Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
23 New York opinions name it 5 courts 1897–2021 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 |
|---|---|---|
Garcia v. Zitogreen2 sentences2014Here, Traub Lieberman failed to set forth new facts which would warrant a change in the Supreme Court’s prior determination that Traub Lieberman’s motion to withdraw as counsel was an improper attempt to test the propriety of the disclaimer of coverage by American Guarantee (see Pryer v DeMatteis Orgs., 259 AD2d 476, 477 [1999]; Garcia v Zito, 242 AD2d 258, 259 [1997]). 2014Here, Traub Lieberman failed to set forth new facts which would warrant a change in the Supreme Court’s prior determination that Traub Lieberman’s motion to withdraw as counsel was an improper attempt to test the propriety of the disclaimer of coverage by American Guarantee (see Pryer v DeMatteis Orgs., 259 AD2d 476, 477 [1999]; Garcia v Zito, 242 AD2d 258, 259 [1997]). | 3 | 3 |
Pryer v. DeMatteis Organizations, Inc.green2 sentences2014Here, Traub Lieberman failed to set forth new facts which would warrant a change in the Supreme Court’s prior determination that Traub Lieberman’s motion to withdraw as counsel was an improper attempt to test the propriety of the disclaimer of coverage by American Guarantee (see Pryer v DeMatteis Orgs., 259 AD2d 476, 477 [1999]; Garcia v Zito, 242 AD2d 258, 259 [1997]). 2014Here, Traub Lieberman failed to set forth new facts which would warrant a change in the Supreme Court’s prior determination that Traub Lieberman’s motion to withdraw as counsel was an improper attempt to test the propriety of the disclaimer of coverage by American Guarantee (see Pryer v DeMatteis Orgs., 259 AD2d 476, 477 [1999]; Garcia v Zito, 242 AD2d 258, 259 [1997]). | 3 | 3 |
Brothers v. Burtgreen2 sentences2011The motion court properly denied the law firm’s motion without reaching the merits of the coverage dispute, since it is settled that a motion for withdrawal by counsel under such circumstances is an improper attempt to test an insurer’s disclaimer of coverage (see Brothers v Burt, 27 NY2d 905 [1970]). “[T]he right of an insurer to deny coverage[ ] can only be resolved by a declaratory judgment action in which the defendants] would be able to adequately litigate the facts of [the insurance company’s] disclaimer” (Sojka v 43 Wooster LLC, 19 AD3d 266, 267 [2005] [internal quotation marks and cita 2005We agree and reverse, as it is settled that a motion for withdrawal by counsel under such circumstances is an improper attempt to test the disclaimer of coverage by the insurer (see Brothers v Burt, 27 NY2d 905, 906 [1970]; Pryer v DeMatteis Orgs., Inc., 259 AD2d 476, 477 [1999]; Garcia v Zito, 242 AD2d 258, 259 [1997]), and that the right of an insurer to deny coverage, “ ‘can only be resolved by a declaratory judgment action in which the defendant would be able to adequately litigate the facts of [the insurance company’s] disclaimer’ ” (Garcia v Zito, 242 AD2d at 259 , quoting Laura Accessor | 1 | 3 |
Palmiotti v. Piscitelligreen1 sentence2021The proper procedure to pursue that argument was to take an appeal from either the order denying the mother's motions [*2]to vacate or the 2020 order adjudicating the subject child to be derivatively neglected ( see Family Ct Act § 1061; Matter of Palmiotti v Piscitelli , 100 AD3d 637, 638-639 [2012]; People ex rel. | 1 | 1 |
Sojka v. 43 Wooster LLCgreen1 sentence2011The motion court properly denied the law firm’s motion without reaching the merits of the coverage dispute, since it is settled that a motion for withdrawal by counsel under such circumstances is an improper attempt to test an insurer’s disclaimer of coverage (see Brothers v Burt, 27 NY2d 905 [1970]). “[T]he right of an insurer to deny coverage[ ] can only be resolved by a declaratory judgment action in which the defendants] would be able to adequately litigate the facts of [the insurance company’s] disclaimer” (Sojka v 43 Wooster LLC, 19 AD3d 266, 267 [2005] [internal quotation marks and cita | 1 | 1 |
People v. Cabagreen1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
Giuamara v. O'Donnellgreen1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
Bowen v. Mahoney Coal Corp.green1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
Saunders v. Champlain Bus Corp.green1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
Toomey v. Farleygreen1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
People v. Woodgreen1 sentence2009Such questioning can only be viewed as an improper attempt to challenge Kriegman’s credibility based upon his religious beliefs and such a tactic has no place in either a civil or a criminal trial (see People v Wood, 66 NY2d 374, 378 [1985]; Toomey v Farley, 2 NY2d 71, 82 [1956]; People v Caba, 66 AD3d 1121, 1123 [2009]; Giuamara v O’Donnell, 96 AD2d 1049, 1051 [1983]; Saunders v Champlain Bus Corp., 263 App Div 683, 684 [1942]; Bowen v Mahoney Coal Corp., 256 App Div 485, 485-486 [1939]). | 1 | 1 |
People v. Hillgreen1 sentence2003People v Hill, 225 AD2d 902, 902-903 [1996], lv denied 88 NY2d 1021 [1996]). | 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 |
|---|---|---|
Laura Accessories, Inc. v. A.P.A. Warehouses, Inc.
