absence of any claim (New York) · Go Syfert
← New York issues

absence of any claim in New York

158 New York opinions name it 16 courts 1876–2025 9 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 (42)

CaseFollowedCited
Cole v. Comfortgreen
nyappdiv · 2009 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

33
Matter of Anumahgreen
ny · 2009 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

33
Krug v. Kruggreen
nyappdiv · 2008 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013Moreover, “a court’s determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record,” i.e., is not “supported by a sound and substantial basis in the record” (Matter of Krug v Krug, 55 AD3d 1373, 1374 [2008]).

2013Moreover, “a court’s determination regarding custody and visitation issues, based upon a first-hand assessment of the credibility of the witnesses after an evidentiary hearing, is entitled to great weight and will not be set aside unless it lacks an evidentiary basis in the record,” i.e., is not “supported by a sound and substantial basis in the record” (Matter of Krug v Krug, 55 AD3d 1373, 1374 [2008]).

23
Ruple v. Harkenreadergreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

23
Conklin v. Hernandezgreen
nyappdiv · 2007 · cited in 3 New York opinions naming this issue, 2013–2013
2 sentences

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

2013With respect to the analysis of the best interests of the child in the absence of any presumption, we note that visitation “need not always include contact visitation at the prison” (Matter of Ruple v Harkenreader, 99 AD3d 1085, 1087 [2012]; see Matter of Cole v Comfort, 63 AD3d 1234, 1235 [2009], lv denied 13 NY3d 706 [2009]; Matter of Conklin v Hernandez, 41 AD3d 908, 910 [2007]).

23
Smith v. Starkgreen
ny · 1986 · cited in 3 New York opinions naming this issue, 1992–1997
2 sentences

1997Co., 184 AD2d 841, 843-844 ; see also, Smith v Stark, 67 NY2d 693, 694 ; Van Buskirk v Migliorelli, 185 AD2d 587, 590 ).

1992Moreover, inasmuch as a warning would not have given plaintiff any better knowledge of the table saw’s danger than he had already acquired through his prior use of the machine or than was "readily discernible” from observation of the unguarded blade, the absence of any warning could not have proximately caused plaintiff’s injuries (see, Smith v Stark, 67 NY2d 693, 694 ; Belling v Haugh’s Pools, 126 AD2d 958, 959 , lv denied 70 NY2d 602 ; see also, Koester v State of New York, 90 AD2d 357, 362 ; cf., Cover v Cohen, 61 NY2d 261 ).

23
Nestor v. McDowellgreen
ny · 1993 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024Corp. v Kalish , 22 Misc 3d 130 [A], 2009 NY Slip Op 50127[U] [App Term, 1st Dept [*4]2009] ["In the absence of any claim or showing that tenant's alleged [conduct] in any way affected other building residents, landlord failed to state an actionable claim for nuisance (internal citation omitted)."]) In Nestor v McDowell , 81 NY2d 410, 413 (1993), the lower court and the Appellate Division held that the installation of a washing machine in violation of the lease amounted to curable conduct under RPAPL 753 (4).

2024Corp. v Kalish , 22 Misc 3d 130 [A], 2009 NY Slip Op 50127[U] [App Term, 1st Dept [*4]2009] ["In the absence of any claim or showing that tenant's alleged [conduct] in any way affected other building residents, landlord failed to state an actionable claim for nuisance (internal citation omitted)."]) In Nestor v McDowell , 81 NY2d 410, 413 (1993), the lower court and the Appellate Division held that the installation of a washing machine in violation of the lease amounted to curable conduct under RPAPL 753 (4).

22
Dairylea Cooperative, Inc. v. Walkleygreen
ny · 1975 · cited in 2 New York opinions naming this issue, 2022–2022
2 sentences

2022For example, the Court of Appeals found a milk producer had standing to challenge a competitor's license to sell milk, because no other party could claim to be harmed and the absence of any challenge would undermine the statute's purpose of maintaining healthy competition ( Matter of Dairylea Coop. v Walkley , 38 NY2d 6, 11-12 [1975]). [FN11] What it does not do is obviate the need for standing, especially here.

2022For example, the Court of Appeals found a milk producer had standing to challenge a competitor's license to sell milk, because no other party could claim to be harmed and the absence of any challenge would undermine the statute's purpose of maintaining healthy competition ( Matter of Dairylea Coop. v Walkley , 38 NY2d 6, 11-12 [1975]). [FN2] What it does not do is obviate the need for standing, especially here.

