28 New York opinions name it 9 courts 1848–2026 3 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 |
|---|---|---|
Russo v. Sabella Bus Co.green2 sentences2016Brown submitted evidence establishing as a matter of law that his efforts to warn approaching motorists of his disabled van were reasonable (cf. Axelrod v Krupinski, 302 NY 367, 369-370 [1951]; see generally Russo v Sabella Bus Co., 275 AD2d 660, 660-661 [2000]), and the deposition testimony of a witness that she observed his van without its hazard lights flashing more than two hours after the accident did not raise a triable issue of fact. 2016Brown submitted evidence establishing as a matter of law that his efforts to warn approaching motorists of his disabled van were reasonable (cf. Axelrod v Krupinski, 302 NY 367, 369-370 [1951]; see generally Russo v Sabella Bus Co., 275 AD2d 660, 660-661 [2000]), and the deposition testimony of a witness that she observed his van without its hazard lights flashing more than two hours after the accident did not raise a triable issue of fact. | 3 | 3 |
Axelrod v. Krupinskigreen2 sentences2016Brown submitted evidence establishing as a matter of law that his efforts to warn approaching motorists of his disabled van were reasonable (cf. Axelrod v Krupinski, 302 NY 367, 369-370 [1951]; see generally Russo v Sabella Bus Co., 275 AD2d 660, 660-661 [2000]), and the deposition testimony of a witness that she observed his van without its hazard lights flashing more than two hours after the accident did not raise a triable issue of fact. 2016Brown submitted evidence establishing as a matter of law that his efforts to warn approaching motorists of his disabled van were reasonable (cf. Axelrod v Krupinski, 302 NY 367, 369-370 [1951]; see generally Russo v Sabella Bus Co., 275 AD2d 660, 660-661 [2000]), and the deposition testimony of a witness that she observed his van without its hazard lights flashing more than two hours after the accident did not raise a triable issue of fact. | 2 | 3 |
People v. Backusgreen2 sentences2014Furthermore, the plaintiff failed to state a cause of action against the defendant Trinity Presbyterian Church to recover damages for negligent supervision (see Doe v Roman Catholic Diocese of Rochester, 12 NY3d 764, 765-766 [2009]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d at 841 ; Spielman v Carrino, 77 AD3d 816, 818 [2010]). 2014Furthermore, the plaintiff failed to state a cause of action against the defendant Trinity Presbyterian Church to recover damages for negligent supervision (see Doe v Roman Catholic Diocese of Rochester, 12 NY3d 764, 765-766 [2009]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d at 841 ; Spielman v Carrino, 77 AD3d 816, 818 [2010]). | 2 | 2 |
Spielman v. Carrinogreen2 sentences2014Furthermore, the plaintiff failed to state a cause of action against the defendant Trinity Presbyterian Church to recover damages for negligent supervision (see Doe v Roman Catholic Diocese of Rochester, 12 NY3d 764, 765-766 [2009]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d at 841 ; Spielman v Carrino, 77 AD3d 816, 818 [2010]). 2014Furthermore, the plaintiff failed to state a cause of action against the defendant Trinity Presbyterian Church to recover damages for negligent supervision (see Doe v Roman Catholic Diocese of Rochester, 12 NY3d 764, 765-766 [2009]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d at 841 ; Spielman v Carrino, 77 AD3d 816, 818 [2010]). | 2 | 2 |
Rodrigues-Lytwyn v. Roman Catholic Diocese of Brooklyngreen2 sentences2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 | 2 | 2 |
Coopersmith v. Goldgreen2 sentences2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 | 2 | 2 |
Marmelstein v. Kehillat New Hempsteadgreen2 sentences2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 | 2 | 2 |
Langford v. Roman Catholic Diocesegreen2 sentences2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 | 2 | 2 |
People v. Freycinetgreen1 sentence2017Concerning the fourth Pealer/Brown factor, because the DNA profile of Male Donor A was developed at a time when no suspect had been identified, the report names neither defendant nor any other suspect, and it does not accuse defendant by directly linking him to the crime ( see People v Freycinet , 11 NY3d at 42 [report not testimonial where it "did not directly link defendant to the crime"]). | 1 | 1 |
115-41 St. Albans Holding Corp. v. Estate of Harrisongreen1 sentence2015Albans Holding Corp. v Estate of Harrison, 71 AD3d 653, 653-654 [2010]; Staples v Jeff Hunt Devs., Inc., 56 AD3d 459 [2008]; Counsel Abstract, Inc. Defined Benefit Pension Plan v Jerome Auto Ctr., Inc., 23 AD3d 274 [2005]; State St. | 1 | 1 |
Donnelly v. Feitgreen1 sentence2005Although the motion court opined that plaintiffs’ allegation as to actual intent to defraud was conclusory, such intent “is ordinarily a question of fact which cannot be resolved on a motion for summary judgment” (Grumman Aerospace Corp. v Rice, 199 AD2d 365, 366 [1993]), or, in this case, a motion to dismiss. | 1 | 1 |