green
2 sentences2005Warehouses, Inc., 140 AD2d 182 [1988]). 1997Warehouses, 140 AD2d 182 ; cf., Dordal v Laces Roller Corp., 143 AD2d 727 ; Cullen v Olins Leasing, 91 AD2d 537, 538 ). | 2 | 1997–2005 |
In re Jackman
neutral
1 sentence2010The petitioner’s remaining contentions either are an improper attempt to challenge a determination of the nonparty Zoning Board of Appeals of the Incorporated Village of Great Neck granting the respondents’ application for a street frontage variance after having failed to commence a CPLR article 78 proceeding challenging that determination (see Village Law § 7-712-c; Matter of Ip v Village of N. Hills, 61 AD3d 688 [2009]), or are without merit. | 1 | 2010–2010 |
Dolce v. Northwestern Mutual Life Insurance
green
1 sentence2010Co., 272 AD2d 432 [2000]), and their fourth cause of action, alleging that the subject policies were unsuitable for their needs, was properly treated by the court as an attempt to state a claim under 28 USC § 1658 (b), the Sarbanes-Oxley Act, which is governed by a statute of limitations of two years after the discovery of the facts constituting the violation, or five years after the violation. | 1 | 2010–2010 |
Menna v. New York City Employees' Retirement System
green
1 sentence1997Warehouses, 140 AD2d 182 ; cf., Dordal v Laces Roller Corp., 143 AD2d 727 ; Cullen v Olins Leasing, 91 AD2d 537, 538 ). | 1 | 1997–1997 |
Kleet Lumber Co. v. J&J Foley Construction Corp.
green
1 sentence1997The court correctly denied the appellant’s motion to withdraw as counsel as an improper attempt to test the attempted disclaimer of coverage by the insurer of the defendant Club South Inc., d/b/a Phases (see, Brothers v Burt, 27 NY2d 905 ; Monaghan v Meade, 91 AD2d 1014, 1015 ; Laura Accessories v A.P.A. | 1 | 1997–1997 |
Dordal v. Laces Roller Corp.
green
1 sentence1997Warehouses, 140 AD2d 182 ; cf., Dordal v Laces Roller Corp., 143 AD2d 727 ; Cullen v Olins Leasing, 91 AD2d 537, 538 ). | 1 | 1997–1997 |
Elizabeth A. P. v. Paul T. P.
