mere clerical error (New York) · Go Syfert
← New York issues

mere clerical error in New York

34 New York opinions name it 7 courts 1830–2025 8 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 (12)

CaseFollowedCited
Chmelovsky v. Country Club Homes, Inc.green
nyappdiv · 2013 · cited in 7 New York opinions naming this issue, 2016–2025
2 sentences

2025Thus, "[w]here a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019 [a] is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015 [a]" ( Chmelovsky v Country Club Homes, Inc., 111 AD3d 874, 875 [2d Dept 2013]).

2025Thus, "[w]here a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019 [a] is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015 [a]" ( Chmelovsky v Country Club Homes, Inc., 111 AD3d 874, 875 [2d Dept 2013]).

67
Johnson v. Societe Generale S.A.green
nyappdiv · 2012 · cited in 4 New York opinions naming this issue, 2013–2019
2 sentences

2019"Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Matter of Pulte Homes of N.Y., LLC v Planning Bd. of Town of Carmel , 136 AD3d at 644 , quoting Chmelovsky v Country Club Homes, Inc. , 111 AD3d 874, 875 ; see Herpe v Herpe, 225 NY at 326 ; Johnson v Societe Generale S.A. , 94 AD3d at 664; Goldberger v Eisner , 90 AD3d 835, 836 ; Mount Sinai Hosp. v Co

2016“Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019 (a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015 (a)” (Chmelovsky v Country Club Homes, Inc., 111 AD3d 874, 875 [2013]; see Johnson v Societe Generale S.A., 94 AD3d 663, 664 [2012]; Goldberger v Eisner, 90 AD3d 835, 836 [2011]; Mount Sinai Hosp. v Country Wide Ins.

44
Herpe v. . Herpegreen
ny · 1919 · cited in 8 New York opinions naming this issue, 1929–2024
2 sentences

2024Trial courts have no revisory or appellate authority to correct by amendments any errors of substance in prior orders or judgments" ( Sokoloff v Schor , 176 AD3d 120 , 132; see Herpe v Herpe , 225 NY 323, 326 ). "'Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be [*2]employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Sokoloff v Schor , 176 AD3d at 132-133, quoting Matter of Pulte Homes of N.Y., LLC v Pl

2019"Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Matter of Pulte Homes of N.Y., LLC v Planning Bd. of Town of Carmel , 136 AD3d at 644 , quoting Chmelovsky v Country Club Homes, Inc. , 111 AD3d 874, 875 ; see Herpe v Herpe, 225 NY at 326 ; Johnson v Societe Generale S.A. , 94 AD3d at 664; Goldberger v Eisner , 90 AD3d 835, 836 ; Mount Sinai Hosp. v Co

38
Tagliaferri v. Weilergreen
ny · 2004 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021Contrary to plaintiff's contention, the mistake in defendant's notice of appeal does not render the notice of appeal ineffective, but is a mere clerical error that in no way confused or prejudiced plaintiff and shall be disregarded ( Matter of Tagliaferri v Weiler , 1 NY3d 605, 606 [2004]; CPLR 2001).

2021Contrary to plaintiff's contention, the mistake in defendant's notice of appeal does not render the notice of appeal ineffective, but is a mere clerical error that in no way confused or prejudiced plaintiff and shall be disregarded ( Matter of Tagliaferri v Weiler , 1 NY3d 605, 606 [2004]; CPLR 2001).

22
Mount Sinai Hospital v. Country Wide Insurancegreen
nyappdiv · 2011 · cited in 4 New York opinions naming this issue, 2013–2019
2 sentences

2019Co. , 81 AD3d 700, 701 ).

2016Co., 81 AD3d 700, 701 [2011]).

