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20 New York opinions name it 4 courts 1980–2025 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 |
|---|---|---|
Westbrook v. WR Activities-Cabrera Marketsgreen2 sentences2018Moreover, although a defect or hazard may be discernable, this does not end the analysis, or compel a determination in favor of the property owner ( Westbrook v WR Activities-Cabrera Mkts ., 5 AD3d 69, 72 [1st Dept 2004]). 2018Moreover, although a defect or hazard may be discernable, this does not end the analysis, or compel a determination in favor of the property owner ( Westbrook v WR Activities-Cabrera Mkts ., 5 AD3d 69, 72 [1st Dept 2004]). | 2 | 2 |
Arens v. Shainswitgreen2 sentences2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene 2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene | 2 | 2 |
Zaubler v. Piconegreen2 sentences2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene 2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene | 2 | 2 |
Cymbol v. Cymbolgreen2 sentences2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene 2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene | 2 | 2 |
David v. Shainswitgreen2 sentences2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene 2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene | 2 | 2 |
Wright v. State of New Yorkgreen1 sentence2025Rather, "[b]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" ( Dreger v New York State Thruway Auth. , 81 NY2d 721, 724 [1992]; see Wright v State of New York , ___ NY3d ___, ___, 2025 NY Slip Op 01564, *3 [2025]). | 1 | 1 |
Dreger v. New York State Thruway Authoritygreen1 sentence2025Rather, "[b]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" ( Dreger v New York State Thruway Auth. , 81 NY2d 721, 724 [1992]; see Wright v State of New York , ___ NY3d ___, ___, 2025 NY Slip Op 01564, *3 [2025]). | 1 | 1 |
Guggenheimer v. Ginzburggreen1 sentence2018"When evidentiary material is considered" in connection with a motion to dismiss {** 31 NY3d at 644 }that has not been converted into a motion for summary judgment, "the criterion is whether the proponent of the pleading has a cause of action, not whether [they have] stated one, and, unless it has been shown that a material fact as claimed by the pleader to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, . . . dismissal should not eventuate" ( Guggenheimer v Ginzburg , 43 NY2d 268, 275 [1977]; see Carlson v American Intl. | 1 | 1 |
Promuto v. Waste Management, Inc.green2 sentences2017An indemnification provision must be read in conjunction with the other provisions of the agreement (see Promuto v Waste Mgt., Inc., 44 F Supp 2d 628, 650 [SD NY 1999]). 2017An indemnification provision must be read in conjunction with the other provisions of the agreement (see Promuto v Waste Mgt., Inc., 44 F Supp 2d 628, 650 [SD NY 1999]). | 1 | 1 |
Acosta v. City of New Yorkgreen1 sentence2007Thus, in Acosta v City of New York ( 24 AD3d 291, 292 [2005]), the plaintiff alleged that she fell in a tree well because it was not level with the surrounding sidewalk. | 1 | 1 |
People v. Wisegreen2 sentences2003Notwithstanding our holding on that issue, this does not end the inquiry since the People did not use the testimony of the CPS caseworker on its direct case. “[Statements elicited in violation of [a constitutional right], although not admissible on the prosecution’s case in chief, may nonetheless be used to impeach the defendant’s credibility” (People v Wise, 46 NY2d 321, 328-329 [1978], citing People v Harris, 25 NY2d 175 [1969], affd 401 US 222 [1971]). 2003By defendant’s denial, on direct examination, of any sexual contact with his daughter, he opened the door to the statements made to the CPS caseworker that admitted the possibility that the events occurred, but that he had blacked out as a result of the consumption of alcohol (see People v Wise, supra at 327-328). | 1 | 1 |
People v. Lloyd Winston G.green1 sentence1980This does not end our inquiry, however, for the Court of Appeals has aptly recognized that "Inasmuch as the error is of constitutional magnitude, a reversal and a new trial is required unless it can be said beyond a reasonable doubt that the error did not contribute to the conviction' (People v Almestica, 42 NY2d 222 ; People v Crimmins, 36 NY2d 230 )” (People v Lloyd Winston G., supra, p 964). | 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 |
