limited exceptions requirement (New York) · Go Syfert
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limited exceptions requirement in New York

5 New York opinions name it 3 courts 1993–2024 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.

Followed or applied (4)

CaseFollowedCited
The Matter of the Claim of Estate of Norman Youngjohn v. Berry Plastics Corporationgreen
ny · 2021 · cited in 1 New York opinions naming this issue, 2024–2024
2 sentences

2024The Legislature was well aware of this well-established principle and the limited exceptions to the bar against propensity evidence when it introduced the provisions at issue on this appeal ( see Matter of Estate of Youngjohn v Berry Plastics Corp. , 36 NY3d 595 , 606 [2021] ["(T)he legislative history of a particular enactment must be reviewed in light of the existing decisional law which the (l)egislature is presumed to be familiar with and to the extent it left it unchanged, that it accepted"]).

2024The Legislature was well aware of this well-established principle and the limited exceptions to the bar against propensity evidence when it introduced the provisions at issue on this appeal ( see Matter of Estate of Youngjohn v Berry Plastics Corp. , 36 NY3d 595, 606 [2021] ["(T)he legislative history of a particular enactment must be reviewed in light of the existing decisional law which the (l)egislature is presumed to be familiar with and to the extent it left it unchanged, that it accepted"]).

11
Galin v. Chassingreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005There is no question that BPMC complied with its duty under that regulation and there was no requirement that it provide any further documents, especially considering that quality assurance records are statutorily privileged and protected from civil disclosure (see Education Law § 6527 [3]; Public Health Law § 2805-m; Galin v Chassin, 217 AD2d 446, 447 [1995]).

11
Manigault v. Springsgreen
scotus · 1905 · cited in 1 New York opinions naming this issue, 1999–1999
1 sentence

1999See , Grove Hill Realty Company v. Ferncliff Cemetery Association , 7 N.Y.2d 403 , 409 (1960), quoting Manigault v. Springs , 199 U.S. 473 , 480 (1905).

11
Grove Hill Realty Co. v. Ferncliff Cemetery Ass'ngreen
ny · 1960 · cited in 1 New York opinions naming this issue, 1999–1999
1 sentence

1999See , Grove Hill Realty Company v. Ferncliff Cemetery Association , 7 N.Y.2d 403 , 409 (1960), quoting Manigault v. Springs , 199 U.S. 473 , 480 (1905).

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 (3)

CaseCitedYears
People v. Rivers green
ny · 1982
1 sentence

1997The record further supports the court’s determination that the oral statements made by defendant to the police after he had invoked his right to counsel were spontaneous and not the result of police interrogation or its functional equivalent (see, People v Rivers, 56 NY2d 476, 479-480 , rearg denied 57 NY2d 775 ; People v Latterell, 224 AD2d 1023 , lv denied 88 NY2d 850 ).

11997–1997
People v. Latterell neutral
nyappdiv · 1996
1 sentence

1997The record further supports the court’s determination that the oral statements made by defendant to the police after he had invoked his right to counsel were spontaneous and not the result of police interrogation or its functional equivalent (see, People v Rivers, 56 NY2d 476, 479-480 , rearg denied 57 NY2d 775 ; People v Latterell, 224 AD2d 1023 , lv denied 88 NY2d 850 ).

11997–1997
Rose v. Spa Realty Associates green
ny · 1977
1 sentence

1993Partial performance, in order to excuse the absence of a writing, must be "unequivocally referable” to the alleged modification (Rose v Spa Realty Assocs., 42 NY2d 338, 345 ).

11993–1993

Where else courts name it

IA 7 (2001–2017) LA 6 (1977–1993) NY 5 (1993–2024) PA 4 (1957–2022) MO 3 (1990–2002) MD 2 (1993–1996) VT 2 (2004–2024) FL 2 (1973–1986)

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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