35 New York opinions name it 8 courts 1906–2021 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 |
|---|---|---|
DiMura v. City of Albanygreen2 sentences2018Defendants appeal. "[A] plaintiff may recover in strict products liability or negligence for a manufacturer's failure to warn of risks and dangers associated with the use of its product[,] . . . and liability may be imposed based upon either the complete failure to warn of a particular hazard or the inclusion of warnings that are insufficient" ( DiMura v City of Albany , 239 AD2d 828, 829 [1997] [internal citations omitted]; see Fisher v Multiquip, Inc. , 96 AD3d 1190, 1192 [2012]). 2012Liability for failure to warn may be imposed “based upon either the complete failure to warn of a particular hazard or the inclusion of warnings that are insufficient” (DiMura v City of Albany, 239 AD2d 828, 829 [1997]). | 3 | 3 |
Schiller v. National Presto Industries, Inc.green2 sentences2012“Although the adequacy of a warning generally is a question of fact, in a proper case the court can decide as a matter of law that there is no duty to warn or that the duty has been discharged as a matter of law” (Schiller v National Presto Indus., 225 AD2d 1053, 1054 [1996] [internal quotation marks and citations omitted]; see generally Theoharis v Pengate Handling Sys. of N.Y., 300 AD2d 884, 884-885 [2002]). 2012“Although the adequacy of a warning generally is a question of fact, in a proper case the court can decide as a matter of law that there is no duty to warn or that the duty has been discharged as a matter of law” (Schiller v National Presto Indus., 225 AD2d 1053, 1054 [1996] [internal quotation marks and citations omitted]; see generally Theoharis v Pengate Handling Sys. of N.Y., 300 AD2d 884, 884-885 [2002]). | 2 | 2 |
Theoharis v. Pengate Handling Systems of New York, Inc.green2 sentences2012“Although the adequacy of a warning generally is a question of fact, in a proper case the court can decide as a matter of law that there is no duty to warn or that the duty has been discharged as a matter of law” (Schiller v National Presto Indus., 225 AD2d 1053, 1054 [1996] [internal quotation marks and citations omitted]; see generally Theoharis v Pengate Handling Sys. of N.Y., 300 AD2d 884, 884-885 [2002]). 2012“Although the adequacy of a warning generally is a question of fact, in a proper case the court can decide as a matter of law that there is no duty to warn or that the duty has been discharged as a matter of law” (Schiller v National Presto Indus., 225 AD2d 1053, 1054 [1996] [internal quotation marks and citations omitted]; see generally Theoharis v Pengate Handling Sys. of N.Y., 300 AD2d 884, 884-885 [2002]). | 2 | 2 |
People v. Crosbygreen2 sentences2021The court gave the jury the guidance it requested, and contrary to the defendant's contention, the court's inclusion of an instruction on accessorial liability was appropriate under the circumstances ( see People v Ekwegbalu , 131 AD3d 982, 985 ; People v Crosby , 33 AD3d 719, 720 ). 2007There is no merit to the claim that the imposition of consecutive sentences violated the defendant’s constitutional rights (see People v Crosby, 33 AD3d 719, 720 [2006]; People v Pritchett, 29 AD3d 828, 829 [2006]; People v Andre L., 18 AD3d 575, 576-577 [2005]). | 1 | 2 |
The People v. Dwight R. DeLeegreen1 sentence2021Contrary to the defendant's contention, the verdict finding him guilty of murder in the second degree, while acquitting him of conspiracy in the second degree and two counts of criminal possession of a weapon in the second degree, was not legally repugnant. "'[A] verdict is repugnant only if it is legally impossible—under all conceivable circumstances—for the jury to have convicted the defendant on one count but not the other'" ( People v Johnson , 159 AD3d 833 , 834, quoting People v Muhammad , 17 NY3d 532, 539-540 ; see People v DeLee , 24 NY3d 603, 608 ). | 1 | 1 |
