicki v. Caradonnagreen2 sentences2025We decline to consider that alternative basis for affirmance, sua sponte, for the first time on appeal ( see generally Misicki v Caradonna , 12 NY3d 511, 519 [2009]). 2024Lindley, J.P., Keane, and Hannah, JJ., concur; Curran, J., concurs in the following memorandum: I respectfully concur with the majority insofar as it concludes that the matter must be remitted to County Court for consideration of whether defendant is a sexually violent offender under the essential elements test found in the first disjunctive clause of Correction Law § 168-a (3) (b) ( see generally CPLR 5522 [a]; People v Weber , 40 NY3d 206 , 211-212 [2023])—an issue the majority properly declines to consider as an alternative basis for affirmance, sua sponte, for the first time on appeal ( se | 2 | 2 |
Steele v. Watsongreen2 sentences2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). 2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). | 2 | 2 |
People v. Diazgreen2 sentences2025"The Adam Walsh Child Protection and Safety Act of 2006, which superseded the JWA, continues to place compliance requirements on states subject to guidelines issued by the Attorney General" ( People v Diaz , 32 NY3d at 541; see 34 USC §§ 20912, 20927). 2025"After several amendments to the JWA, including Megan's Law as well as the Pam Lychner Act, Congress added a reciprocity requirement in 1997" ( People v Diaz , 32 NY3d at 541 [footnotes omitted]). | 1 | 2 |
People v. Smithgreen2 sentences2024People v Hicks , 203 AD3d 1679, 1679-1680 [4th Dept 2022], lv denied 38 NY3d 910 [2022]; People v Smith , 199 AD3d 1188, 1191-1192 [3d Dept 2021]; People v Cremeans , 194 AD3d 1369, 1370-1371 [4th Dept 2021], lv denied 37 NY3d 910 [2021]; People v Bean , 190 AD3d 622 , 622-623 [1st Dept 2021], lv denied 36 NY3d 913 [2021]; People v Smith , 175 AD3d 572 , 573 [2d Dept 2019]). 2024People v Smith , 199 AD3d at 1191 ). | 1 | 1 |
People v. Knoxgreen1 sentence2024In sum, defendant failed to establish that he was not a sexually violent offender under New York law and, as such, there can be no violation of his "constitutionally-protected liberty interest, applicable in a substantive due process context, in not being required to register under an incorrect [designation]" ( Knox , 12 NY3d at 66 [emphasis added]). | 1 | 1 |
People v. Hicksgreen1 sentence2024People v Hicks , 203 AD3d 1679, 1679-1680 [4th Dept 2022], lv denied 38 NY3d 910 [2022]; People v Smith , 199 AD3d 1188, 1191-1192 [3d Dept 2021]; People v Cremeans , 194 AD3d 1369, 1370-1371 [4th Dept 2021], lv denied 37 NY3d 910 [2021]; People v Bean , 190 AD3d 622 , 622-623 [1st Dept 2021], lv denied 36 NY3d 913 [2021]; People v Smith , 175 AD3d 572 , 573 [2d Dept 2019]). | 1 | 1 |
People v. Bullockgreen1 sentence2021In circumstances where the offenses overlap but the foreign offense also criminalizes conduct not covered under the New York offense, the Board must review the conduct underlying the foreign conviction to determine if that conduct is, in fact, within the scope of the New York offense" ( Matter of North v Board of Examiners of Sex Offenders of State of N.Y. , 8 NY3d 745, 753 [2007]; see People v Perez , 35 NY3d 85 , 92-94 [2020], rearg denied 35 NY3d 986 [2020]; People v Bullock , 125 AD3d 1, 3 [1st Dept 2014], lv denied 24 NY3d 915 [2015]). | 1 | 1 |
State of New York v. Rashidgreen1 sentence2011Respondent was incarcerated on a sex offense approaching the end of his incarceration, and a case could be made that he “requir[ed] civil manage ment.” (Rashid, 16 NY3d at 16 [Legislature intended article 10 to deal with civil management of sex offenders who are completing their prison terms].) However, the petition cannot survive merely because it sufficiently stated a claim at the time of filing. | 1 | 1 |
