17 New York opinions name it 4 courts 1899–2021 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 |
|---|---|---|
Ingram v. Boonegreen2 sentences2021Nevertheless, "the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim [or grievance] is not prohibited by this constitutional provision" ( Ingram v Boone , 91 AD2d 1063, 1064 [1983]; see Matter of Antonopolou v Beame , 32 NY2d 126, 130-131 [1973]; Piro v Bowen , 76 AD2d 392, 398 [1980], lv denied 52 NY2d 702 [1980]; compare 1983 Ops St Comp No. 83-158 at 199). 2015First, although NY Constitution, article VII, § 8 indeed “serve [s] to prevent improvident fiscal decision-making and preferential treatment” with regard to the disbursement of state funds (Bordeleau v State of New York, 18 NY3d 305, 317 [2011]), “the payment of public funds as damages ... in settlement of a contested claim is not prohibited by this constitutional provision” (Ingram v Boone, 91 AD2d 1063, 1064 [1983]; cf. Matter of County of Nassau v Patalano, 128 AD3d 694, 695 [2015]). | 3 | 3 |
Bordeleau v. State of NYgreen2 sentences2015First, although NY Constitution, article VII, § 8 indeed “serve [s] to prevent improvident fiscal decision-making and preferential treatment” with regard to the disbursement of state funds (Bordeleau v State of New York, 18 NY3d 305, 317 [2011]), “the payment of public funds as damages ... in settlement of a contested claim is not prohibited by this constitutional provision” (Ingram v Boone, 91 AD2d 1063, 1064 [1983]; cf. Matter of County of Nassau v Patalano, 128 AD3d 694, 695 [2015]). 2015First, although NY Constitution, article VII, § 8 indeed “serve [s] to prevent improvident fiscal decision-making and preferential treatment” with regard to the disbursement of state funds (Bordeleau v State of New York, 18 NY3d 305, 317 [2011]), “the payment of public funds as damages ... in settlement of a contested claim is not prohibited by this constitutional provision” (Ingram v Boone, 91 AD2d 1063, 1064 [1983]; cf. Matter of County of Nassau v Patalano, 128 AD3d 694, 695 [2015]). | 2 | 2 |
Matter of County of Nassau v. Patalanogreen2 sentences2015First, although NY Constitution, article VII, § 8 indeed “serve [s] to prevent improvident fiscal decision-making and preferential treatment” with regard to the disbursement of state funds (Bordeleau v State of New York, 18 NY3d 305, 317 [2011]), “the payment of public funds as damages ... in settlement of a contested claim is not prohibited by this constitutional provision” (Ingram v Boone, 91 AD2d 1063, 1064 [1983]; cf. Matter of County of Nassau v Patalano, 128 AD3d 694, 695 [2015]). 2015First, although NY Constitution, article VII, § 8 indeed “serve [s] to prevent improvident fiscal decision-making and preferential treatment” with regard to the disbursement of state funds (Bordeleau v State of New York, 18 NY3d 305, 317 [2011]), “the payment of public funds as damages ... in settlement of a contested claim is not prohibited by this constitutional provision” (Ingram v Boone, 91 AD2d 1063, 1064 [1983]; cf. Matter of County of Nassau v Patalano, 128 AD3d 694, 695 [2015]). | 2 | 2 |
Piro v. Bowengreen2 sentences2021Nevertheless, "the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim [or grievance] is not prohibited by this constitutional provision" ( Ingram v Boone , 91 AD2d 1063, 1064 [1983]; see Matter of Antonopolou v Beame , 32 NY2d 126, 130-131 [1973]; Piro v Bowen , 76 AD2d 392, 398 [1980], lv denied 52 NY2d 702 [1980]; compare 1983 Ops St Comp No. 83-158 at 199). 1983However, the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim is not prohibited by this constitutional provision (see Matter of Antonopoulou v Beame, 32 NY2d 126, 131 ; Piro v Bowen, 76 AD2d 392, 398 ; see, also, Matter of Cedar v Commissioner of Educ. of State of N. Y., 30 AD2d 882 ). | 1 | 2 |
