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20 New York opinions name it 3 courts 1884–2023 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 |
|---|---|---|
Minichello v. Northern Assurance Co. of Americagreen2 sentences2014Co. of Am., 304 AD2d at 732 [internal quotation marks omitted]; see Garcia v Peterson, 32 AD3d 992, 993 [2006]; Brown v Royal Ins. 2014Co. of Am., 304 AD2d at 732 [internal quotation marks omitted]; see Garcia v Peterson, 32 AD3d 992, 993 [2006]; Brown v Royal Ins. | 3 | 3 |
Matthew Adam Props., Inc. v. The United House of Prayer for All People of the Church on the Rock of the Apostolic Faithgreen2 sentences2021Waiver "will . . . [not] be implied unless the opposite party is misled to his or her prejudice into the belief that a waiver was intended" ( Jin Ming Chen v Insurance Co. of State of Pa ., 165 AD3d 588 , 589 [1st Dept 2018] [internal quotation marks omitted], affd 36 NY3d 133 [2020]); hence, a finding of waiver cannot be based upon "mere silence or oversight," or upon "mistake, negligence or thoughtlessness" ( Matthew Adam Props., Inc. v United House of Prayer for All People of the Church on the Rock of the Apostolic Faith , 126 AD3d 599, 601 [1st Dept 2015]; see also MLB Constr. 2021Waiver "will . . . [not] be implied unless the opposite party is misled to his or her prejudice into the belief that a waiver was intended" ( Jin Ming Chen v Insurance Co. of State of Pa ., 165 AD3d 588 , 589 [1st Dept 2018] [internal quotation marks omitted], affd 36 NY3d 133 [2020]); hence, a finding of waiver cannot be based upon "mere silence or oversight," or upon "mistake, negligence or thoughtlessness" ( Matthew Adam Props., Inc. v United House of Prayer for All People of the Church on the Rock of the Apostolic Faith , 126 AD3d 599, 601 [1st Dept 2015]; see also MLB Constr. | 2 | 2 |
Garcia v. Petersongreen2 sentences2014Co. of Am., 304 AD2d at 732 [internal quotation marks omitted]; see Garcia v Peterson, 32 AD3d 992, 993 [2006]; Brown v Royal Ins. 2014Co. of Am., 304 AD2d at 732 [internal quotation marks omitted]; see Garcia v Peterson, 32 AD3d 992, 993 [2006]; Brown v Royal Ins. | 2 | 2 |
Perez-Wilson v. McPheegreen2 sentences2012Further, rule 8 (h) of the Rules of the Alternative Dispute Resolution Program, Commercial Division, Supreme Court, New York County provides that “[t]he Justice may impose sanctions or take such other action as is necessary to ensure respect for the court’s Order and these Rules.” On the record before us, striking the complaint and the reply to counterclaims was a provident exercise of discretion. “ [Mediation procedures were established to resolve cases expeditiously and conserve judicial resources,” and a party’s failure to abide by the directives of a mediator evidences willful and contumac 2011Further, rule 8 (h) of the Commercial Division, Supreme Court, New York County, Rules of the Alternative Dispute Resolution Program, provides that “[t]he Justice may impose sanctions or take such other action as is necessary to ensure respect for the court’s Order and these Rules.” On the record before us, striking the complaint and the reply to counterclaims was a provident exercise of discretion. “ [Mediation procedures were established to resolve cases expeditiously and conserve judicial resources,” and a party’s failure to abide by the directives of a mediator evidences willful and contuma | 2 | 2 |
MLB Constr. Servs., LLC v. Dormitory Auth. of the State of N.Y.green2 sentences2021Servs., LLC v Dormitory Auth. of the State of N.Y ., 194 AD3d 1140, 1141 [3d Dept 2021] [waiver "must be explicit, unmistakable, and unambiguous," and "cannot be inferred by a doubtful or equivocal act"] [internal quotation marks omitted], lv dismissed 37 NY3d 1046 [2021]). 2021Servs., LLC v Dormitory Auth. of the State of N.Y ., 194 AD3d 1140 , 1141 [3d Dept 2021] [waiver "must be explicit, unmistakable, and unambiguous," and "cannot be inferred by a doubtful or equivocal act"] [internal quotation marks omitted], lv dismissed 37 NY3d 1046 [2021]). | 1 | 2 |
Paramount Insurance v. Rosedale Gardens, Inc.green1 sentence2005Co. v Rosedale Gardens, 293 AD2d 235, 239 [2002].) At issue is not whether an insured believes that he or she will ultimately be found hable but whether he or she has a reasonable basis for a belief that no claim will be asserted against him or her. | 1 | 1 |