SNS Bank v. Citibankgreen1 sentence2005The motion court correctly determined that plaintiffs failed to state claims on the theory of fraudulent concealment, since the parties, as mere debtor and creditor, had no fiduciary relationship and no resultant affirmative duty to disclose (SNS Bank v Citibank, 7 AD3d 352, 355-356 [2004]), and on the theory of fraudulent conveyance pursuant to Debtor and Creditor Law § 273, which requires allegations that the debtor be rendered insolvent. | 1 | 1 |
Wilson v. City of New Yorkgreen1 sentence2004Although several courts have previously denied motions to unseal where the petitioner has failed to obtain such a waiver, and is neither a party protected by the privilege of CPL § 160.50 nor is one of the parties to which the statutory exceptions apply ( see , e.g. , Wilson v. City of New York , 240 A.D.2d 266, 267 [1st Dept. 1997]; Heine , supra ), this factor alone does not end further evaluation of Mr. Brown's motion. | 1 | 1 |
People v. Chan Lingreen1 sentence2004It has been held that an action should be discontinued with prejudice where a “plaintiff’s request for a discontinuance without prejudice was an apparent attempt to evade the consequences of an adverse order on defendant’s pending motion for summary judgment and preserve its ability to commence a Federal action” (see, NBN Broadcasting v Sheridan Broadcasting Networks, 240 AD2d 319, 319 [1997]). | 1 | 1 |
Hynes v. Karassikgreen1 sentence2004Our Court of Appeals has recognized that courts have an "inherent power" beyond the provisions of CPL § 160.50 to grant relief to release sealed records when the interests of justice so mandate and this power "grows out of that measure of discretionary authority courts enjoy with respect to their own records insofar as they pertain to the business of the court and when essential to the proper administration of justice." Matter of Hynes v. Karassik , 47 N.Y.2d 659, 664 (1979). | 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 |
|---|---|---|
People v. Brown
green
2 sentences2024Thus, while it was appropriate to impeach the Rivera defendant with the attorney's affidavit, he was not precluded from presenting his inconsistent testimony. ( People v Brown , 98 NY2d at 232 n 2.) With respect to the Brown defendant in People v Brown , the Court held that he was bound by his attorney's prior inconsistent statement made at a Sandoval hearing, which could be used to impeach him: The facts in Brown fall comfortably within the Rivera holding. 2024Thus, while it was appropriate to impeach the Rivera defendant with the attorney's affidavit, he was not precluded from presenting his inconsistent testimony. ( People v Brown , 98 NY2d at 232 n 2.) With respect to the Brown defendant in People v Brown , the Court held that he was bound by his attorney's prior inconsistent statement made at a Sandoval hearing, which could be used to impeach him: The facts in Brown fall comfortably within the Rivera holding. | 2 | 2024–2024 |
Williams v. Beemiller, Inc.
green
2 sentences2019Slip Op. 34303[U] , 2011 WL 13286044 [Sup. Ct., Erie County 2011] ) but the Appellate Division reversed, holding in relevant part that plaintiffs made a ***528 sufficient showing of personal jurisdiction to warrant further disclosure ( 100 A.D.3d 143 , 952 N.Y.S.2d 333 [4th Dept. 2012] ). 2019Supreme Court, among other things, initially granted Brown’s motion to dismiss the action ( 2011 NY Slip Op 34303 [U] [Sup Ct, Erie County 2011]) but the Appellate Division reversed, holding in relevant part that plaintiffs made a sufficient showing of personal jurisdiction to warrant further disclosure ( 100 AD3d 143 [4th Dept 2012]). | 2 | 2019–2019 |
Dupree v. Giugliano
green
2 sentences2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 2014Brown, Hindsight Biblical Counseling, and Hindsight Ministries, Inc. (hereinafter collectively the Brown defendants), to recover damages for negligence and professional malpractice, based upon allegations regarding the Brown defendants having provided the plaintiff with biblical counseling (see Langford v Roman Catholic Diocese of Brooklyn, 271 AD2d 494, 495-496 [2000]; cf. Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15, 21-22 [2008]; Rodrigues-Lytwyn v Roman Catholic Diocese of Brooklyn, 79 AD3d 840, 841 [2010]; cf. also Dupree v Giugliano, 87 AD3d 97 | 2 | 2014–2014 |
In re the Arbitration between Matarasso & Continental Casualty Co.
green
1 sentence2026Co.] , 56 NY2d at 267 ; Matter of Progressive Ins. | 1 | 2026–2026 |
Crawford v. Washington
green
2 sentences2016The DNA profiles, if testimonial, require the appearance of the witnesses who prepared them and this the majority is unprepared to say (see US Const 6th Amend; Crawford, 541 US at 68-69 ). 2016The DNA profiles, if testimonial, require the appearance of the witnesses who prepared them and this the majority is unprepared to say (see US Const 6th Amend; Crawford, 541 US at 68-69 ). | 1 | 2016–2016 |
Williams v. Illinois
red
1 sentence2016While purporting to apply our primary purpose test, the majority in fact opts for the reasoning set forth in the Williams dissent: informed by that analysis, the majority reaches the same result — at least one analyst must testify (see Williams, 567 US at — n 4, 132 S Ct at 2273 n 4 [Kagan, J., dissenting]). | 1 | 2016–2016 |
Counsel Abstract, Inc. Defined Benefit Pension Plan v. Jerome Auto Center, Inc.