Antonopoulou v. Beamegreen2 sentences2021Nevertheless, "the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim [or grievance] is not prohibited by this constitutional provision" ( Ingram v Boone , 91 AD2d 1063, 1064 [1983]; see Matter of Antonopolou v Beame , 32 NY2d 126, 130-131 [1973]; Piro v Bowen , 76 AD2d 392, 398 [1980], lv denied 52 NY2d 702 [1980]; compare 1983 Ops St Comp No. 83-158 at 199). 1983However, the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim is not prohibited by this constitutional provision (see Matter of Antonopoulou v Beame, 32 NY2d 126, 131 ; Piro v Bowen, 76 AD2d 392, 398 ; see, also, Matter of Cedar v Commissioner of Educ. of State of N. Y., 30 AD2d 882 ). | 1 | 2 |
City of New York v. Uniformed Fire Officers Ass'ngreen1 sentence2021Moreover, the Court of Appeals has "acknowledged that situations may exist in which although public policy would be violated by granting the remedy requested by one or more of the parties, it may still be premature for a court to intercede because the arbitrator may be able to fashion a remedy not in violation of public policy" ( Matter of City of New York v Uniformed Fire Officers Assn., Local 854, IAFF, AFL-CIO , 95 NY2d 273, 283 [2000]). | 1 | 1 |
Northside Studios, Inc. v. Treccagnoligreen1 sentence2001“One of the best reasons for seeking to bring a motion on by order to show cause is a demonstrated need for a retention of a status quo until a contested hearing * * * [I]f such a showing is made * * * the order to show cause can contain an additional clause * * * restraining the other side from specified doings until further order of the court” (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2214:26, at 103; see Northside Studios v Treccagnoli, 262 AD2d 469 ). | 1 | 1 |
Weiner v. Diebold Group, Inc.green1 sentence1996Corp., 205 AD2d 388, 389 [1st Dept 1994]; Weiner v Diebold Group, 173 AD2d 166, 167 [1st Dept 1991].) Indeed in Cohen v Lord, Day & Lord ( 75 NY2d 95, 96, 101 [1989]), the Court of Appeals, in holding that a "law firm partnership agreement which conditions payment of earned but uncollected partnership revenues upon a withdrawing partner’s obligation to refrain from [competing] with the former law firm restricts the practice of law”, stated "[this] holding * * * is premised on a careful assessment of the true issue and effect of the contested clause — entitlement to earned uncollected fees”. | 1 | 1 |
Mirchel v. RMJ Securities Corp.green1 sentence1996Corp., 205 AD2d 388, 389 [1st Dept 1994]; Weiner v Diebold Group, 173 AD2d 166, 167 [1st Dept 1991].) Indeed in Cohen v Lord, Day & Lord ( 75 NY2d 95, 96, 101 [1989]), the Court of Appeals, in holding that a "law firm partnership agreement which conditions payment of earned but uncollected partnership revenues upon a withdrawing partner’s obligation to refrain from [competing] with the former law firm restricts the practice of law”, stated "[this] holding * * * is premised on a careful assessment of the true issue and effect of the contested clause — entitlement to earned uncollected fees”. | 1 | 1 |
Cohen v. Lordgreen1 sentence1996Corp., 205 AD2d 388, 389 [1st Dept 1994]; Weiner v Diebold Group, 173 AD2d 166, 167 [1st Dept 1991].) Indeed in Cohen v Lord, Day & Lord ( 75 NY2d 95, 96, 101 [1989]), the Court of Appeals, in holding that a "law firm partnership agreement which conditions payment of earned but uncollected partnership revenues upon a withdrawing partner’s obligation to refrain from [competing] with the former law firm restricts the practice of law”, stated "[this] holding * * * is premised on a careful assessment of the true issue and effect of the contested clause — entitlement to earned uncollected fees”. | 1 | 1 |
People v. Stithgreen1 sentence1992To hold, as the majority does, that the police may be charged with a violation of a citizen’s constitutional rights of this gravity and yet not be made to answer for it in a contested hearing defeats the deterrent purpose of the exclusionary rule (see, People v Stith, supra, at 317). | 1 | 1 |
Cedar v. Commissioner of Educationgreen1 sentence1983However, the payment of public funds as damages for breach of a contractual obligation or in settlement of a contested claim is not prohibited by this constitutional provision (see Matter of Antonopoulou v Beame, 32 NY2d 126, 131 ; Piro v Bowen, 76 AD2d 392, 398 ; see, also, Matter of Cedar v Commissioner of Educ. of State of N. Y., 30 AD2d 882 ). | 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 |
