plaintiff must show violation (New York) · Go Syfert
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plaintiff must show violation in New York

5 New York opinions name it 2 courts 2003–2024 1 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.

Followed or applied (4)

CaseFollowedCited
Manganiello v. City of New Yorkgreen
ca2 · 2010 · cited in 3 New York opinions naming this issue, 2012–2024
2 sentences

2024To prevail on a federal claim brought under 42 U.S.C. § 1983 , a plaintiff must show a violation of their rights under the Fourth Amendment and must establish the elements of a malicious prosecution claim under state law (Manganiello v City of New York, 612 F3d 149, 161 [2d Cir 2010]).

2012“In order to prevail on a [42 USC] § 1983 claim against a state actor for malicious prosecution, a plaintiff must show a violation of his rights under the Fourth Amendment, and must establish the elements of a malicious prosecution claim under state law” (Manganiello v City of New York, 612 F3d 149, 160-161 [2010] [citations omitted]).

33
Aslam v. Weissgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006“To prevail on a cause of action under Labor Law § 240 (1), a plaintiff must show a violation of the statute, and that such violation was a proximate cause of his or her injuries” (Aslam v Weiss, 308 AD2d 426, 426-427 [2003]; see Blake v Neighborhood Hous.

11
Zimmer v. Chemung County Performing Arts, Inc.green
ny · 1985 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003A plaintiff cannot prevail on a motion for summary judgment under Labor Law § 240 (1) if there is any view of the evidence which would permit a finding that the defendant’s violation of that statute was not a proximate cause of the plaintiff’s accident (see Zimmer v Chemung County Performing Arts, 65 NY2d 513, 524 [1985]; Mejia v African M.E.

11
Skalko v. Marshall's Inc.green
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003To prevail on a cause of action under Labor Law § 240 (1), a plaintiff must show a violation of the statute, and that such violation was a proximate cause of his or her injuries (see Bland v Manocherian, 66 NY2d 452 [1985]; Skalko v Marshall’s Inc., 229 AD2d 569, 570 [1996]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Broughton v. State green
ny · 1975
2 sentences

2012“The elements of the tort of malicious prosecution are: (1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceeding and (4) actual malice” (Broughton v State of New York, 37 NY2d at 457 ).

2012“The elements of the tort of malicious prosecution are: (1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceeding and (4) actual malice” (Broughton v State of New York, 37 NY2d at 457 ).

22012–2012
Lawson v. City of New York green
nyappdiv · 2011
1 sentence

2024The existence of probable cause for the prosecution constitutes a complete defense to a claim of malicious prosecution (Lawson v City of New York, 83 AD 3d 609 [1st Dept 2011]).

12024–2024
Bland v. Manocherian green
ny · 1985
1 sentence

2003To prevail on a cause of action under Labor Law § 240 (1), a plaintiff must show a violation of the statute, and that such violation was a proximate cause of his or her injuries (see Bland v Manocherian, 66 NY2d 452 [1985]; Skalko v Marshall’s Inc., 229 AD2d 569, 570 [1996]).

12003–2003

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

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.

Where else courts name it

CA 90 (2021–2026) IN 6 (2000–2016) NY 5 (2003–2024) SC 5 (2007–2025) GA 3 (1983–2022) AZ 3 (1968–2016) NJ 3 (1995–2010) WA 3 (2012–2026) LA 2 (2002–2002) ID 2 (1999–2009)

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.

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