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5 New York opinions name it 3 courts 1989–2008 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.
| Case | Followed | Cited |
|---|---|---|
Cole v. Mandell Food Stores, Inc.green2 sentences2008As discussed, the Court of Appeals recognized in Cole that, “in keeping with the liberal rules of CPLR 3025, courts have generally permitted plaintiffs to amend the pleadings at various points throughout an action in order to comply with CPLR 1603” (Cole, 93 NY2d at 39 , citing Detrinca v De Fillippo, 165 AD2d 505 [1991]). 1999Under CPLR 1603, plaintiff was required to affirmatively plead any exemption under article 16 she wished to have considered. *224 As we noted in Cole , “in keeping with the liberal rules of CPLR 3025, courts have generally permitted plaintiffs to amend the pleadings at various points throughout an action in order to comply with CPLR 1603” (Cole v Mandell Food Stores, supra, 93 NY2d, at 39 [citations omitted]). | 1 | 2 |
Duffy v. Horton Memorial Hospitalgreen1 sentence1989Hosp., supra, at 477; Cucuzza v Vaccaro, 109 AD2d 101, 104 , supra). | 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 |
|---|---|---|
Detrinca v. De Fillippo
green
2 sentences2008As discussed, the Court of Appeals recognized in Cole that, “in keeping with the liberal rules of CPLR 3025, courts have generally permitted plaintiffs to amend the pleadings at various points throughout an action in order to comply with CPLR 1603” (Cole, 93 NY2d at 39 , citing Detrinca v De Fillippo, 165 AD2d 505 [1991]). 1999Since CPLR 1603 does not articulate when a plaintiff must plead an exception to CPLR 1601 (1) and, in keeping with the liberal rules of CPLR 3025, courts have generally permitted plaintiffs to amend the pleadings at various points throughout an action in order to comply with CPLR 1603 (see, e.g., Detrinca v De Fillippo, 165 AD2d 505 ; Rubinfeld v City of New York, 170 Misc 2d 868 ). | 3 | 1996–2008 |
Rubinfeld v. City of New York
neutral
1 sentence1999Since CPLR 1603 does not articulate when a plaintiff must plead an exception to CPLR 1601 (1) and, in keeping with the liberal rules of CPLR 3025, courts have generally permitted plaintiffs to amend the pleadings at various points throughout an action in order to comply with CPLR 1603 (see, e.g., Detrinca v De Fillippo, 165 AD2d 505 ; Rubinfeld v City of New York, 170 Misc 2d 868 ). | 1 | 1999–1999 |
Marren v. State
green
1 sentence1996We now turn to the novel question of whether the maintenance of traffic signals, a nondelegable duty of the municipality long established at common law (see, e.g., Dolt v County of Suffolk, 199 AD2d 363 ; Marren v State of New York, 142 AD2d 717 ), is also a nondelegable duty under CPLR article 16. | 1 | 1996–1996 |
Dolt v. County of Suffolk
green
1 sentence1996We now turn to the novel question of whether the maintenance of traffic signals, a nondelegable duty of the municipality long established at common law (see, e.g., Dolt v County of Suffolk, 199 AD2d 363 ; Marren v State of New York, 142 AD2d 717 ), is also a nondelegable duty under CPLR article 16. | 1 | 1996–1996 |
Cucuzza v. Vaccaro
green
1 sentence1989Hosp., supra, at 477; Cucuzza v Vaccaro, 109 AD2d 101, 104 , supra). | 1 | 1989–1989 |
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.