14
Matter of Pulte Homes of N.Y., LLC v. Planning Bd. of Town of Carmelgreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2019–2024
2 sentences

2024Trial courts have no revisory or appellate authority to correct by amendments any errors of substance in prior orders or judgments" ( Sokoloff v Schor , 176 AD3d 120 , 132; see Herpe v Herpe , 225 NY 323, 326 ). "'Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be [*2]employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Sokoloff v Schor , 176 AD3d at 132-133, quoting Matter of Pulte Homes of N.Y., LLC v Pl

2019"Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Matter of Pulte Homes of N.Y., LLC v Planning Bd. of Town of Carmel , 136 AD3d at 644 , quoting Chmelovsky v Country Club Homes, Inc. , 111 AD3d 874, 875 ; see Herpe v Herpe, 225 NY at 326 ; Johnson v Societe Generale S.A. , 94 AD3d at 664; Goldberger v Eisner , 90 AD3d 835, 836 ; Mount Sinai Hosp. v Co

12
Goldberger v. Eisnergreen
nyappdiv · 2011 · cited in 2 New York opinions naming this issue, 2016–2019
2 sentences

2019"Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019(a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015(a)"' ( Matter of Pulte Homes of N.Y., LLC v Planning Bd. of Town of Carmel , 136 AD3d at 644 , quoting Chmelovsky v Country Club Homes, Inc. , 111 AD3d 874, 875 ; see Herpe v Herpe, 225 NY at 326 ; Johnson v Societe Generale S.A. , 94 AD3d at 664; Goldberger v Eisner , 90 AD3d 835, 836 ; Mount Sinai Hosp. v Co

2016“Where a movant seeks to change an order or judgment in a substantive manner, rather than correcting a mere clerical error, CPLR 5019 (a) is not the proper procedural mechanism to be employed, and relief should be sought through a direct appeal or by motion to vacate pursuant to CPLR 5015 (a)” (Chmelovsky v Country Club Homes, Inc., 111 AD3d 874, 875 [2013]; see Johnson v Societe Generale S.A., 94 AD3d 663, 664 [2012]; Goldberger v Eisner, 90 AD3d 835, 836 [2011]; Mount Sinai Hosp. v Country Wide Ins.

12
MATTER OF E. 56TH PLAZA, INC. v. New York City Conciliation & Appeals Bd.green
ny · 1982 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006“The fact that the landlord may not have intended the proposed lease ... to constitute a binding offer is immaterial because the statute requires that the offer be binding” ( 123 W. 15 , LLC v Compton, 4 Misc 3d 138[A], 2004 NY Slip Op 50938[U] , *1 [App Term, 1st Dept 2004], quoting Matter of East 56th Plaza v New York City Conciliation & Appeals Bd., 56 NY2d 544, 546 [1982]).

11
Russo v. Selskygreen
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003While a mere clerical mistake which does not affect the accuracy of the test results will not demand reversal (see Matter of Muniz v Selsky, 274 AD2d 796, 797 [2000]; Matter of Russo v Selsky, 249 AD2d 738, 739 [1998]), there is no proof that this was a mere clerical error.

11
Jimenez v. Goordgreen
nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003Contrary to respondent’s argument, there is no preservation question here (compare Matter of Jimenez v Goord, 264 AD2d 918, 919 [1999]).

11
Muniz v. Selskygreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003While a mere clerical mistake which does not affect the accuracy of the test results will not demand reversal (see Matter of Muniz v Selsky, 274 AD2d 796, 797 [2000]; Matter of Russo v Selsky, 249 AD2d 738, 739 [1998]), there is no proof that this was a mere clerical error.

11
Dusch v. Duschgreen
nyappdiv · 1939 · cited in 1 New York opinions naming this issue, 1974–1974
1 sentence

1974(Cf. Herpe v. Herpe, 225 N. Y. 323 ; see Dusch v. Dusch, 257 App. Div. 909 ; Stock v. Mann, 255 N. Y. 100 .) Furthermore, upon careful examination of the record we find that any compensation awarded the Receiver for all services rendered by him in any capacity herein beyond the sum of $41,280.98 would be excessive.