green
1 sentence2015Albans Holding Corp. v Estate of Harrison, 71 AD3d 653, 653-654 [2010]; Staples v Jeff Hunt Devs., Inc., 56 AD3d 459 [2008]; Counsel Abstract, Inc. Defined Benefit Pension Plan v Jerome Auto Ctr., Inc., 23 AD3d 274 [2005]; State St. | 1 | 2015–2015 |
Bullcoming v. New Mexico
green
2 sentences2013Applying the Brown test, the court in People v DiBari ( 26 Misc 3d 1220[A] , 2010 NY Slip Op 50191[U] , *4-5 [2010]) held that “calibration and simulator solution certificates of breath test instruments” are “qualitatively dissimilar from the report at issue in Melendez-Diaz” and thus “are non-testimonial.” But, the debate continued, requiring yet another effort at clarification by the US Supreme Court in 2011 in Bullcoming (564 US —, 131 S Ct 2705 ). 2013Applying the Brown test, the court in People v DiBari ( 26 Misc 3d 1220[A] , 2010 NY Slip Op 50191[U] , *4-5 [2010]) held that “calibration and simulator solution certificates of breath test instruments” are “qualitatively dissimilar from the report at issue in Melendez-Diaz” and thus “are non-testimonial.” But, the debate continued, requiring yet another effort at clarification by the US Supreme Court in 2011 in Bullcoming (564 US —, 131 S Ct 2705 ). | 1 | 2013–2013 |
Pascual v. Kingsley Realty Holdings, Ltd.
green
1 sentence2005Also proper was the partial denial of Brown’s motion for summary judgment, since the conflicting affidavits of the parties’ respective engineering experts raised triable issues (see Pascual v Kingsley Realty Holdings, Ltd., 8 AD3d 26 [2004]) as to whether Brown may be held accountable for plaintiffs’ accident on a defective design and/or failure to warn theory. | 1 | 2005–2005 |
County of Nassau v. Heine
neutral
1 sentence2004Although several courts have previously denied motions to unseal where the petitioner has failed to obtain such a waiver, and is neither a party protected by the privilege of CPL § 160.50 nor is one of the parties to which the statutory exceptions apply ( see , e.g. , Wilson v. City of New York , 240 A.D.2d 266, 267 [1st Dept. 1997]; Heine , supra ), this factor alone does not end further evaluation of Mr. Brown's motion. | 1 | 2004–2004 |
Connolly v. Rogers
green
1 sentence1998As to the denial of Brown’s motion for summary judgment, it is clear that a duty was imposed upon it to provide a safe place for its patrons to board and exit its vehicle (see, Miller v Fernan, 73 NY2d 844 ; Connolly v Rogers, 195 AD2d 649 ). | 1 | 1998–1998 |
Zuckerman v. City of New York
green
1 sentence1998With only speculation proffered as to how Brown may have breached its duty, Brown’s motion for summary judgment should have been granted (see, Zuckerman v City of New York, supra). | 1 | 1998–1998 |
Miller v. Fernan
green
1 sentence1998As to the denial of Brown’s motion for summary judgment, it is clear that a duty was imposed upon it to provide a safe place for its patrons to board and exit its vehicle (see, Miller v Fernan, 73 NY2d 844 ; Connolly v Rogers, 195 AD2d 649 ). | 1 | 1998–1998 |
Era Steel Construction Corp. v. Egan
green
1 sentence1995Corp. v Egan, 145 AD2d 795, 798-799 ), we find that the testimony adduced undercuts Brown’s claim of control. | 1 | 1995–1995 |
| In re Christopher W. neutral | 1 | 1992–1992 |
Zinker v. Zinker
green
1 sentence1992Defendant’s submissions were insufficient to demonstrate entitlement to that relief (see, Zinker v Zinker, 185 AD2d 698 ; Unifirst Corp. v Gaslin, 166 AD2d 930 ). | 1 | 1992–1992 |
| Brown v. Illinois green | 1 | 1988–1988 |
| United States v. Crews green | 1 | 1988–1988 |
| People v. Conyers green | 1 | 1988–1988 |
| Thompson v. State green | 1 | 1988–1988 |
| Brown v. Micheletti green | 1 | 1987–1987 |
| Two Associates v. Brown neutral | 1 | 1987–1987 |
| Myoung Goo Lee v. Moley neutral | 1 | 1985–1985 |
| Filippo v. White green | 1 | 1985–1985 |
| Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc. green | 1 | 1985–1985 |
| People v. Hetherington green | 1 | 1979–1979 |
| People v. Townsend green | 1 | 1979–1979 |
| People v. Bevilacqua green | 1 | 1979–1979 |
| People v. Hobson green | 1 | 1979–1979 |
| Withrow v. Larkin green | 1 | 1978–1978 |
| Gilman v. Lowell neutral | 1 | 1848–1848 |
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.