|---|---|---|
In re the Estate of Lando
green
2 sentences2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene 2012“An attorney in fact is essentially an alter ego of the principal and is authorized to act with respect to any and all matters on behalf of the principal with the exception of those acts which, by their nature, by public policy, or by contract require personal performance” (Zaubler v Picone, 100 AD2d 620, 621 [1984]; see Matter of Arens v Shainswit, 37 AD2d 274, 279 [1971] [finding that attorney-in-fact was authorized to consent for his principal to be substituted as a candidate for elected judicial office], affd 29 NY2d 663 [1971]; Matter of Lando, 11 Misc 3d 866 [2006] [holding that the Gene | 2 | 2012–2012 |
Fisher v. United States
green
2 sentences1993The defendant cannot avoid compliance with a subpoena for an item in his possession "merely by asserting that the item of evidence which he is required to produce contains incriminating [statements], whether his own or that of someone else.” (Fisher v United States, supra, 425 US, at 410 .) Nor is the fact alone that the defendant may be heard to incriminate himself with his own voice, grounds for invoking the privilege where as here there is no claim that the government compelled the defendant to speak. 1982There being no self incrimination involved, Rosner has no Fifth Amendment right; nor may he assert the right on behalf of his client, against whom no compulsion has been directed (see Fisher v United States , 425 US 391, 396-401 ). *76 This does not end the inquiry, however. | 2 | 1982–1993 |
Whole Woman's Health v. Hellerstedt
green
1 sentence2017The public debate over the morality of abortion continually rages on, with each side finding the position of the other untenable (see Whole Woman’s Health v Hellerstedt, 579 US —, 136 S Ct 2292 [June 27, 2016]). | 1 | 2017–2017 |
Torres v. Industrial Container
green
1 sentence2012On a motion for summary judgment, the movant bears the burden of adducing affirmative evidence of its entitlement to summary judgment (Torres v Industrial Container, 305 AD2d 136 [2003]). | 1 | 2012–2012 |
Miller v. Doniger
green
1 sentence2009While the PMA may be subject to the remedies of the Debtor and Creditor Law and, as a conveyee under the jurisdiction of the court, could be ordered to deliver even out-of-state assets of the judgment debtor to the judgment creditors (see Miller v Doniger, 28 AD3d 405 [1st Dept 2006]), the focus of this appeal remains on the funds restrained in the BNY and whether they are the property of the PMA or the PA to the extent that the BNY could be ordered to turn them over to the Ungars. | 1 | 2009–2009 |
In re Sheena D.
green
1 sentence2009In Sheena D. (supra), the Court of Appeals held that an order of protection issued in an article 10 proceeding may not extend beyond the order of fact-finding and disposition, although supervision over a case and, consequently, possible extension of an order of protection, may take place after meaningful periodic review. | 1 | 2009–2009 |
Lemma v. Off Track Betting Corp.
green
1 sentence2004(Lemma v Off Track Betting Corp., 272 AD2d 669 [2000].) In exercising such discretion, the court must consider the factors set forth in General Municipal Law § 50-e (5). | 1 | 2004–2004 |
Harris v. New York
green
1 sentence2003Notwithstanding our holding on that issue, this does not end the inquiry since the People did not use the testimony of the CPS caseworker on its direct case. “[Statements elicited in violation of [a constitutional right], although not admissible on the prosecution’s case in chief, may nonetheless be used to impeach the defendant’s credibility” (People v Wise, 46 NY2d 321, 328-329 [1978], citing People v Harris, 25 NY2d 175 [1969], affd 401 US 222 [1971]). | 1 | 2003–2003 |
People v. Harris
green
1 sentence2003Notwithstanding our holding on that issue, this does not end the inquiry since the People did not use the testimony of the CPS caseworker on its direct case. “[Statements elicited in violation of [a constitutional right], although not admissible on the prosecution’s case in chief, may nonetheless be used to impeach the defendant’s credibility” (People v Wise, 46 NY2d 321, 328-329 [1978], citing People v Harris, 25 NY2d 175 [1969], affd 401 US 222 [1971]). | 1 | 2003–2003 |