22
Snowden v. New York City Transit Authoritygreen
nyappdiv · 1998 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017Auth., 248 AD2d 235, 237 [1st Dept 1998]).

2017Auth. , 248 AD2d 235, 237 [1st Dept 1998]).

22
Ruzas v. Goordgreen
nyappdiv · 2000 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017Significantly, the record discloses a lack of compliance with the regulations governing the procedures to be followed in testing the substance and in using the test results (see 7 NYCRR 1010.4, 1010.5), as well as the absence of any hearing testimony concerning the testing procedures that were actually followed (see Matter of Hernandez v Selsky, 306 AD2d 595, 596 [2003], lv denied 100 NY2d 514 [2003]; Matter of Ruzas v Goord, 268 AD2d 742, 743-744 [2000]).

2017Significantly, the record discloses a lack of compliance with the regulations governing the procedures to be followed in testing the substance and in using the test results (see 7 NYCRR 1010.4, 1010.5), as well as the absence of any hearing testimony concerning the testing procedures that were actually followed (see Matter of Hernandez v Selsky, 306 AD2d 595, 596 [2003], lv denied 100 NY2d 514 [2003]; Matter of Ruzas v Goord, 268 AD2d 742, 743-744 [2000]).

22
Gonzalez v. Goordgreen
nyappdiv · 2003 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017Significantly, the record discloses a lack of compliance with the regulations governing the procedures to be followed in testing the substance and in using the test results (see 7 NYCRR 1010.4, 1010.5), as well as the absence of any hearing testimony concerning the testing procedures that were actually followed (see Matter of Hernandez v Selsky, 306 AD2d 595, 596 [2003], lv denied 100 NY2d 514 [2003]; Matter of Ruzas v Goord, 268 AD2d 742, 743-744 [2000]).

2017Significantly, the record discloses a lack of compliance with the regulations governing the procedures to be followed in testing the substance and in using the test results (see 7 NYCRR 1010.4, 1010.5), as well as the absence of any hearing testimony concerning the testing procedures that were actually followed (see Matter of Hernandez v Selsky, 306 AD2d 595, 596 [2003], lv denied 100 NY2d 514 [2003]; Matter of Ruzas v Goord, 268 AD2d 742, 743-744 [2000]).

22
Matter of Cross v. Annuccigreen
nyappdiv · 2015 · cited in 2 New York opinions naming this issue, 2017–2017
2 sentences

2017Moreover, the prohibition on contraband depends on whether or not an item is authorized (see 7 NYCRR 270.2 [B] [14] [xiii]); since the substance at issue was not adequately identified, substantial evidence does not support the determination that the substance was unauthorized and, therefore, contraband (see Matter of Cross v Annucci, 131 AD3d 758, 759 [2015]).

2017Moreover, the prohibition on contraband depends on whether or not an item is authorized (see 7 NYCRR 270.2 [B] [14] [xiii]); since the substance at issue was not adequately identified, substantial evidence does not support the determination that the substance was unauthorized and, therefore, contraband (see Matter of Cross v Annucci, 131 AD3d 758, 759 [2015]).

22
FMC Corp. v. Unmackgreen
ny · 1998 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Div.] v Unmack, 92 NY2d at 188) and that deference to the court’s painstaking factual determinations regarding valuation is appropriate in the absence of any error of law and in view of the weight of extensive credible evidence supporting its analysis (see Matter of Consolidated Edison Co. of N.Y., Inc. v City of New York, 8 NY3d at 595-596 ; Matter of General Elec.

2013Div.] v Unmack, 92 NY2d at 188) and that deference to the court’s painstaking factual determinations regarding valuation is appropriate in the absence of any error of law and in view of the weight of extensive credible evidence supporting its analysis (see Matter of Consolidated Edison Co. of N.Y., Inc. v City of New York, 8 NY3d at 595-596 ; Matter of General Elec.

22
People v. Rousegreen
nyappdiv · 2004 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

22
People v. Rogersgreen
nyappdiv · 2004 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

22
Compass Insurance Co. v. Cravens, Dargan & Co.green
wyo · 1988 · cited in 2 New York opinions naming this issue, 2004–2004
2 sentences

2004Co. v Cravens, Dargan & Co., 748 P2d 724, 728 [Wyo 1988] [where rules and regulations provided that the insured was responsible for the cleanup of the discharged oil, insured had the legal liability to clean up the oil spill despite the absence of any claim against the insured, and insured is obligated to pay for “these damages”; however, policy to pay for damage to property of others did not cover clean-up costs incurred on insured’s property]).