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 (31)

CaseCitedYears
Stevens v. . Rouse neutral
ny · 1901
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

31927–1941
In re the Accounting of Robertson neutral
nyappdiv · 1900
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

31927–1941
In Re the Accounting of Wanninger neutral
ny · 1907
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
People Ex Rel. Dubey v. . Swanstrom neutral
ny · 1903
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
In Re the Appraisal of the Estate of Scrimgeour green
ny · 1903
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
Morgan v. Cowie green
nyappdiv · 1900
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
In re Silliman green
nyappdiv · 1903
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
In re the Appraisal of the Estate of Willets neutral
nyappdiv · 1907
2 sentences

1933Ct. Act, § 20, subd. 6.) “ Other sufficient cause ” has been construed to mean “ causes of like nature with those specifically named.” (Matter of Tilden, 98 N. Y. 434, 442 .) The power exists where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v. Cowie, 49 App. Div. 612 ; Matter of Earle, 74 id. 458; Matter of Scrimgeour, 80 id. 388; affd., 175 N. Y. 507 ; Matter

1927The powers conferred by this subdivision must be exercised only in a like case, and in the same manner, as a court of record and of general jurisdiction exercises the same powers.” Under the provisions of this section the surrogate no doubt has power to modify an order of the character here involved in cases where jurisdiction has been mistakenly assumed (Matter of Silliman, 79 App. Div. 98 ; affd., 175 N. Y. 513 ); or to correct a mere clerical error (Matter of Robertson, 51 App. Div. 117 ; affd., 165 N. Y. 675 ; Matter of Henderson, 157 id. 423); or an inadvertent mistake of fact (Morgan v.

21927–1933
Davar v. Cardwell neutral
ind · 1867
2 sentences

1885In Davar v. Cardwell ( 27 Ind. 478 ), the form of the certificate was “ acknowledged it,” and it was held that “it” meant the deed.

1885In Davar v. Cardwell ( 27 Ind., 478 ) the form of the certificate was “ acknowledge it; ” it was held that “ it ” meant the deed.

21885–1885
Scharfenburg v. Bishop green
iowa · 1872
2 sentences

1885The numerous authorities, cited by one of the learned counsel for the appellant, established this rule of the courts. * In Scharfenburg v. Bishop ( 35 Iowa, 60 ), the word “appear” was omitted, and it was held obviously a mere clerical error.

1885In Scharfenburg v. Bishop ( 35 Iowa, 60 ) the word “ appear ” was omitted, and it was held obviously a mere clerical error.

21885–1885
People Ex Rel. Chamberlain v. Forrest green
ny · 1884
2 sentences

2014Accordingly, the Court of Appeals, based at least in part on due process concerns (see id. at 548-549 ), determined to shield the taxpayer from the unfavorable consequences that would flow from a determination that the error was merely clerical in nature.

2014Accordingly, the Court of Appeals, based at least in part on due process concerns ( see id. at 548-549 ), determined to shield the taxpayer from the unfavorable consequences that would flow from a determination that the error was merely clerical in nature.

12014–2014
In re the Claim of Newkirk green
nyappdiv · 2005
1 sentence

2006Claimant’s assertion that the mistake was a mere clerical error she made without any intention of deceiving the employer presented a credibility issue for the Board to resolve (see Matter of Newkirk [Commissioner of Labor], 15 AD3d 827 [2005]).

12006–2006
Gaier v. Cohen neutral
nyappdiv · 1959
1 sentence

1998The amendment upon remittitur to vacate the findings of fact regarding the slowdown cannot be viewed as a correction of a mere clerical error as it clearly affected a substantive aspect of the dispute between the parties (see, Saleh v Karp, supra; Fudin v Fudin, supra).