Japan Line, Ltd. v. County of Los Angeles
green
1 sentence1997In advancing their Commerce Clause argument, plaintiffs rely heavily upon Japan Line v County of Los Angeles ( 441 US 434 ). | 1 | 1997–1997 |
Container Corp. of America v. Franchise Tax Board
green
1 sentence1997This does not end our inquiry since this case involves Canadian trucking corporations, thereby implicating the Foreign Commerce Clause (US Const, art I, § 8) which requires us to determine if the challenged tax exposes plaintiffs to an enhanced risk of multiple taxation and impairs Federal uniformity in an area where Federal uniformity is essential (see, Container Corp. v Franchise Tax Bd., 463 US 159, 185-186 ). | 1 | 1997–1997 |
Nassau County Council Boy Scouts v. Board of Assessors
green
1 sentence1993This does not end the inquiry, however, for the burden is on the taxpayer to demonstrate entitlement to the exemption (see, Matter of New York Botanical Garden v Assessors of Town of Washington, 55 NY2d 328 ; Matter of Nassau County Council Boy Scouts v Board of Assessors, 84 AD2d 862 ), and the statutory requirements should be construed strictly against the taxpayer, although "an interpretation so literal and narrow that it defeats the exemption’s settled purpose is to be avoided” (Matter of Symphony Space v Tishelman, 60 NY2d 33, 36 , supra). | 1 | 1993–1993 |
Symphony Space, Inc. v. Tishelman
green
1 sentence1993This does not end the inquiry, however, for the burden is on the taxpayer to demonstrate entitlement to the exemption (see, Matter of New York Botanical Garden v Assessors of Town of Washington, 55 NY2d 328 ; Matter of Nassau County Council Boy Scouts v Board of Assessors, 84 AD2d 862 ), and the statutory requirements should be construed strictly against the taxpayer, although "an interpretation so literal and narrow that it defeats the exemption’s settled purpose is to be avoided” (Matter of Symphony Space v Tishelman, 60 NY2d 33, 36 , supra). | 1 | 1993–1993 |
Mtr. of Ny Botanical Garden v. Assess. of the Town of Wash.
green
1 sentence1993This does not end the inquiry, however, for the burden is on the taxpayer to demonstrate entitlement to the exemption (see, Matter of New York Botanical Garden v Assessors of Town of Washington, 55 NY2d 328 ; Matter of Nassau County Council Boy Scouts v Board of Assessors, 84 AD2d 862 ), and the statutory requirements should be construed strictly against the taxpayer, although "an interpretation so literal and narrow that it defeats the exemption’s settled purpose is to be avoided” (Matter of Symphony Space v Tishelman, 60 NY2d 33, 36 , supra). | 1 | 1993–1993 |
Matter of Vanderbilt (Rosner-Hickey)
green
1 sentence1993(See, e.g., In re Proceedings Before Aug. 6, 1984 Grand Jury, 767 F2d 39 [2d Cir 1985].) Although a tape recording is "clearly testimonial in that it is an aural record of the accused’s communication” (Matter of Vanderbilt [Rosner — Hickey], supra, 57 NY2d, at 79 ), 5 this does not end the inquiry. | 1 | 1993–1993 |
West Irondequoit Teachers Ass'n v. Helsby
green
1 sentence1992As noted by the majority, "[although these [managerial] decisions are excluded from bargaining, their practical impact on employees may be bargainable” (majority opn, at 127; Matter of West Irondequoit Teachers Assn. v Helsby, 35 NY2d 46, 51-52 , supra). | 1 | 1992–1992 |
People v. Crimmins
green
1 sentence1980This does not end our inquiry, however, for the Court of Appeals has aptly recognized that "Inasmuch as the error is of constitutional magnitude, a reversal and a new trial is required unless it can be said beyond a reasonable doubt that the error did not contribute to the conviction' (People v Almestica, 42 NY2d 222 ; People v Crimmins, 36 NY2d 230 )” (People v Lloyd Winston G., supra, p 964). | 1 | 1980–1980 |
People v. Almestica
green
1 sentence1980This does not end our inquiry, however, for the Court of Appeals has aptly recognized that "Inasmuch as the error is of constitutional magnitude, a reversal and a new trial is required unless it can be said beyond a reasonable doubt that the error did not contribute to the conviction' (People v Almestica, 42 NY2d 222 ; People v Crimmins, 36 NY2d 230 )” (People v Lloyd Winston G., supra, p 964). | 1 | 1980–1980 |
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.