2004Co. v Cravens, Dargan & Co. , 748 P2d 724, 728 [Wyo 1988] [where rules and regulations provided that the insured was responsible for the cleanup of the discharged oil, insured had the legal liability to clean up the oil spill despite the absence of any claim against the insured, and insured is obligated to pay for "these damages"; however, policy to pay for damage to property of others did not cover clean-up costs incurred on insured's property]).

22
Fisher v. Charter Oak Life Insurancegreen
· 1884 · cited in 2 New York opinions naming this issue, 1891–1891
12
Herman v. 818 Woodward, LLCgreen
nyappdiv · 2023 · cited in 1 New York opinions naming this issue, 2025–2025
11
Charchan v. Wilkinsgreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2025–2025
11
Miller v. Almquistgreen
nyappdiv · 1998 · cited in 1 New York opinions naming this issue, 2025–2025
11
Matter of Jones v. Venettozzigreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021
11
Claim of Dingman v. General Fibre Box Co.green
nyappdiv · 1970 · cited in 1 New York opinions naming this issue, 2021–2021
11
Matter of Truman v. Venettozzigreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021
11
McCaskell v. Rodriguezgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021
11
People v. Whitlockgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2018–2018
11
People v. Vieweggreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2018–2018
11
People v. Algergreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2018–2018
11
Gravlin v. Ruppertgreen
ny · 2002 · cited in 1 New York opinions naming this issue, 2017–2017
11
Zibell v. Zibellgreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2017–2017
11
Hoyle v. Hoylegreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
11
Malone v. Malonegreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
11
Boden v. Bodengreen
ny · 1977 · cited in 1 New York opinions naming this issue, 2017–2017
11
Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn LLPgreen
ny · 1997 · cited in 1 New York opinions naming this issue, 2015–2015
11
Corby v. Citibankgreen
nyappdiv · 1988 · cited in 1 New York opinions naming this issue, 2015–2015
11
State v. Enrique D.green
ny · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
11
Schneider, Kleinick, Weitz, Damashek & Shoot v. City of New Yorkgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2015–2015
11
People ex rel. Hoffman v. Vincentgreen
nyappdiv · 1976 · cited in 1 New York opinions naming this issue, 2013–2013
11
Hascup v. Willigesgreen
nyappdiv · 1983 · cited in 1 New York opinions naming this issue, 2012–2012
11
Knapek v. MV Southwest Capegreen
nyappdiv · 1985 · cited in 1 New York opinions naming this issue, 2012–2012
11
Saha v. Recordgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2012–2012
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 (38)

CaseCitedYears
People v. Booker neutral
nyappdiv · 2003
2 sentences

2014However, the People had no reason to do so in the absence of any challenge from defendant (see People v Booker, 301 AD2d 477 [1st Dept 2003], lv denied 100 NY2d 592 [2003]).

2014However, the People had no reason to do so in the absence of any challenge from defendant (see People v Booker, 301 AD2d 477 [1st Dept 2003], lv denied 100 NY2d 592 [2003]).

22014–2014
General Electric Co. v. Assessor green
nyappdiv · 2008
2 sentences

2013Co. v Assessor of Town of Rotterdam, 54 AD3d at 472 ).

2013Co. v Assessor of Town of Rotterdam, 54 AD3d at 472 ).

22013–2013
Consolidated Edison Co. of New York, Inc. v. City of New York green
ny · 2007
2 sentences

2013Div.] v Unmack, 92 NY2d at 188) and that deference to the court’s painstaking factual determinations regarding valuation is appropriate in the absence of any error of law and in view of the weight of extensive credible evidence supporting its analysis (see Matter of Consolidated Edison Co. of N.Y., Inc. v City of New York, 8 NY3d at 595-596 ; Matter of General Elec.

2013Div.] v Unmack, 92 NY2d at 188) and that deference to the court’s painstaking factual determinations regarding valuation is appropriate in the absence of any error of law and in view of the weight of extensive credible evidence supporting its analysis (see Matter of Consolidated Edison Co. of N.Y., Inc. v City of New York, 8 NY3d at 595-596 ; Matter of General Elec.