|---|---|---|
Dovale v. Ackermann
neutral
2 sentences1899Stewart v. Ahrenfeldt, 4 Denio, 189 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Dovale v. Ackermann, 2 App. Div. 404 , 37 N. Y. 1899Stewart v. Ahrenfeldt, 4 Denio, 189 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Dovale v. Ackermann, 2 App. Div. 404 , 37 N. Y. | 2 | 1899–1899 |
Wahl v. . Barnum
green
2 sentences1899Stewart v. Ahrenfeldt, 4 Denio, 189 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Dovale v. Ackermann, 2 App. Div. 404 , 37 N. Y. 1899Stewart v. Ahrenfeldt, 4 Denio, 189 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Dovale v. Ackermann, 2 App. Div. 404 , 37 N. Y. | 2 | 1899–1899 |
Stewart v. Ahrenfeldt
neutral
2 sentences1899(Stewart v. Ahrenfeldt, 4 Den. 189 ; Wahl v. Barnum, 116 N. Y. 87 ; Dovale v. Ackermann, 2 App. Div. 404 .) While it is true that the present plaintiff was not a party to the action in which the compromise was made,- yet this in nowise affects the promise to pay made to it. 1899Stewart v. Ahrenfeldt, 4 Denio, 189 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Dovale v. Ackermann, 2 App. Div. 404 , 37 N. Y. | 2 | 1899–1899 |
Estate of Frances Hatch v. NYCO Minerals, Inc.
green
1 sentence2002Affording the words employed in the variance their plain and ordinary meaning (see, Estate of Hatch v NYCO Mins., 245 AD2d 746, 747 ), * we conclude that the contested clause simply means that the Department could not prematurely terminate the variance by failing to conduct one or more of the required reviews and not, as petitioners assert, that the five-year variance continues indefinitely until such time as the Department completes the required review. | 1 | 2002–2002 |
People v. Huang Qike
green
1 sentence2001CPLR 3120 (b), insofar as it is applicable to the required notice, provides as follows: “The motion for such order shall be on notice to all adverse parties; the non-party shall be served with the notice of motion in the same manner as a summons.” The district attorney is obviously an “adverse” party, so the appropriate prosecutor should be served with the order to show cause (see People v Huang Qike, 182 Misc 2d 737 ; 5 People v Magliore, 178 Misc 2d 489 ). | 1 | 2001–2001 |
People v. Magliore
green
1 sentence2001CPLR 3120 (b), insofar as it is applicable to the required notice, provides as follows: “The motion for such order shall be on notice to all adverse parties; the non-party shall be served with the notice of motion in the same manner as a summons.” The district attorney is obviously an “adverse” party, so the appropriate prosecutor should be served with the order to show cause (see People v Huang Qike, 182 Misc 2d 737 ; 5 People v Magliore, 178 Misc 2d 489 ). | 1 | 2001–2001 |
In Re Proving the Will of Fordham
green
1 sentence1997The Surrogate correctly held that the contested will clause, which directed that the testator’s residuary estate be held in trust for the testator’s mother, for the mother’s life, and upon the mother’s death paid to two named beneficiaries or their descendants per stirpes, but contained no express direction for distribution of the residuary estate in the event the testator’s mother predeceased the testator, accelerated, rather than destroyed, the remainder interests upon the mother’s prior death (Matter of Fordham, 235 NY 384, 387-388 ; Matter of Steel, 162 AD2d 117 , lv denied 76 NY2d 715 ). | 1 | 1997–1997 |
In re the Estate of Steel
green
1 sentence1997The Surrogate correctly held that the contested will clause, which directed that the testator’s residuary estate be held in trust for the testator’s mother, for the mother’s life, and upon the mother’s death paid to two named beneficiaries or their descendants per stirpes, but contained no express direction for distribution of the residuary estate in the event the testator’s mother predeceased the testator, accelerated, rather than destroyed, the remainder interests upon the mother’s prior death (Matter of Fordham, 235 NY 384, 387-388 ; Matter of Steel, 162 AD2d 117 , lv denied 76 NY2d 715 ). | 1 | 1997–1997 |
In re the Accounting of United States Trust Co.