Matter of Ballard v. New York Safety Track LLCgreen1 sentence2020Normally, in such a hybrid proceeding and action, separate procedural rules apply to the CPLR article 78 cause of action and the other causes asserted ( see Matter of Ballard v New York Safety Track LLC , 126 AD3d 1073, 1075 [2015]; Matter of Lake St. | 1 | 1 |
Fisher v. Multiquip, Inc.green1 sentence2018Defendants appeal. "[A] plaintiff may recover in strict products liability or negligence for a manufacturer's failure to warn of risks and dangers associated with the use of its product[,] . . . and liability may be imposed based upon either the complete failure to warn of a particular hazard or the inclusion of warnings that are insufficient" ( DiMura v City of Albany , 239 AD2d 828, 829 [1997] [internal citations omitted]; see Fisher v Multiquip, Inc. , 96 AD3d 1190, 1192 [2012]). | 1 | 1 |
Barclay v. Techno-Design, Inc.green1 sentence2018A manufacturer is obliged "to warn against latent dangers resulting from foreseeable uses of its product of which it knew or should have known and to warn of the danger of reasonably foreseeable unintended uses of [the] product" ( Barclay v Techno-Design, Inc. , 129 AD3d 1177, 1180 [2015] [internal quotation marks, ellipsis, brackets and citation omitted]). | 1 | 1 |
People v. Cordesgreen1 sentence2014This is particularly so here, where there was testimony that defendant had struggled with the arresting officer and the City Court did not provide a definition of “physical force.” While this error was not preserved for appellate review, we reach it in the interest of justice (see People v Cordes, 71 AD3d 912, 913 [2010]; People v Cotterell, 7 AD3d 807 [2004]). | 1 | 1 |
Allied-Bruce Terminix Cos., Inc. v. Dobsongreen1 sentence2013In a concurring opinion, Justice O’Connor stated that the Court’s majority ruling in Allied-Bruce would “displace many state statutes carefully calibrated to protect consumers” and that “Congress never intended the Federal Arbitration Act to apply in state courts” (Allied-Bruce Terminix Cos. v Dobson, 513 US 265, 282, 283 [1995, O’Connor, J., concurring]). | 1 | 1 |
Cuttino v. New York State Comptrollergreen1 sentence2011Therefore, petitioner waived any objection to the admission of Mazella’s supplemental report (see Matter of Cuttino v New York State Comptroller, 80 AD3d 1067, 1068 [2011]). | 1 | 1 |
Fuentes v. Shevingreen1 sentence2011The waiver of a constitutional right to an adversarial post-termination hearing must be clear and unequivocal (see Fuentes v Shevin, 407 US 67, 95 [1972]), and the inclusion of a waiver provision in the CBA may not pass constitutional muster. | 1 | 1 |
People v. Seaberggreen1 sentence2009The inclusion of a waiver of the right to appeal as a condition of the plea bargain is neither improper nor against public policy (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 8-10 [1989]). | 1 | 1 |
People v. Motzergreen1 sentence2009Contrary to defendant’s contention, County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008]; People v Bilus, 44 AD3d 325 [2007], lv denied 9 NY3d 1031 [2008]; cf. People v Moyett, 7 NY3d 892 [2006]). | 1 | 1 |
People v. Lopezgreen1 sentence2009The inclusion of a waiver of the right to appeal as a condition of the plea bargain is neither improper nor against public policy (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 8-10 [1989]). | 1 | 1 |
People v. Jonesgreen1 sentence2009Contrary to defendant’s contention, County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008]; People v Bilus, 44 AD3d 325 [2007], lv denied 9 NY3d 1031 [2008]; cf. People v Moyett, 7 NY3d 892 [2006]). | 1 | 1 |
