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5 New York opinions name it 3 courts 2017–2026 2 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 |
|---|---|---|
Enzien v. Enziengreen1 sentence2026However, "[a]lthough a stand-alone claim for unjust enrichment is barred where, as here, there is a valid written contract, that does not act as a bar to a constructive trust" cause of action ( Barker v Gervera , 236 AD3d 1318 , 1326 [citations omitted]; see Enzien v Enzien , 96 AD3d 1136 ). | 1 | 1 |
Pennsylvania State Police v. Sudersgreen1 sentence2017The United States Supreme Court has indicated that “[a] hostile-environment constructive discharge claim entails something more” than a stand-alone claim of a hostile work environment (Pennsylvania State Police v Suders, 542 US 129, 147 [2004]). | 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 |
|---|---|---|
Matter of Jacob
green
2 sentences2017Finally, her due process argument is properly apprehended not as a stand-alone challenge requiring notice to the Attorney General, but as an invocation, in service of her jurisdictional challenge, of the canon of constitutional avoidance: that is, we should construe the statute, if possible, to avoid the due process infirmity to which she points ( see Matter of Jacob, 86 N.Y.2d 651 , 668 n. 5, 636 N.Y.S.2d 716 , 660 N.E.2d 397 [1995] ). 2017Finally, her due process argument is properly apprehended not as a stand-alone challenge requiring notice to the Attorney General, but as an invocation, in service of her jurisdictional challenge, of the canon of constitutional avoidance: that is, we should construe the statute, if possible, to avoid the due process infirmity to which she points ( see Matter of Jacob, 86 N.Y.2d 651 , 668 n. 5, 636 N.Y.S.2d 716 , 660 N.E.2d 397 [1995] ). | 2 | 2017–2017 |
Hamrick v. Guralnick
green
1 sentence2026In this case, unlike in Hamrick v Schain Leifer Guralnick ( 146 AD3d 606 ), cited by the majority, the plaintiff demonstrated a colorable claim to a fiduciary relationship between the parties based upon undisputed facts. | 1 | 2026–2026 |
Cox v. NAP Constr. Co., Inc.
green
1 sentence2025Although a stand-alone claim for unjust enrichment is barred where, as here, there is a valid written contract ( see IDT Corp. , 12 NY3d at 142 ; Cox, 10 NY3d at 607 ), that does not act as a bar to a constructive trust claim. | 1 | 2025–2025 |
IDT Corp. v. Morgan Stanley Dean Witter & Co.
green
1 sentence2025Although a stand-alone claim for unjust enrichment is barred where, as here, there is a valid written contract ( see IDT Corp. , 12 NY3d at 142 ; Cox, 10 NY3d at 607 ), that does not act as a bar to a constructive trust claim. | 1 | 2025–2025 |
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.