striking defense (New York) · Go Syfert
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striking defense in New York

5 New York opinions name it 3 courts 1957–2011 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.

Followed or applied (2)

CaseFollowedCited
Matter of Bieleygreen
ny · 1998 · cited in 2 New York opinions naming this issue, 1999–2011
2 sentences

2011In that regard, it has been observed that “by effectively nullifying the will to the extent required to give the child his intestate share, the statute stands as a striking exception to the law’s strong disposition to avoid intestacy whenever possible” (Matter of Wilkins, 180 Misc 2d 568, 571 [1999]; see Matter of Bieley, 91 NY2d 520, 525 [1998] [referring to well-estáblished axiom of testamentary construction that the testator is presumed to have intended to dispose of the whole estate by will, and did not intend intestacy as to any part of it]).

1999It is also observed that, by effectively nullifying the will to the extent required to give the child his intestate share, the statute stands as a striking exception to the law’s strong disposition to avoid intestacy whenever possible (see, e.g., Matter of Bieley, 91 NY2d 520, 525 ; Matter of Dammann, 12 NY2d 500, 504-505 ; Schult v Moll, 132 NY 122, 125 ) and as such is a telling expression of this State’s public policy in this regard.

12
In re the Estate of Wilkinsgreen
nysurct · 1999 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011In that regard, it has been observed that “by effectively nullifying the will to the extent required to give the child his intestate share, the statute stands as a striking exception to the law’s strong disposition to avoid intestacy whenever possible” (Matter of Wilkins, 180 Misc 2d 568, 571 [1999]; see Matter of Bieley, 91 NY2d 520, 525 [1998] [referring to well-estáblished axiom of testamentary construction that the testator is presumed to have intended to dispose of the whole estate by will, and did not intend intestacy as to any part of it]).

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 (10)

CaseCitedYears
Schult v. . Moll green
ny · 1892
1 sentence

1999It is also observed that, by effectively nullifying the will to the extent required to give the child his intestate share, the statute stands as a striking exception to the law’s strong disposition to avoid intestacy whenever possible (see, e.g., Matter of Bieley, 91 NY2d 520, 525 ; Matter of Dammann, 12 NY2d 500, 504-505 ; Schult v Moll, 132 NY 122, 125 ) and as such is a telling expression of this State’s public policy in this regard.

11999–1999
In re the Estate of Dammann green
ny · 1963
1 sentence

1999It is also observed that, by effectively nullifying the will to the extent required to give the child his intestate share, the statute stands as a striking exception to the law’s strong disposition to avoid intestacy whenever possible (see, e.g., Matter of Bieley, 91 NY2d 520, 525 ; Matter of Dammann, 12 NY2d 500, 504-505 ; Schult v Moll, 132 NY 122, 125 ) and as such is a telling expression of this State’s public policy in this regard.

11999–1999
Torres v. Southside Hospital green
nyappdiv · 1981
1 sentence

1987It should be noted that the striking of this defense does not constitute a ruling on the merits, but is rather a procedural direction that the claim that a complaint fails to state a cause of action may not be interposed in an answer (see, Torres v Southside Hosp., supra; see also, Siegel, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C3211:38, at 13 [1987 Supp Pamph]).

11987–1987
Karpas v. Bandler green
nyappdiv · 1926
1 sentence

1965However, since the facts with respect to plaintiff’s awareness of the arrangement and whether it acted in good faith are clearly not within the knowledge of the defendant, summary judgment or the striking of a defense may not be granted (Karpas v. Bandler, 218 App. Div. 418 ; Verity v. Peoples State Bank of Baldwin, 1 A D 2d 833; Be France v. Oestrike, 8 A D 2d 735; Suslensky v. Metropolitan Life Ins, Co., 180 Misc. 624 , affd. 267 App. Div. 812 ).

11965–1965
Suslensky v. Metropolitan Life Insurance green
nyappterm · 1943
1 sentence

1965However, since the facts with respect to plaintiff’s awareness of the arrangement and whether it acted in good faith are clearly not within the knowledge of the defendant, summary judgment or the striking of a defense may not be granted (Karpas v. Bandler, 218 App. Div. 418 ; Verity v. Peoples State Bank of Baldwin, 1 A D 2d 833; Be France v. Oestrike, 8 A D 2d 735; Suslensky v. Metropolitan Life Ins, Co., 180 Misc. 624 , affd. 267 App. Div. 812 ).

11965–1965
Suslensky v. Metropolitan Life Insurance neutral
nyappdiv · 1944
1 sentence

1965However, since the facts with respect to plaintiff’s awareness of the arrangement and whether it acted in good faith are clearly not within the knowledge of the defendant, summary judgment or the striking of a defense may not be granted (Karpas v. Bandler, 218 App. Div. 418 ; Verity v. Peoples State Bank of Baldwin, 1 A D 2d 833; Be France v. Oestrike, 8 A D 2d 735; Suslensky v. Metropolitan Life Ins, Co., 180 Misc. 624 , affd. 267 App. Div. 812 ).

11965–1965
Deyo v. . Morss neutral
ny · 1894
1 sentence

1957Furthermore, leave to amend may be obtained not only as part of the order of dismissal but also upon an application after the dismissal of the cause of action or the striking of a defense (Deyo v. Morss, 144 N. Y. 216 ).

11957–1957
Gillette v. Allen green
nyappdiv · 1945
1 sentence

1957By permitting the amended answer to remain at present, the defenses as alleged are not passed upon as to form or substance (Gillette v. Allen, 269 App. Div. 441 ; Lazarus v. Rice, 268 App. Div. 985 , motion for leave to appeal denied 269 App. Div. 684 ).

11957–1957
Lazarus v. Rice neutral
nyappdiv · 1944
1 sentence

1957By permitting the amended answer to remain at present, the defenses as alleged are not passed upon as to form or substance (Gillette v. Allen, 269 App. Div. 441 ; Lazarus v. Rice, 268 App. Div. 985 , motion for leave to appeal denied 269 App. Div. 684 ).

11957–1957
Lazarus v. Rice neutral
nyappdiv · 1945
1 sentence

1957By permitting the amended answer to remain at present, the defenses as alleged are not passed upon as to form or substance (Gillette v. Allen, 269 App. Div. 441 ; Lazarus v. Rice, 268 App. Div. 985 , motion for leave to appeal denied 269 App. Div. 684 ).

11957–1957

Where else courts name it

CA 11 (1900–2022) NM 7 (1998–2024) FL 7 (1971–2013) OH 5 (1985–2012) NY 5 (1957–2011) PA 2 (2015–2018) TX 2 (2005–2020) UT 2 (2015–2015) MA 2 (1975–1980)

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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