green
1 sentence1997The result is strongly supported by extrinsic evidence of the testator’s intent, properly considered by the Surrogate (see, Matter of Fabbri, 2 NY2d 236, 240 ), which showed close personal ties between the testator and the two named remainder beneficiaries and virtually no contact between the testator and her distributees, six first cousins. | 1 | 1997–1997 |
People v. Garrow
green
1 sentence1993Examples of factors (1), (4), (8) and (11) can be found in Matter of Armani ( 83 Misc 2d 252 ), where (1) there was a contested CPL 730 hearing, pretrial motions, hearing to suppress identification and evidence, 21 days for jury selection and 15 days for trial; (4) the attorney devoted extraordinary energy and talent to the defense of his client; (8) judicial notice was taken that a private retainer would far exceed any allowance permitted by statute; and (11) there was a contested hearing conducted relative to defendant’s fitness to proceed. | 1 | 1993–1993 |
People v. Walker
green
1 sentence1993Examples of factors (2), (3), (5) and (7) are illustrated in People v Walker (supra), where (2) the assigned attorney spent 255.5 hours in court and 137 hours out of court; (3) the proceeding was unnecessarily protracted by unreasonable pretrial and trial applications, frivolous and multiple juror challenges for cause, lengthy ineffective arguments and countless objectionable questions on cross-examination; (5) the defendant was acquitted of the crime of murder in the second degree; and (7) the defendant was charged with the crime of murder in the second degree. | 1 | 1993–1993 |
Luboil Heat & Power Corp. v. Pleydell
neutral
1 sentence1984Matter of Luboil Heat & Power Corp. v Pleydell ( 178 Misc 562, 563 ), relied on by each side, involved a Board resolution aimed at “fostering American products and aiding American labor” adopted pursuant to the Board’s power with respect to the award of competitive contracts (NY City Charter, § 343, subd b). | 1 | 1984–1984 |
Logan v. Williamson & Co.
green
1 sentence1983Corp., 23 AD2d 361 , affd 17 NY2d 890 ; Logan v Williamson & Co., 64 AD2d 466, 469-470 , supra). | 1 | 1983–1983 |
Pease & Elliman, Inc. v. 926 Park Avenue Corp.
green
1 sentence1983Corp., 23 AD2d 361 , affd 17 NY2d 890 ; Logan v Williamson & Co., 64 AD2d 466, 469-470 , supra). | 1 | 1983–1983 |
Pease & Elliman, Inc. v. 926 Park Avenue Corp.
neutral
1 sentence1983Corp., 23 AD2d 361 , affd 17 NY2d 890 ; Logan v Williamson & Co., 64 AD2d 466, 469-470 , supra). | 1 | 1983–1983 |
Cedar v. Commissioner of Education
neutral
1 sentence1968The payment of a sum of money by the Board in settlement of a contested claim in consideration of a resignation and general release to the Board under the facts and circumstances here was a payment for a legitmate school purpose (Education Law, § 1709) and could not be construed as a gift of public moneys without services rendered.” ( 53 Misc 2d 702, 704-705 , supra.) Judgment affirmed, without costs. | 1 | 1968–1968 |
In Re the Accounting of Gall
neutral
1 sentence1910(Matter of Gall, supra.) Such a result would be unwarranted and inequitable, and cannot be accomplished under the laws of this State. | 1 | 1910–1910 |
In re the Judicial Settlement of the Accounts of Havens
neutral
1 sentence1899In re Havens, 8 Misc. | 1 | 1899–1899 |
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.