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28 New York opinions name it 5 courts 1852–2024 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.
| Case | Followed | Cited |
|---|---|---|
Battinelli v. Battinelligreen2 sentences2013Although a person seeking maintenance may submit “general testimony” regarding a medical condition where the effect of that condition on the person’s “ability to work is readily apparent without the necessity of expert testimony” (Battinelli v Battinelli, 174 AD2d 503, 504 [1991]), that is not the case here. 2013Although a person seeking maintenance may submit “general testimony” regarding a medical condition where the effect of that condition on the person’s “ability to work is readily apparent without the necessity of expert testimony” (Battinelli v Battinelli, 174 AD2d 503, 504 [1991]), that is not the case here. | 2 | 3 |
Kidalso Gas Corp. v. Lancer Insurancegreen2 sentences2016Co. , 21 AD3d 779 [1st Dept 2005]). 2016Co. , 21 AD3d 779 [1st Dept 2005]). | 1 | 3 |
People v. Garlandgreen1 sentence2024Thus, we conclude that the verdict on the assault in the first degree charge is not against the weight of the evidence with respect to the element of serious physical injury ( see Penal Law § 10.00 [10]; People v Hildenbrandt , 125 AD2d 819, 820 [3d Dept 1986], lv denied 69 NY2d 881 [1987]; see also People v Garland , 155 AD3d 527, 528 [1st Dept 2017], affd 32 NY3d 1094 [2018], rearg denied 33 NY3d 970 [2019], cert denied — US &mdash, 140 S Ct 2525 [2020]). | 1 | 1 |
Garland v. New Yorkgreen1 sentence2024Thus, we conclude that the verdict on the assault in the first degree charge is not against the weight of the evidence with respect to the element of serious physical injury ( see Penal Law § 10.00 [10]; People v Hildenbrandt , 125 AD2d 819, 820 [3d Dept 1986], lv denied 69 NY2d 881 [1987]; see also People v Garland , 155 AD3d 527, 528 [1st Dept 2017], affd 32 NY3d 1094 [2018], rearg denied 33 NY3d 970 [2019], cert denied — US &mdash, 140 S Ct 2525 [2020]). | 1 | 1 |
People v. Garlandgreen1 sentence2024Thus, we conclude that the verdict on the assault in the first degree charge is not against the weight of the evidence with respect to the element of serious physical injury ( see Penal Law § 10.00 [10]; People v Hildenbrandt , 125 AD2d 819, 820 [3d Dept 1986], lv denied 69 NY2d 881 [1987]; see also People v Garland , 155 AD3d 527, 528 [1st Dept 2017], affd 32 NY3d 1094 [2018], rearg denied 33 NY3d 970 [2019], cert denied — US &mdash, 140 S Ct 2525 [2020]). | 1 | 1 |
People v. Hildenbrandtgreen1 sentence2024Thus, we conclude that the verdict on the assault in the first degree charge is not against the weight of the evidence with respect to the element of serious physical injury ( see Penal Law § 10.00 [10]; People v Hildenbrandt , 125 AD2d 819, 820 [3d Dept 1986], lv denied 69 NY2d 881 [1987]; see also People v Garland , 155 AD3d 527, 528 [1st Dept 2017], affd 32 NY3d 1094 [2018], rearg denied 33 NY3d 970 [2019], cert denied — US &mdash, 140 S Ct 2525 [2020]). | 1 | 1 |
Depczynski v. Adsco/Farrar & Treftsgreen1 sentence2019Claimant cited the applicability of the two-year statute of limitations set forth in Workers' Compensation Law § 28 as the basis for the appeal, thus satisfying the requirements of 12 NYCRR 300.13 (b) (2) (i), but he failed to specify the objection or exception taken as required by 12 NYCRR 300.13 (b) (2) (ii), stating instead that his objection was "as per [his] appeal." As amplified by the accompanying correspondence from counsel, claimant argued that his claim was timely under Workers' Compensation Law § 49-bb, which excuses the failure to file "[a] claim for loss of hearing . . . within th | 1 | 1 |