People v. Andre L.green1 sentence2007There is no merit to the claim that the imposition of consecutive sentences violated the defendant’s constitutional rights (see People v Crosby, 33 AD3d 719, 720 [2006]; People v Pritchett, 29 AD3d 828, 829 [2006]; People v Andre L., 18 AD3d 575, 576-577 [2005]). | 1 | 1 |
People v. Pritchettgreen1 sentence2007There is no merit to the claim that the imposition of consecutive sentences violated the defendant’s constitutional rights (see People v Crosby, 33 AD3d 719, 720 [2006]; People v Pritchett, 29 AD3d 828, 829 [2006]; People v Andre L., 18 AD3d 575, 576-577 [2005]). | 1 | 1 |
| Bukowski v. CooperVision Inc.green | 1 | 1 |
| Liff v. Schildkroutgreen | 1 | 1 |
| Aldrich v. . New York Life Ins. Co.green | 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 |
|---|---|---|
Helvering v. Stockholms Enskilda Bank
green
2 sentences1951In a similar situation, the Supreme Court has said: "On the contrary, the natural conclusion is that if any discrimination had been intended it would have been made in favor of, and not against, the domestic corporation, which contributes in a much more substantial degree to the support of the people and government of the United States." ( Helvering v. Stockholms Enskilda Bank , 293 U. S. 84, 90 .) It is also suggested that the disputed reinsurance premiums might be included as a measure of the franchise tax under the above-noted catch-all or inclusion clause, since, it is argued, that clause 1951In a similar situation, the Supreme Court has said: “ On the contrary, the natural conclusion is that if any discrimination had been intended it would have been made in favor of, and not against, the domestic corporation, which contributes in a much more substantial degree to the support of the people and government of the United States.” (Helvering v. Stockholms Enskilda Bank, 293 U. S. 84, 90 .) It is also suggested that the disputed reinsurance premiums might be included as a measure of the franchise tax under the above-noted catch-all or inclusion clause, since, it is argued, that clause “ | 2 | 1951–1951 |
People v. Ekwegbalu
green
1 sentence2021The court gave the jury the guidance it requested, and contrary to the defendant's contention, the court's inclusion of an instruction on accessorial liability was appropriate under the circumstances ( see People v Ekwegbalu , 131 AD3d 982, 985 ; People v Crosby , 33 AD3d 719, 720 ). | 1 | 2021–2021 |
People v. Muhammad
green
1 sentence2021Contrary to the defendant's contention, the verdict finding him guilty of murder in the second degree, while acquitting him of conspiracy in the second degree and two counts of criminal possession of a weapon in the second degree, was not legally repugnant. "'[A] verdict is repugnant only if it is legally impossible—under all conceivable circumstances—for the jury to have convicted the defendant on one count but not the other'" ( People v Johnson , 159 AD3d 833 , 834, quoting People v Muhammad , 17 NY3d 532, 539-540 ; see People v DeLee , 24 NY3d 603, 608 ). | 1 | 2021–2021 |
Quadrant Structured Products Co. v. Vertin
green
2 sentences2018The inclusion of such a clause in an indenture "makes it more difficult for individual bondholders to bring suits that are unpopular with their fellow bondholders" ( id. at 566 , 992 N.Y.S.2d 687 , 16 N.E.3d 1165 [internal quotation marks, brackets and citation omitted] ). 2018The inclusion of such a clause in an indenture "makes it more difficult for individual bondholders to bring suits that are unpopular with their fellow bondholders" ( id. at 566 , 992 N.Y.S.2d 687 , 16 N.E.3d 1165 [internal quotation marks, brackets and citation omitted] ). | 1 | 2018–2018 |
Fillman v. Axel
green
1 sentence2014Thus, the inclusion of this instruction directly after charging the elements of resisting arrest “blurred or negated” the elements of the charge of resisting arrest, suggesting that defendant could be found guilty of the crime of resisting arrest, even if the arrest were unauthorized, if she used physical force (id.; People v Harewood, 63 AD2d 876 [1978]). | 1 | 2014–2014 |