22013–2013
New York State Crime Victims Board v. Harris green
nyappdiv · 2009
2 sentences

2012Indeed, given that “the Legislature went to great lengths to provide avenues to allow crime victims to be compensated for their losses” (Matter of New York State Crime Victims Bd. v Harris, 68 AD3d at 1271 ), the absence of any exception in the statute for public employee pensions evinces the Legislature’s intent to supersede the bar in Retirement and Social Security Law § 110.

2012Indeed, given that “the Legislature went to great lengths to provide avenues to allow crime victims to be compensated for their losses” (Matter of New York State Crime Victims Bd. v Harris, 68 AD3d at 1271 ), the absence of any exception in the statute for public employee pensions evinces the Legislature’s intent to supersede the bar in Retirement and Social Security Law § 110.

22012–2012
People v. Quinones green
nyappdiv · 2004
2 sentences

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

2012Upon review of the remaining factors — in particular, the absence of any claim of prejudice or significant delay caused by the People — we find no constitutional injury (see People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

22012–2012
Baptiste v. Northfield Foundry & Machine Co. green
nyappdiv · 1992
2 sentences

1997Co., 184 AD2d 841, 843-844 ; see also, Smith v Stark, 67 NY2d 693, 694 ; Van Buskirk v Migliorelli, 185 AD2d 587, 590 ).

1992Co., 184 AD2d 841, 843-844 ; see, Smith v Stark, 67 NY2d 693, 694 ).

21992–1997
Robles v. Grace Episcopal Church green
nyappdiv · 1993
2 sentences

1996In view of the relatively short period of delay involved, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant’s part, and the public policy in favor of resolving cases on the merits, the defendant’s motion to vacate its default was properly granted (see, Pollizotto v Ultra Express Coach, 220 AD2d 568 ; Robles v Grace Episcopal Church, 192 AD2d 515 ).

1995In view of the relatively short period of delay, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant’s part, and the public policy in favor of resolving cases on the merits, the defendant’s motion to vacate its default was properly granted (see, Robles v Grace Episcopal Church, 192 AD2d 515 ).

21995–1996
Five Platters, Inc. v. Williams green
nyappdiv · 1981
2 sentences

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and she is entitled to summary judgment dismissing the complaint.

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and this constitutes an additional reason for granting summary judgment to her.

21990–1990
Florio v. Cook green
ny · 1979
2 sentences

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and she is entitled to summary judgment dismissing the complaint.

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and this constitutes an additional reason for granting summary judgment to her.

21990–1990
People ex rel. Whitaker v. LeFevre green
ny · 1981
2 sentences

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and she is entitled to summary judgment dismissing the complaint.

1990(Florio v Cook, 48 NY2d 792 [1979]; Simcuski v Saeli, 44 NY2d 442 [1978]; Five Platters v Williams, 81 AD2d 534 [1st Dept 1981], appeal dismissed 54 NY2d 752 .) Finally, as to the claim against Jewelle Bickford, there is no evidence that the words were published and this constitutes an additional reason for granting summary judgment to her.

21990–1990
McNeill v. Lasala green
nyappdiv · 1985
2 sentences

1988In view of the relatively short period of the delay, the absence of any claim of prejudice to the plaintiff, the existence of a possible meritorious defense, the absence of any willfulness on the appellants’ part and the public policy in favor of resolving cases on the merits, the Supreme Court should have denied the cross motion and granted the appellants leave to file late answers (see, McNeill v LaSala, 115 AD2d 459 ).

1988In view of the relatively short period of the delay, the absence of any claim of prejudice to the plaintiff, the existence of a possible meritorious defense, the absence of any willfulness on the appellants’ part and the public policy in favor of resolving cases on the merits, the Supreme Court should have denied the cross motion and granted the appellants leave to file late answers (see, McNeill v Lasala, 115 AD2d 459 ).

21988–1988
Western New York Life Insurance v. Clinton green
· 1876
2 sentences

1965Co. v. Clinton ( 66 N. Y. 326 ) a bond was issued conditioned on the appointment of the principal Clinton, as agent of the plaintiff, to procure life insurance, collect premiums and pay to the plaintiff all money belonging to it.

1959Co. v. Clinton ( 66 N. Y. 326 ) a bond was issued conditioned on the appointment of the principal Clinton, as agent of the plaintiff, to procure life insurance, collect premiums and pay to the plaintiff all money belonging to it.