875 Forest Ave. Corp. v. Ætna Casualty & Surety Co.green1 sentence2004Co., 37 AD2d 11, 12 [1st Dept 1971], affd 30 NY2d 726 [1972].) At issue is not whether an insured believes that he will ultimately be found liable for the injury but whether he has a reasonable basis for a belief that no claim will be asserted against him. {SSBSS Realty v Public Serv. | 1 | 1 |
Carat Diamond Corp. v. Underwriters at Lloyd's, Londongreen1 sentence2003The plaintiffs failed to offer evidence that the defendants committed any act, much less that they engaged in a course of conduct which lulled them into inactivity in the belief that their claim would ultimately be processed (see 71 NY Jur 2d, Insurance, § 2351 at 521-524; see also Carat Diamond Corp. v Underwriters At Lloyd’s, London, 123 AD2d 544, 546 [1986]), or that they were “induced by fraud, misrepresentation or deception to refrain from commencing a timely action” (Kiernan v Long Is. | 1 | 1 |
Kiernan v. Long Island Rail Roadgreen1 sentence2003R.R., 209 AD2d 588, 589 [1994]; see Phillips v Dweck, 300 AD2d 969 [2002]; cf. Simcuski v Saeli, 44 NY2d 442 , 448-449 [1978]). | 1 | 1 |
Phillips v. Dweckgreen1 sentence2003R.R., 209 AD2d 588, 589 [1994]; see Phillips v Dweck, 300 AD2d 969 [2002]; cf. Simcuski v Saeli, 44 NY2d 442 , 448-449 [1978]). | 1 | 1 |
Fahy v. Connecticutgreen1 sentence2000(Chapman v California, supra, at 23; Fahy v Connecticut, 375 US 85, 86-87 [1963]; People v Crimmins, 36 NY2d 230 [1975].) Hence, before a Federal constitutional error may be held harmless, the reviewing court must be able to declare a belief that the error was harmless beyond a reasonable doubt. | 1 | 1 |
Chapman v. Californiared2 sentences2000(Chapman v California, supra, at 23; Fahy v Connecticut, 375 US 85, 86-87 [1963]; People v Crimmins, 36 NY2d 230 [1975].) Hence, before a Federal constitutional error may be held harmless, the reviewing court must be able to declare a belief that the error was harmless beyond a reasonable doubt. 2000(Chapman v California, supra, at 24.) Having reviewed the trial transcript as well as defendant’s offer of proof in his moving papers, I conclude that the error in this case was harmless beyond a reasonable doubt. | 1 | 1 |
People v. Perezgreen1 sentence2000(See, People v Perez, 149 AD2d 344, 345 [without traffic infraction no reasonable basis existed to stop vehicle]; People v Yard, 147 Misc 2d 609 [no reasonable basis to stop vehicle existed where police acted on mistaken belief that passing on right side was prohibited in all instances, where law permitted such conduct under certain conditions which the defendant had met].) Conduct of the Defendant: The police also based the stop of the vehicle on the conduct of the defendant when he observed the police van pull up alongside the cab. | 1 | 1 |
White v. City of New Yorkgreen1 sentence1998Co., 170 AD2d 394 ; see, White v City of New York, supra, at 958; Security Mut. | 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 |
|---|---|---|
Gilbert Frank Corp. v. Federal Insurance
green
2 sentences2021In sum, there is nothing in the record "from which a clear manifestation of intent . . . to relinquish [the three privilege claims] could be reasonably inferred" ( Gilbert Frank Corp. , 70 NY2d at 968 ). 2021In sum, there is nothing in the record "from which a clear manifestation of intent . . . to relinquish [the three privilege claims] could be reasonably inferred" ( Gilbert Frank Corp. , 70 NY2d at 968 ). | 2 | 2021–2021 |
Bordell v. General Electric Co.
green
1 sentence2023Co. , 88 NY2d 869 , 871 [1996]; Young v Madison-Oneida Bd. of Coop. | 1 | 2023–2023 |
DiFlorio v. Van Slyke
green
1 sentence2009In addition, defendant was not denied a fair trial when the prosecutor made an isolated comment that in effect insulted and denigrated defense counsel by referring to the belief of defense counsel that he could convince the jury that the victim was unintentionally killed (see generally People v Walker, 234 AD2d 962 , 963 [1996], lv denied 89 NY2d 1042 [1997]). | 1 | 2009–2009 |
People v. DeJesus
neutral
1 sentence2009The record does not support defendant’s contention that the prosecutor acted as an unsworn witness (see generally People v DeJesus, 46 AD3d 325 [2007], lv denied 10 NY3d 763 [2008]), and defendant failed to preserve for our review his further contention that the prosecutor improperly shifted the burden of proof to defendant (see CPL 470.05 [2]). | 1 | 2009–2009 |