Fitzpatrick v. American Honda Motor Co.green1 sentence2016Again, it does not matter that Heilman, the named insured on the Wausau policy, was not named in the complaint (see Fitzpatrick at 64, 69-70 ). | 1 | 1 |
Kershaw v. Hospital for Special Surgerygreen1 sentence2016Thus, even construing the evidence in the light most favorable to Wausau, the nonmoving party (Kershaw v Hospital for Special Surgery, 114 AD3d at 82), the City has met its burden of showing that the Wausau policy covers the loss for which the claim was made (Kidalso Gas Corp. v Lancer Ins. | 1 | 1 |
Nat. Union Fire Ins. of Pittsburgh v. Browngreen1 sentence2005Co. of Pittsburgh, Pa. v Brown, 787 F Supp 1424, 1430 [SD Fla 1991], affd 963 F2d 385 [11th Cir 1992]). | 1 | 1 |
Chase Manhattan Bank, N. A. v. Travelers Group, Inc.green1 sentence2005It is basic that it is the insured which has the burden of showing that the insurance contract covers the loss for which the claim is made (Roundabout Theatre Co. v Continental Cas., 302 AD2d 1, 6 [2002]; Simplexdiam v Brockbank, 283 AD2d 34, 37 [2001]; Chase Manhattan Bank v Travelers Group, 269 AD2d 107, 108 [2000]). | 1 | 1 |
Simplexdiam, Inc. v. Brockbankgreen1 sentence2005It is basic that it is the insured which has the burden of showing that the insurance contract covers the loss for which the claim is made (Roundabout Theatre Co. v Continental Cas., 302 AD2d 1, 6 [2002]; Simplexdiam v Brockbank, 283 AD2d 34, 37 [2001]; Chase Manhattan Bank v Travelers Group, 269 AD2d 107, 108 [2000]). | 1 | 1 |
Roundabout Theatre Co. v. Continental Casualty Co.green1 sentence2005It is basic that it is the insured which has the burden of showing that the insurance contract covers the loss for which the claim is made (Roundabout Theatre Co. v Continental Cas., 302 AD2d 1, 6 [2002]; Simplexdiam v Brockbank, 283 AD2d 34, 37 [2001]; Chase Manhattan Bank v Travelers Group, 269 AD2d 107, 108 [2000]). | 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 |
|---|---|---|
Demisay v. Whalen
green
2 sentences1986It is critical to the determination in each of the present cases that there was a precipitating accidental event — in one case the loss of balance and fall to the floor; in the other, the slip on the wet pavement and fall which was not a risk of the work performed, as in Covel (Matter of Covel v New York State Employees’ Retirement System, 84 AD2d 902 , mot for lv to app den 55 NY2d 606 ).” Let me acknowledge that some of the phrases used by the Court of Appeals may arguably be interpreted as supporting the conclusion reached by Special Term. 1984It is critical to the determination in each of the present cases that there was a precipitating accidental event — in one case the loss of balance and fall to the floor; in the other, the slip on the wet pavement and fall which was not a risk of the work performed, as in Covel (Matter of Covel v New York State Employees’ Retirement System, 84 AD2d 902 , mot for lv to app den 55 NY2d 606 ). | 2 | 1984–1986 |
Valentin v. Board of Trustees of the New York City Employees' Retirement System
neutral
2 sentences1986To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, supra), while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698 ). 1984To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698). | 2 | 1984–1986 |
Matter of Menna v. New York City Employees'ret. Sys.
