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5 New York opinions name it 2 courts 1968–1993 0 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 |
|---|---|---|
Liberman v. Gelsteingreen1 sentence1993The protection afforded by this privilege may be dissolved, however, if it can be established that the state ment was made with "malice” as that term is defined under either the actual malice standard set forth in New York Times Co. v Sullivan ( 376 US 254 , supra) or the common-law definition (see, Liberman v Gelstein, supra, at 437-438). | 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 |
|---|---|---|
New York Times Co. v. Sullivan
green
1 sentence1993The protection afforded by this privilege may be dissolved, however, if it can be established that the state ment was made with "malice” as that term is defined under either the actual malice standard set forth in New York Times Co. v Sullivan ( 376 US 254 , supra) or the common-law definition (see, Liberman v Gelstein, supra, at 437-438). | 1 | 1993–1993 |
In re Grand Jury Investigation of Onondaga County.
neutral
1 sentence1992(Matter of Grand Jury Investigation, 90 AD2d 990 [4th Dept 1982] [demand for identification of all patients treated by a hospital for knife wounds in a three-day period improper; this would not only provide the fact of treatment, but the nature of the treatment].) Similarly, in the case at bar, the identity of the patients, plus the plaintiff’s profession, yields the treatment and, therefore, a stigma. | 1 | 1992–1992 |
Gourdine v. Phelps Memorial Hospital
green
1 sentence1981Hosp., 40 AD2d 694 ; People v Decina, 2 NY2d 133 .) However, even assuming, arguendo, that the privilege is applicable to the instant records, it is well settled that the protection afforded by the privilege must, in a proper case, give way to an overriding public interest. | 1 | 1981–1981 |
People v. Decina
green
1 sentence1981Hosp., 40 AD2d 694 ; People v Decina, 2 NY2d 133 .) However, even assuming, arguendo, that the privilege is applicable to the instant records, it is well settled that the protection afforded by the privilege must, in a proper case, give way to an overriding public interest. | 1 | 1981–1981 |
People v. Graham
green
1 sentence1980New York courts have evolved a governmental interest analysis approach which, when applied to the facts in this case, results in the same conclusion as that reached by use of the teachings of the Restatement (see Intercontinental Planning v Daystrom, Inc., 24 NY2d 372 , mot for rearg den 25 NY2d 959 , supra; Miller v Miller, 22 NY2d 12 ; Babcock v Jackson, 12 NY2d 473 ; People v Graham, 90 Misc 2d 1019 ). | 1 | 1980–1980 |
Babcock v. Jackson
green
1 sentence1980New York courts have evolved a governmental interest analysis approach which, when applied to the facts in this case, results in the same conclusion as that reached by use of the teachings of the Restatement (see Intercontinental Planning v Daystrom, Inc., 24 NY2d 372 , mot for rearg den 25 NY2d 959 , supra; Miller v Miller, 22 NY2d 12 ; Babcock v Jackson, 12 NY2d 473 ; People v Graham, 90 Misc 2d 1019 ). | 1 | 1980–1980 |
Intercontinental Planning, Ltd. v. Daystrom Inc.
green
1 sentence1980New York courts have evolved a governmental interest analysis approach which, when applied to the facts in this case, results in the same conclusion as that reached by use of the teachings of the Restatement (see Intercontinental Planning v Daystrom, Inc., 24 NY2d 372 , mot for rearg den 25 NY2d 959 , supra; Miller v Miller, 22 NY2d 12 ; Babcock v Jackson, 12 NY2d 473 ; People v Graham, 90 Misc 2d 1019 ). | 1 | 1980–1980 |
Miller v. Miller
green
1 sentence1980New York courts have evolved a governmental interest analysis approach which, when applied to the facts in this case, results in the same conclusion as that reached by use of the teachings of the Restatement (see Intercontinental Planning v Daystrom, Inc., 24 NY2d 372 , mot for rearg den 25 NY2d 959 , supra; Miller v Miller, 22 NY2d 12 ; Babcock v Jackson, 12 NY2d 473 ; People v Graham, 90 Misc 2d 1019 ). | 1 | 1980–1980 |
In re the Arbitration between Garcia & Motor Vehicle Accident Indemnification Corp.
neutral
1 sentence1968Notwithstanding express exclusions from the definition of ‘1 uninsured automobile ” contained in the indorsement, it has been stated that “ A disclaimer or denial of liability by an insurance company may place the automobile in the position of an uninsured automobile, within the meaning of the MVAIC indorsement, if, hut only if, the effect of the disclaimer or denial is to deprive the injured person of the protection afforded by a standard automobile liability insurance policy.” (McCarthy v. MV AIC , 16 A D 2d 35, 40, affd. without opinion 12 N Y 2d 922.) With respect to the apparent inconsist | 1 | 1968–1968 |
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.