green
1 sentence1995P. ( 199 AD2d 1030 , rearg denied App Div, 4th Dept, Mar. 30, 1994), the Fourth Department found that a mother could not invoke equitable estoppel to bar the father’s attempt to challenge paternity and to modify the support provisions of a judgment of divorce on the basis of blood tests of himself and the child, consented to by the mother, excluding him as the father. | 1 | 1995–1995 |
People v. Favor
green
1 sentence1995Because the second conference was not a de novo hearing, there was no "potential for additional meaningful input by defendant” (People v Favor, 82 NY2d 254, 268 ). | 1 | 1995–1995 |
People v. Caserta
green
1 sentence1993During cross-examination, the defense counsel chose to explore the photographic identifications of the defendant, an area which the People were clearly prohibited from exploring, and in fact did not explore, on their direct case (see, People v Caserta, 19 NY2d 18 ). | 1 | 1993–1993 |
Fishman v. Scheuer
green
1 sentence1991The cross-examination here was an attempt to challenge the reliability of the plaintiff Ann Smith’s account of how the incident in question occurred, but was not an attempt to show that her testimony was a recent fabrication (see, Fishman v Scheuer, 39 NY2d 502, 504 ). | 1 | 1991–1991 |
People v. Nelli
neutral
1 sentence1987Having knowingly and willingly participated in an attempt to obstruct justice through perjured testimony, he is not in a position to ask this court to undo the consequences of his own conscious wrongdoing on the ground that he was encouraged in this attempt by his defense attorney (see, People v Nelli, 29 AD2d 725, 726 ). | 1 | 1987–1987 |
Tanzer v. Turbodyne Corp.
green
1 sentence1981In Tanzer v Turbodyne Corp. ( 68 AD2d 614 , supra), the Appellate Division, First Department, was confronted with such circumstances. | 1 | 1981–1981 |
United States v. Wade
green
1 sentence1972While the admissibility of this identification may also be challenged in a later hearing (see United States v. Wade, 388 U. S. 218 ; Gilbert v. California, 388 U. S. 263 ; People v. Ballott, 20 N Y 2d 600), theoretically, at least an extreme situation could arise in which the station house identification procedure was so improper — for example, the police coerced the victim into saying that the defendant was in fact the perpetrator — that the in-court identification, standing alone, might be insufficient to meet even the “ reasonably likely ” standard. | 1 | 1972–1972 |
Gilbert v. California
green
1 sentence1972While the admissibility of this identification may also be challenged in a later hearing (see United States v. Wade, 388 U. S. 218 ; Gilbert v. California, 388 U. S. 263 ; People v. Ballott, 20 N Y 2d 600), theoretically, at least an extreme situation could arise in which the station house identification procedure was so improper — for example, the police coerced the victim into saying that the defendant was in fact the perpetrator — that the in-court identification, standing alone, might be insufficient to meet even the “ reasonably likely ” standard. | 1 | 1972–1972 |
Chester v. State
neutral
1 sentence1971(Chester v. State, supra; Sumerel v. Pinder, 83 So. 2d 692 [Sup. Ct. Fla., 1955]; Broadnax v. Ledbetter, 100 Tex. 375 ; Howland v. Lounds, 51 N. Y. 604 ; Rubenstein v. Frost, 116 N. Y. | 1 | 1971–1971 |
| Howland v. . Lounds neutral | 1 | 1971–1971 |
Michelson v. United States
green
1 sentence1971In arriving at this conclusion I am mindful of the latitude permitted in cross-examining a character witness on the theory that the defendant in using such witness throws open the entire subject of his good name (People v. Alamo, 23 N Y 2d 630; Michelson v. United States, 335 U. S. 469 ). | 1 | 1971–1971 |
Sumerel v. Pinder
green
1 sentence1971(Chester v. State, supra; Sumerel v. Pinder, 83 So. 2d 692 [Sup. Ct. Fla., 1955]; Broadnax v. Ledbetter, 100 Tex. 375 ; Howland v. Lounds, 51 N. Y. 604 ; Rubenstein v. Frost, 116 N. Y. | 1 | 1971–1971 |
Broadnax v. Ledbetter
green
1 sentence1971(Chester v. State, supra; Sumerel v. Pinder, 83 So. 2d 692 [Sup. Ct. Fla., 1955]; Broadnax v. Ledbetter, 100 Tex. 375 ; Howland v. Lounds, 51 N. Y. 604 ; Rubenstein v. Frost, 116 N. Y. | 1 | 1971–1971 |
| Darweger v. Staats neutral | 1 | 1935–1935 |
| Darweger v. Staats green | 1 | 1935–1935 |
| Matter of Kings County Elevated R.R. Co. neutral | 1 | 1916–1916 |
| Webster v. Welch green | 1 | 1907–1907 |
| Machauer v. Fogel green | 1 | 1897–1897 |
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.