Braddock v. Braddockgreen1 sentence2010The essential elements of a claim for fraudulent inducement are “the misrepresentation of a material fact, which was known by the defendant to be false and intended to be relied on when made, and that there was justifiable reliance and resulting injury.” (Braddock v Braddock, 60 AD3d 84, 86 [1st Dept 2009].) “Although the issue of justifiable reliance is generally a question of fact that is not amenable to summary resolution ... we have held that ‘[a]s a matter of law, a sophisticated plaintiff cannot establish that it entered into an arm’s length transaction in justifiable reliance on alleged | 1 | 1 |
Ventur Group, LLC v. Finnertygreen1 sentence2010The essential elements of a claim for fraudulent inducement are “the misrepresentation of a material fact, which was known by the defendant to be false and intended to be relied on when made, and that there was justifiable reliance and resulting injury.” (Braddock v Braddock, 60 AD3d 84, 86 [1st Dept 2009].) “Although the issue of justifiable reliance is generally a question of fact that is not amenable to summary resolution ... we have held that ‘[a]s a matter of law, a sophisticated plaintiff cannot establish that it entered into an arm’s length transaction in justifiable reliance on alleged | 1 | 1 |
NY Univ. v. CONT'L INS COgreen1 sentence2009Co., 87 NY2d 308, 318 [1995]; Channel Master Corp. v Aluminium Ltd. | 1 | 1 |
Channel Master Corp. v. Aluminium Limited Sales, Inc.green1 sentence2007Sales, 4 NY2d 403, 406-407 [1958]). | 1 | 1 |
Blume v. A & R Fuels, Inc.green1 sentence2007Accordingly, the Supreme Court correctly found that the plaintiffs allegations failed to set forth the essential elements of a claim for tortious interference with contractual relations (id.; see Blume v A & R Fuels, Inc., 32 AD3d 811, 812 [2006]; Conciatori v Longworth, 259 AD2d 459, 460 [1999]). | 1 | 1 |
Conciatori v. Longworthgreen1 sentence2007Accordingly, the Supreme Court correctly found that the plaintiffs allegations failed to set forth the essential elements of a claim for tortious interference with contractual relations (id.; see Blume v A & R Fuels, Inc., 32 AD3d 811, 812 [2006]; Conciatori v Longworth, 259 AD2d 459, 460 [1999]). | 1 | 1 |
| McGrath v. Toys \R\" USred | 1 | 1 |
| Patrick C. Jackan, United States of America, Intervenor v. New York State Department of Laborgreen | 1 | 1 |
| United Commodities-Greece v. Fidelity International Bankgreen | 1 | 1 |
| Karlsons v. Guerinotgreen | 1 | 1 |
| Porter v. Uniroyal Goodrich Tire Co.green | 1 | 1 |
| Schel v. Rothgreen | 1 | 1 |
| Restrepo v. Stategreen | 1 | 1 |
| Restrepo v. Stategreen | 1 | 1 |
| Otis Elevator Co. v. Stategreen | 1 | 1 |
| Young v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kramer v. Rosenthal
green
2 sentences2003“General allegations of medical malpractice, merely conclusory in nature and unsupported by competent evidence tending to establish the essential elements of the claim, are insufficient to defeat a defendant physician’s entitlement to summary judgment” (Kramer v Rosenthal, 224 AD2d 392 [1996]). 1998The plaintiffs’ conclusory allegations of malpractice, unsupported by competent evidence tending to establish the essential elements of their claim, were insufficient to defeat the defendant’s motion (cf, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 ; Kramer v Rosenthal, 224 AD2d 392 ; see generally, Annotation, Veterinary Malpractice, 71 ALR4th 811, 821-822; compare, Matter of Restrepo v State of New York, 146 Misc 2d 349 , affd 179 AD2d 804 ). | 4 | 1996–2003 |
Citibank, N. A. v. Saratoga Condominium
green
2 sentences1998The requisite elements of proof in a medical malpractice action are a deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage (see, Bloom v City of New York, 202 AD2d 465 )” (Kramer v Rosenthal, 224 AD2d 392 ). 1996The requisite elements of proof in a medical malpractice action are a deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage (see, Bloom v City of New York, 202 AD2d 465 ). | 3 | 1996–1998 |
Velie v. Ellis Law, P.C.