neutral
2 sentences1986To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, supra), while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698 ). 1984To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698). | 2 | 1984–1986 |
Jenkins v. Etlinger
green
2 sentences1986Such evidence was sufficient to establish the extent of the loss to the bar and grill (see Jenkins v Etlinger, 55 NY2d 35 )”. 1983Such evidence was sufficient to establish the extent of the loss to the bar and grill (see Jenkins v Etlinger, 55 NY2d 35 ). | 2 | 1983–1986 |
Schussler v. Codd
green
2 sentences1986To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, supra), while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698 ). 1984To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698). | 2 | 1984–1986 |
Lifshitz v. Brady
green
1 sentence2005Since plaintiff did not retain Finkelstein until after the statute of limitations had already expired on her personal injury claim against the City, Finkelstein’s conduct did not contribute to the loss of that claim, and there is no basis for requiring Finkelstein to absorb any liability that may ultimately be imposed on Quaranta for such loss (see Lifshitz v Brady, 298 AD2d 437 [2002]). | 1 | 2005–2005 |
Cappetta v. Lippman
green
1 sentence2000It would be “illogical” to hold the law firm liable for causing the loss of a claim for punitive damages which are meant to punish the wrongdoer and deter future similar conduct (Cappetta v Lippman, 913 F Supp 302, 306 ). | 1 | 2000–2000 |
Sharapata v. Town of Islip
green
1 sentence2000Plaintiff now alleges that the law firm’s failure to join the officer deprived him of the opportunity to seek, among other things, punitive damages in the underlying action, which are not recoverable from a municipal defendant (see, Sharapata v Town of lslip, 56 NY2d 332 ), and argues that the law firm is therefore liable to him in malpractice for the loss of this claim. | 1 | 2000–2000 |
In re the Claim of Fisher
green
1 sentence1993Rather, application of claimant’s candid admission of long-standing knowledge that his hearing loss was the result of his employment to the requirement of Workers’ Compensation Law § 49-bb that claims be filed within 90 days after "knowledge that the loss of hearing is or was due to the nature of the employment” presents a mixed question of fact and of law involving "quasi-legislative considerations of policy relating to the intended scope of the statute” (Matter of Fisher [Levine], 36 NY2d 146, 150 ). | 1 | 1993–1993 |
Claim of Thomas v. Bethlehem Steel Corp.
green
1 sentence1993Initially, we note that the meaning of the word "knowledge” presents an issue of statutory interpretation involving only proper comprehension of the Legislature’s intent rather than deference to the Board’s underlying construction of the term (see, Matter of Thomas v Bethlehem Steel Corp., 63 NY2d 150, 154 ), which in the instant case impliedly equated "knowledge” with a layperson’s self-diagnosis. | 1 | 1993–1993 |
Galbraith v. State
green
1 sentence1989Finally, the cases on which the People rely (People v Vastano, 117 AD2d 637 ; Steiner v Commissioner of Correction, 490 F Supp 204 ), as well as cases from other jurisdictions in which liability has been upheld for attempted larceny by insurance fraud (Galbraith v State, 468 NE2d 575 [Ind App]; State v Grubbs, 657 SW2d 380 [Mo Ct App]), involved circumstances in which some step had been taken toward actually filing a loss claim with the insurer. . | 1 | 1989–1989 |
People v. . Sobieskoda
green
1 sentence1989Hence, notwithstanding the majority’s assertion to the contrary (majority opn, at 191, quoting People v Sobieskoda, 235 NY 411, 419 , supra), defendants’ acts had not " 'gone to the extent of placing it in their power to commit the offense unless interrupted,’ ” except in the sense that any step taken in the direction of their goal would have increased the likelihood of its accomplishment. 3 Further, the facts on which the majority relies — that defendants’ completed acts "encompassed the most hazardous and difficult portion of their criminal scheme” and that the nighttime break-in was itself | 1 | 1989–1989 |