People v. Cotterell
green
1 sentence2014This is particularly so here, where there was testimony that defendant had struggled with the arresting officer and the City Court did not provide a definition of “physical force.” While this error was not preserved for appellate review, we reach it in the interest of justice (see People v Cordes, 71 AD3d 912, 913 [2010]; People v Cotterell, 7 AD3d 807 [2004]). | 1 | 2014–2014 |
Ragucci v. Professional Construction Services
green
1 sentence2013Servs. ( 25 AD3d 43 [2d Dept 2005]), the issue before the Second Department was whether General Business Law § 399-c applies to a contract to provide architectural services for the construction of a home. | 1 | 2013–2013 |
Pastore v. Sabol
green
1 sentence2010Respondents’ authorization of around-the-clock home attendant services rendered moot petitioner’s claims for declaratory and injunctive relief (Pastore v Sabol, 230 AD2d 835 [1996]), and the inclusion of a claim for nominal damages does not preserve the petition’s viability. | 1 | 2010–2010 |
People v. CHEEBA
green
1 sentence2009Contrary to defendant’s contention, County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008]; People v Bilus, 44 AD3d 325 [2007], lv denied 9 NY3d 1031 [2008]; cf. People v Moyett, 7 NY3d 892 [2006]). | 1 | 2009–2009 |
People v. Moyett
green
1 sentence2009Contrary to defendant’s contention, County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008]; People v Bilus, 44 AD3d 325 [2007], lv denied 9 NY3d 1031 [2008]; cf. People v Moyett, 7 NY3d 892 [2006]). | 1 | 2009–2009 |
People v. Bilus
green
1 sentence2009Contrary to defendant’s contention, County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008]; People v Bilus, 44 AD3d 325 [2007], lv denied 9 NY3d 1031 [2008]; cf. People v Moyett, 7 NY3d 892 [2006]). | 1 | 2009–2009 |
Apprendi v. New Jersey
green
1 sentence2007The inclusion of a claim premised on Apprendi v New Jersey ( 530 US 466 [2000]), does not warrant a different result. | 1 | 2007–2007 |
| Starling Realty Corp. v. State of New York green | 1 | 2002–2002 |
| Forelli v. State green | 1 | 2002–2002 |
| Johnson v. Johnson Chemical Co. green | 1 | 1997–1997 |
| Cadwalader Wickersham & Taft v. Spinale green | 1 | 1994–1994 |
| Fox v. Wyeth Laboratories, Inc. green | 1 | 1992–1992 |
| Alfieri v. Cabot Corp. green | 1 | 1992–1992 |
| Germano v. Benjamin neutral | 1 | 1989–1989 |
| People v. . Hayes green | 1 | 1989–1989 |
| Mancini-Ciolo, Inc. v. Scaramellino neutral | 1 | 1989–1989 |
| People v. Concepcion green | 1 | 1989–1989 |
| People v. Reid green | 1 | 1989–1989 |
| Mokar Properties Corp. v. Hall green | 1 | 1989–1989 |
| Orange & Rockland Utilities, Inc. v. Amerada Hess Corp. green | 1 | 1987–1987 |
| Boudreau v. Levitt green | 1 | 1987–1987 |
| Apter v. Home Life Insurance Company green | 1 | 1987–1987 |
| B. W. Lougheed & Co. v. Suzuki neutral | 1 | 1986–1986 |
| Taylor v. Berberian neutral | 1 | 1985–1985 |
| Eaton v. New York City Conciliation & Appeals Board green | 1 | 1985–1985 |
| In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc. green | 1 | 1983–1983 |
| Schubtex, Inc. v. Allen Snyder, Inc. green | 1 | 1983–1983 |
| People v. Hasson neutral | 1 | 1977–1977 |
| Janes v. Sackman Bros. Co. green | 1 | 1961–1961 |
| Wiener v. Specific Pharmaceuticals, Inc. green | 1 | 1961–1961 |
| McGrath v. Calabrese neutral | 1 | 1961–1961 |
| Guilizio v. Rios neutral | 1 | 1961–1961 |
| American Guild of Musical Artists, Inc. v. Petrillo green | 1 | 1960–1960 |
| Opera on Tour, Inc. v. Weber green | 1 | 1960–1960 |
| Dalzell Towing Co. v. United Marine Division green | 1 | 1960–1960 |
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.
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.