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5 New York opinions name it 1 courts 1981–2022 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.
| Case | Followed | Cited |
|---|---|---|
Matter of Gaspard v. Queens Party Hall Inc.green2 sentences2022As to the substance of the underlying claim, "[w]hether a compensable accident has occurred is a question of fact to be resolved by the Board and its determination will not be disturbed when supported by substantial evidence" ( Matter of Elias-Gomez v Balsam View Dairy Farm , 162 AD3d at 1357 [internal quotation marks and citations omitted]; accord Matter of Gaspard v Queens Party Hall Inc. , 189 AD3d 1880, 1880 [2020], lv denied 36 NY3d 912 [2021]). 2022In this regard, the claimant bears the burden of establishing that the subject injury arose out of and in the course of his or her employment ( see Matter of Gaspard v Queens Party Hall Inc. , 189 AD3d at 1880 ; Matter of De La Cruz v Aufiero Painting Indus. | 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 |
|---|---|---|
Solnick v. Whalen
green
2 sentences1982The Statute of Limitations applicable to a declaratory judgment action depends upon the nature of the substance of the underlying claim (see Solnick v Whalen, 49 NY2d 224 ). 1981The Statute of Limitations applicable to a declaratory judgment action depends upon the nature of the substance of the underlying claim (see Solnick v Whalen, 49 NY2d 224 ). | 2 | 1981–1982 |
Aloi v. Board of Education
green
1 sentence2010Since the plaintiffs’ underlying claim is an action on the contract,” i.e., the CBA, CPLR 213 (2) applies (Aloi, 81 AD2d at 875-876 ). | 1 | 2010–2010 |
Frontier Insurance v. Town Board
green
1 sentence2001Co. v Town Bd., 252 AD2d 928, 929 ). | 1 | 2001–2001 |
Save the Pine Bush, Inc. v. Town Board of Town of Guilderland
green
1 sentence2001Where, as here, a party seeks both CPLR article 78 relief and declaratory judgment, the latter of which is not governed by a particular limitations period, we must examine the substance of the underlying claim and determine “ ‘whether the rights the parties are seeking to have adjudicated in the declaratory judgment action could have been raised in an action or proceeding having a statutorily prescribed limitation period’ ” (Matter of Save the Pine Bush v Town Bd., 272 AD2d 689, 691 , quoting Matter of Frontier Ins. | 1 | 2001–2001 |
Cromer v. County of Nassau
neutral
1 sentence1981Since the plaintiffs’ underlying claim is an action on the contract, the six-year period contained in CPLR 213 (subd 2) is applicable (see Cromer v County of Nassau, 77 AD2d 610 ). | 1 | 1981–1981 |
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.