21959–1965
Ruckstuhl v. Healy neutral
nyappdiv · 1927
2 sentences

1935(Ruckstuhl v. Healy, 222 App. Div. 152 .) In the absence of any claim of fraud or misrepresentation, however, the vendee is put on notice of the contents of a duly recorded document and its meaning.” For the reasons assigned we are of the opinion that the judgment so far as appealed from by the defendant should be reversed, with costs, and the complaint dismissed, with costs.

1928(Ruckstuhl v. Healy, 222 App. Div. 152 .) In the absence of any claim of fraud or misrepresentation, however, the vendee is put on notice of the contents of a duly recorded document and its meaning.

21928–1935
Rudolph v. Southern Beneficial League neutral
nysupct · 1889
2 sentences

1912Rudolph v. Southern Beneficial League, 7 N. Y.

1912Rudolph v. Southern Beneficial League, 7 N. Y.

21912–1912
Roberts v. . Tobias neutral
ny · 1890
21892–1911
Gibbs v. New York City Employees' Retirement System green
nyappdiv · 1992
12024–2024
Matter of Richards v. Allied Universal Sec. green
nyappdiv · 2021
12022–2022
Sheila C. v. Povich green
nyappdiv · 2004
12020–2020
People v. Kevrekian green
nyappdiv · 2003
12020–2020
People v. Ryerson neutral
ny · 2008
12018–2018
People v. Alger green
ny · 2006
12018–2018
People v. McCain green
nycterr · 2018
12018–2018
Storozynski v. Storozynski green
nyappdiv · 2004
12017–2017
Kadyimov v. Mackinnon green
nyappdiv · 2011
12015–2015
Gordon v. Ratner green
nyappdiv · 2012
12015–2015
Wankel v. Spodek green
nyappdiv · 2003
12015–2015
Goldblum v. Franklin Munson Fire District green
nyappdiv · 2006
12015–2015
Zito v. Jastremski green
nyappdiv · 2006
12015–2015
Altman v. Donnenfeld green
nyappdiv · 2014
12015–2015
People v. Layton neutral
nyappdiv · 1986
12013–2013
Hornfeld v. Gaare green
nyappdiv · 1987
12013–2013
In re of an Investigation into the Death of Jon L. green
ny · 1982
12012–2012
Gallo v. McGoldrick neutral
nyappdiv · 1954
12010–2010
Oxford Group-Moral Re-Armament, MRA, Inc. v. Sweet green
ny · 1955
12010–2010
De Long v. County of Erie green
ny · 1983
12010–2010
Cuffy v. City of New York green
ny · 1987
12010–2010
People v. Payne green
ny · 2004
12009–2009
Eighty Eight Bleecker Co. v. 88 Bleecker Street Owners, Inc. green
nyappdiv · 2006
12009–2009

Where else courts name it

NY 158 (1876–2025) CA 109 (1884–2026) TX 48 (1908–2024) IL 45 (1899–2025) GA 42 (1889–2017) CT 39 (1937–2022) MA 28 (1872–2026) PA 28 (1827–2024) MO 24 (1893–2025) FL 22 (1919–2026) NJ 17 (1953–2025) LA 16 (1872–2021) OK 15 (1909–2018) OR 14 (1896–2022) NM 14 (1936–2025) MD 14 (1917–2019) MI 14 (1870–2026) OH 14 (1919–2026) KS 13 (1896–2009) WA 13 (1901–2014) IN 13 (1873–2005) KY 10 (1929–2015) DC 10 (1978–2026) UT 10 (1917–2024) IA 10 (1898–2019) WV 9 (1883–1998) NC 9 (1893–2018) TN 9 (1927–2015) MS 8 (1959–2014) VT 8 (1978–2025) CO 7 (1878–2009) MN 7 (1921–2014) AZ 7 (1970–2021) AL 7 (1902–2017) WI 6 (1880–2024) AR 6 (1944–2023) SD 5 (1894–2009) ME 5 (1984–2012) NV 5 (2016–2018) WY 5 (1899–2003) NE 4 (1922–1985) ND 4 (1903–2019) ID 4 (1905–1998) DE 4 (2006–2021) VA 3 (1999–2024) VI 2 (1979–2007) RI 2 (1966–1999) SC 2 (1985–2012) AK 2 (1977–1979) NH 2 (1971–2015) MT 2 (1985–1991)

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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