11998–1998
Raisig v. Young neutral
nyappdiv · 1961
1 sentence

1998The amendment upon remittitur to vacate the findings of fact regarding the slowdown cannot be viewed as a correction of a mere clerical error as it clearly affected a substantive aspect of the dispute between the parties (see, Saleh v Karp, supra; Fudin v Fudin, supra).

11998–1998
People ex rel. Dell v. Walker neutral
nyappdiv · 1992
1 sentence

1998Dell v Walker, 186 AD2d 1043 , lv denied 81 NY2d 702 ).

11998–1998
Stock v. Mann green
ny · 1930
1 sentence

1974(Cf. Herpe v. Herpe, 225 N. Y. 323 ; see Dusch v. Dusch, 257 App. Div. 909 ; Stock v. Mann, 255 N. Y. 100 .) Furthermore, upon careful examination of the record we find that any compensation awarded the Receiver for all services rendered by him in any capacity herein beyond the sum of $41,280.98 would be excessive.

11974–1974
Empire Produce Co. v. Allen neutral
nyappdiv · 1928
1 sentence

1967(Herpe v. Herpe, 225 N. Y. 323 ; Empire Produce Co. v. Allen, 225 App. Div. 6 ; Lane v. Merit Enterprises, 4 Misc 2d 137 ; 9 Carmody-Wait 2d, New York Practice, § 63:158.) In essence, the trustee seeks to vacate the final order for the purpose of assessing the allowance and including it in a new final order.

11967–1967
Lane v. Merit Enterprises, Inc. neutral
nysupct · 1955
1 sentence

1967(Herpe v. Herpe, 225 N. Y. 323 ; Empire Produce Co. v. Allen, 225 App. Div. 6 ; Lane v. Merit Enterprises, 4 Misc 2d 137 ; 9 Carmody-Wait 2d, New York Practice, § 63:158.) In essence, the trustee seeks to vacate the final order for the purpose of assessing the allowance and including it in a new final order.

11967–1967
In Re the Several Accountings of the Executors of Tilden green
ny · 1885
11933–1933
Gilmore v. Hirschman neutral
nyappdiv · 1919
11929–1929
Stannard v. . Hubbell green
ny · 1890
11929–1929
Bullard v. . Sherwood green
ny · 1881
11929–1929
In re Scott neutral
nyappdiv · 1913
11927–1927
In Re the Transfer Tax Upon the Estate of Scott neutral
ny · 1913
11927–1927
Burstein v. Levy neutral
nyappterm · 1906
11910–1910
King v. Mail & Express Co. neutral
nyappdiv · 1906
11910–1910
Kenney v. New York Central & Hudson River Railroad neutral
nysupct · 1888
11906–1906
McLean v. Horn neutral
nysupct · 1891
11905–1905
Weed v. . the People neutral
ny · 1865
11872–1872
Kimball v. Huntinton neutral
nysupct · 1831
11837–1837
Browder v. McArthur green
scotus · 1822
11830–1830

Where else courts name it

NY 34 (1830–2025) TX 24 (1872–2024) MO 20 (1882–2025) CA 19 (1913–2026) AL 16 (1876–2016) NC 12 (1896–2025) OK 11 (1910–1978) PA 10 (1893–2025) MS 10 (1931–2024) LA 9 (1825–2016) IL 9 (1897–2025) GA 9 (1913–2026) AR 7 (1920–2025) VA 6 (1868–1872) OR 6 (1902–1959) MN 6 (1887–1996) TN 5 (1925–2022) SC 5 (1910–2002) IN 4 (1862–1970) WA 4 (1920–2025) KS 4 (1902–2024) WI 4 (1889–2014) FL 4 (1931–1997) MT 4 (1909–1997) OH 4 (2013–2025) MA 4 (1892–2003) WY 3 (1933–1937) IA 3 (1892–2012) NV 3 (1878–1937) SD 3 (1919–1927) NE 3 (1896–1916) MI 2 (1931–1952) KY 2 (2024–2024) CT 2 (1963–2017) ID 2 (1916–2022)

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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