green
2 sentences2015Where the motion is premised on an argument that the plaintiff could not succeed on her claim below, it is the defendant’s burden to demonstrate that the plaintiff would be unable to prove one of the essential elements of her claim (see *596 Velie v Ellis Law, P.C., 48 AD3d 674 [2d Dept 2008]). 2011Where the motion is premised on an argument that the plaintiff could not succeed on her claim below, it is defendant’s burden to demonstrate that the plaintiff would be unable to prove one of the essential elements of her claim (see Velie v Ellis Law, P.C., 48 AD3d 674 [2008]). | 2 | 2011–2015 |
61 West 62 Owners Corp. v. CGM EMP LLC
green
2 sentences2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). 2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). | 2 | 2012–2012 |
People v. Thanh Do
green
2 sentences2012Defendants failed to sustain their burden on summary judgment of demonstrating that plaintiff would be unable to prove one of the essential elements of his claim (see Sabalza v Salgado, 85 AD3d 436 [1st Dept 2011]). 2012Defendants failed to sustain their burden on summary judgment of demonstrating that plaintiff would be unable to prove one of the essential elements of his claim (see Sabalza v Salgado, 85 AD3d 436 [1st Dept 2011]). | 2 | 2012–2012 |
61 West 62 Owners Corp. v. CGM EMP LLC
green
2 sentences2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). 2012On the contrary, the record demonstrated that plaintiffs decedent had viable causes of action for breach of the warranty of habitability and nuisance against defendants in the underlying action (see 61 W. 62 Owners Corp. v CGM EMP LLC, 77 AD3d 330 [1st Dept 2010], affd in part, mod in part 16 NY3d 822 [2011]; Misra v Yedid, 37 AD3d 284, 285 [1st Dept 2007]). | 2 | 2012–2012 |
Toledo v. Ordway
green
2 sentences1998General allegations of medical malpractice, merely conclusory in nature and unsupported by competent evidence tending to establish the essential elements of the claim, are insufficient to defeat a defendant physician’s entitlement to summary judgment (see, Alvarez v Prospect Hosp., supra; Toledo v Ordway, supra). 1996General allegations of medical malpractice, merely conclusory in nature and unsupported by competent evidence tending to establish the essential elements of the claim, are insufficient to defeat a defendant physician’s entitlement to summary judgment (see, Alvarez v Prosepct Hosp., supra; Toledo v Ordway, supra). | 2 | 1996–1998 |
People v. Major
green
2 sentences1991The defendant’s failure to retreat and the number of stab wounds sustained by the decedent negate the essential elements of the defense (see, People v Turner, 165 AD2d 798 ; People v Major, 116 AD2d 594 ). 1990(People v Major, 116 AD2d 594, 595 , lv denied 67 NY2d 886 .) Concur — Kupferman, J. | 2 | 1990–1991 |
People v. Pidel
green
1 sentence2021In circumstances where the offenses overlap but the foreign offense also criminalizes conduct not covered under the New York offense, the Board must review the conduct underlying the foreign conviction to determine if that conduct is, in fact, within the scope of the New York offense" ( Matter of North v Board of Examiners of Sex Offenders of State of N.Y. , 8 NY3d 745, 753 [2007]; see People v Perez , 35 NY3d at 92-94; People v Pidel , 195 AD3d at 1323-1324 ; People v Cremeans , 194 AD3d 1369, 1370 [2021], lv denied 37 NY3d 910 [2021]). | 1 | 2021–2021 |
Gill v. Maul
green
1 sentence2012Appeal Bd.] v New York State Div. of Human Rights, 71 AD3d at 1236-1238 ), and thus failed to establish the essential elements of her claim (see Gill v Maul, 61 AD3d at 1160-1161 ). | 1 | 2012–2012 |
New York State Department of Labor v. New York State Division of Human Rights
green
1 sentence2012Appeal Bd.] v New York State Div. of Human Rights, 71 AD3d at 1236-1238 ), and thus failed to establish the essential elements of her claim (see Gill v Maul, 61 AD3d at 1160-1161 ). | 1 | 2012–2012 |
McGregor v. Frank Manzo
green
1 sentence2007In opposition to the motions, plaintiff submitted the affidavit of an expert that contained only “ ‘[g]eneral allegations of medical malpractice, [which were] merely conclusoiy in nature and unsupported by competent evidence tending to establish the essential elements of the claim’ ” (Mendez, 295 AD2d at 488 ; see Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]). | 1 | 2007–2007 |
Barclay Arms, Inc. v. Barclay Arms Associates
green
1 sentence2007The essential elements of a claim of fraud are misrepresentation of a material fact, falsity, scienter and deception (Barclay Arms, 74 NY2d at 646-647 ; Channel Master Corp. v Aluminium Ltd. | 1 | 2007–2007 |
| Belzel v. United States green | 1 | 2006–2006 |
| Claim of Mlodozeniec v. Worthington Corp. neutral | 1 | 2001–2001 |
| Martin v. City of Albany green | 1 | 1998–1998 |
| Broughton v. State green | 1 | 1998–1998 |
| Colon v. City of New York green | 1 | 1998–1998 |
| People v. Blake green | 1 | 1993–1993 |
| People v. Duncan neutral | 1 | 1993–1993 |
| People v. Paperno green | 1 | 1993–1993 |
| People v. Woods neutral | 1 | 1991–1991 |
| Burba v. Rochester Gas & Electric Corp green | 1 | 1989–1989 |
| Israel v. Wood Dolson Co. green | 1 | 1989–1989 |
| People v. Charles neutral | 1 | 1986–1986 |
| People v. Alston green | 1 | 1986–1986 |
| Groesbeck v. . Morgan green | 1 | 1986–1986 |
| Calhoun v. . Millard green | 1 | 1986–1986 |
| In re the Estate of Barabash green | 1 | 1986–1986 |
| Harvey Chalmers & Son, Inc. v. State green | 1 | 1979–1979 |
| Wagner v. Armsby neutral | 1 | 1945–1945 |
| Dickerson v. . Wason neutral | 1 | 1894–1894 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.