People v. Thompson
neutral
1 sentence1989Finally, the cases on which the People rely (People v Vastano, 117 AD2d 637 ; Steiner v Commissioner of Correction, 490 F Supp 204 ), as well as cases from other jurisdictions in which liability has been upheld for attempted larceny by insurance fraud (Galbraith v State, 468 NE2d 575 [Ind App]; State v Grubbs, 657 SW2d 380 [Mo Ct App]), involved circumstances in which some step had been taken toward actually filing a loss claim with the insurer. . | 1 | 1989–1989 |
State v. Grubbs
neutral
1 sentence1989Finally, the cases on which the People rely (People v Vastano, 117 AD2d 637 ; Steiner v Commissioner of Correction, 490 F Supp 204 ), as well as cases from other jurisdictions in which liability has been upheld for attempted larceny by insurance fraud (Galbraith v State, 468 NE2d 575 [Ind App]; State v Grubbs, 657 SW2d 380 [Mo Ct App]), involved circumstances in which some step had been taken toward actually filing a loss claim with the insurer. . | 1 | 1989–1989 |
Steiner v. Commissioner of Correction
green
1 sentence1989Finally, the cases on which the People rely (People v Vastano, 117 AD2d 637 ; Steiner v Commissioner of Correction, 490 F Supp 204 ), as well as cases from other jurisdictions in which liability has been upheld for attempted larceny by insurance fraud (Galbraith v State, 468 NE2d 575 [Ind App]; State v Grubbs, 657 SW2d 380 [Mo Ct App]), involved circumstances in which some step had been taken toward actually filing a loss claim with the insurer. . | 1 | 1989–1989 |
Lichtenstein v. Board of Trustees
green
1 sentence1986To be distinguished are injuries sustained while performing routine duties but not resulting from unexpected events, e.g., back strains sustained while putting a tire in the trunk of a city vehicle (Matter of Menna v New York City Employees’ Retirement System, 59 NY2d 696 ), while leaning over to place a ticket on a car (Matter of Lichtenstein v Board of Trustees, supra), while lifting trash cans (Matter of Valentin v Board of Trustees, 59 NY2d 702 ), or a loss of hearing sustained as a result of practice sessions on the pistol range (Matter of Schussler v Codd, 59 NY2d 698 ). | 1 | 1986–1986 |
| MATTER OF HOTEL ASSN. OF NYC v. Weaver neutral | 1 | 1984–1984 |
| Mulligan v. Murphy green | 1 | 1984–1984 |
In re the Accounting of Guaranty Trust Co.
green
1 sentence1984Had it intended to protect only those whose two-year “disablement” period of limitations would be affected by the 1980 amendment, it need only have said “whose disablement occurred prior to October 1, 1980 and who had not prior to that date had knowledge for more than ninety days that the loss of hearing is or was due to the nature of the employment shall have six months from such date to file a claim.” Having adopted the language that it did and thus gone beyond what the waiting provision reduction necessitated, the Legislature must be held to have intended what the clear import of the words | 1 | 1984–1984 |
| State Division of Human Rights v. Averill Park Central School District green | 1 | 1981–1981 |
| State Division of Human Rights v. Averill Park Central School District green | 1 | 1981–1981 |
| Claim of Rowe v. Patrick McGovern, Inc. neutral | 1 | 1979–1979 |
| MTR. OF CONS. EDISON CO. v. Lindsay green | 1 | 1978–1978 |
| Holmes v. County of Erie neutral | 1 | 1959–1959 |
| Bernardine v. City of New York green | 1 | 1959–1959 |
| Steitz v. City of Beacon green | 1 | 1959–1959 |
| Holmes v. County of Erie green | 1 | 1959–1959 |
| Runkel v. City of New York green | 1 | 1959–1959 |
| Holmes v. County of Erie neutral | 1 | 1959–1959 |
| Matter of Slawinski v. J.H. Williams Co. neutral | 1 | 1949–1949 |
| Bordwell v. . Collie neutral | 1 | 1925–1925 |
| National Metal Edge Box Co. v. Gotham neutral | 1 | 1925–1925 |
| Schnurmacher v. Kennedy neutral | 1 | 1925–1925 |
| Union Paper Collar Co. v. Metropolitan Collar Co. neutral | 1 | 1890–1890 |
| Taylor v. Bruen neutral | 1 | 1876–1876 |
| Cheetham v. Tillotson neutral | 1 | 1852–1852 |
| Rich v. Hogeboom neutral | 1 | 1852–1852 |
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.