875 Forest Avenue Corp. v. Aetna Casualty & Surety Co.
green
1 sentence2004Co., 37 AD2d 11, 12 [1st Dept 1971], affd 30 NY2d 726 [1972].) At issue is not whether an insured believes that he will ultimately be found liable for the injury but whether he has a reasonable basis for a belief that no claim will be asserted against him. {SSBSS Realty v Public Serv. | 1 | 2004–2004 |
People v. Yard
neutral
1 sentence2000(See, People v Perez, 149 AD2d 344, 345 [without traffic infraction no reasonable basis existed to stop vehicle]; People v Yard, 147 Misc 2d 609 [no reasonable basis to stop vehicle existed where police acted on mistaken belief that passing on right side was prohibited in all instances, where law permitted such conduct under certain conditions which the defendant had met].) Conduct of the Defendant: The police also based the stop of the vehicle on the conduct of the defendant when he observed the police van pull up alongside the cab. | 1 | 2000–2000 |
People v. Crimmins
green
1 sentence2000(Chapman v California, supra, at 23; Fahy v Connecticut, 375 US 85, 86-87 [1963]; People v Crimmins, 36 NY2d 230 [1975].) Hence, before a Federal constitutional error may be held harmless, the reviewing court must be able to declare a belief that the error was harmless beyond a reasonable doubt. | 1 | 2000–2000 |
AMRO Carting Corp. v. Allcity Insurance
neutral
1 sentence1998Co., 170 AD2d 394 ; see, White v City of New York, supra, at 958; Security Mut. | 1 | 1998–1998 |
Incorporated Village of Old Field v. Introne
neutral
1 sentence1986Corp., 81 AD2d 906 .) In nonetheless concluding that disqualification is inappropriate in the circumstances disclosed by this record, I do so in the belief that the principle of literal compliance with the apparent requirements of the relevant disciplinary rules should be judicially reconsidered in light of the growing scholarly and professional judgment that the concerns that led to the adoption of DR 5-101 (B) and DR 5-102 (A) and (B) were in large part overstated and unrealistic, and that the result of a literal application of those rules to a motion to disqualify in many instances deprives | 1 | 1986–1986 |
Herlihy v. Costa
neutral
1 sentence1957We are constrained to the belief however that the rule should be changed.” (Wilhelm v. Abel, 1 AD 2d 55, 56 .) The Wilhelm case has been followed by the Special Term in the Second Department in Herlihy v. Costa ( 5 Misc 2d 192 ). | 1 | 1957–1957 |
Wilhelm v. Abel
green
1 sentence1957We are constrained to the belief however that the rule should be changed.” (Wilhelm v. Abel, 1 AD 2d 55, 56 .) The Wilhelm case has been followed by the Special Term in the Second Department in Herlihy v. Costa ( 5 Misc 2d 192 ). | 1 | 1957–1957 |
People v. . Dixon
green
1 sentence1951(People v. Dixon, 231 N. Y. 111, 121 .) Finding in the record before us no error so substantial in its effect upon the defendant’s rights as to warrant a reversal of the judgment of conviction and a new trial, we dissent and vote for affirmance. | 1 | 1951–1951 |
Nodine v. Greenfield
green
1 sentence1922I can find no case where the rule, as expressed in Nodine v. Greenfield (supra) has been applied to living contingent remainder-men, but do find that it has been repeatedly applied to unborn children. | 1 | 1922–1922 |
Meyer v. . Knickerbocker Life Ins. Co.
green
1 sentence1884J., that “ if it was the practice of the company to notify the plaintiff of the times her premiums were due and payable, and omitted on the occasion of the default; or if they so dealt with her as to' induce a belief that the clause of forfeiture would not be insisted on in her case, in case of a dereliction of payment at the day, and it was declared that the only risk she ran in not paying at the precise time, was death oecuring in the interval of non-payment of overdue premiums, and thus put her off her guard, they ought not to be permitted to take advantage of a default which they may thems | 1 | 1884–1884 |
Matter of Att'y-Gen'l v. . Cont. Life Ins. Co.
neutral
1 sentence1884The case of Attorney General v. Continental Life Insurance Company ( 93 N. Y., 70 ) has been relied upon as establishing a different principle and sustaining the view adopted and followed by the referee! | 1 | 1884–1884 |
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.