stare decisis doctrine (New York) · Go Syfert
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stare decisis doctrine in New York

98 New York opinions name it 12 courts 1887–2026 11 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 (38)

CaseFollowedCited
People v. Binggreen
ny · 1990 · cited in 15 New York opinions naming this issue, 1993–2026
2 sentences

2026This doctrine of stare decisis "rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes" ( id. at 338).

2026This doctrine of stare decisis "rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes" ( id. at 338 ).

815
People v. Damianogreen
ny · 1996 · cited in 7 New York opinions naming this issue, 1998–2015
2 sentences

2015Stare Decisis and Developments Post-Amato Even if we were to disagree with our holding in Amato, we would nonetheless be bound to follow it under the doctrine of stare decisis. “ ‘Stare decisis is the doctrine which holds that common-law decisions should stand as precedents for guidance in cases arising in the future’ and that a rule of law ‘once decided by a court, will generally be followed in subsequent cases presenting the same legal problem’ ” (People v Peque, 22 NY3d 168, 194 [2013], quoting People v Damiano, 87 NY2d 477, 488 [1996, Simons, J., concurring]).

1998Then again, even within the doctrine of stare decisis, some modification of the precedential constraint may become imperative because the flagrant delays may persist, worsen and ultimately become jurisprudentially intolerable (see, People v Bing, 76 NY2d 331, 342-348 ; see also, People v Damiano, 87 NY2d 477, 504-506 [Bellacosa, J., dissenting]).

77
People v. Pequegreen
ny · 2013 · cited in 6 New York opinions naming this issue, 2014–2026
2 sentences

2024In charting a different course, the majority disregards the doctrine of stare decisis, “which holds that common-law decisions should stand as precedents for guidance in cases arising in the future and that a rule of law once decided by a court, will generally be followed in subsequent cases presenting the same legal problem” (People v Peque, 22 NY3d 168, 194 [2013] [internal quotation marks omitted]).

2015Stare Decisis and Developments Post-Amato Even if we were to disagree with our holding in Amato, we would nonetheless be bound to follow it under the doctrine of stare decisis. “ ‘Stare decisis is the doctrine which holds that common-law decisions should stand as precedents for guidance in cases arising in the future’ and that a rule of law ‘once decided by a court, will generally be followed in subsequent cases presenting the same legal problem’ ” (People v Peque, 22 NY3d 168, 194 [2013], quoting People v Damiano, 87 NY2d 477, 488 [1996, Simons, J., concurring]).

56
Dufel v. Greengreen
nyappdiv · 1993 · cited in 8 New York opinions naming this issue, 1997–2012
2 sentences

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

48
People v. Taylorgreen
ny · 2007 · cited in 5 New York opinions naming this issue, 2009–2024
2 sentences

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

45
Baden v. Staplesgreen
ny · 1978 · cited in 5 New York opinions naming this issue, 1979–2012
2 sentences

2012Stare decisis “ ‘is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process’ ” (id.; see People v Damiano, 87 NY2d 477, 488-489 [1996] [Simons, J., concurring]; Baden v Staples, 45 NY2d 889, 892 [1978]).

1979Therefore, PERB’s decision to overrule its prior holding in Sachem some six months after it was decided did not violate the doctrine of stare decisis (see Baden v Staples, 45 NY2d 889, 892 ; People v Hobson, 39 NY2d 479, 488 ).

35
People v. Hobsongreen
ny · 1976 · cited in 10 New York opinions naming this issue, 1977–2014
2 sentences

2014Although we question the continued utility or wisdom of the Martin rule, mindful of “the eminently desirable and essential doctrine of stare decisis” (People v Hobson ( 39 NY2d 479, 487 [1976, Breitel, Ch.

2008At the root of the techniques must be a humbling assumption, often true, that no particular court as it is then constituted possesses a wisdom surpassing that of its predecessors.” (Pe ople v Hobson, 39 NY2d 479, 488 [1976].) “The doctrine of stare decisis does not, of course, demand unyielding resignation to even recent precedent . . .

210
Mountain View Coach Lines, Inc. v. Stormsgreen
nyappdiv · 1984 · cited in 5 New York opinions naming this issue, 1988–2015
2 sentences

2008Furthermore, the court finds that the holding of the Fourth Department in Sierk is binding here under the doctrine of stare decisis, unless and until either the Court of Appeals or the Third Department (the governing appellate department here) order to the contrary (Mountain View Coach Lines v Storms, 102 AD2d 663, 664 [1984]).

2004It cannot be credibly disputed that under the doctrine of stare decisis, this Court, which sits in the Second Judicial Department, must follow all precedent of the Appellate Division, Second Department, unless contrary authority from the Court of Appeals exists ( Mountain View Coach Lines, Inc. v. Storms , supra , 102 A.D.2d, at 664 ; People v. Towndrow , supra , 187 A.D.2d, at 195 ).

25
Higby v. Mahoneygreen
ny · 1979 · cited in 4 New York opinions naming this issue, 1979–2006
2 sentences

2006Under the doctrine of stare decisis, we do not lightly depart from our precedents, particularly those involving *420 contractual rights or statutory interpretation — both are at stake in this case (see Maxton Bldrs. v Lo Galbo, 68 NY2d 373, 381 [1986]; Matter of Higby v Mahoney, 48 NY2d 15, 19 [1979]).

1980Moreover, the Court of Appeals itself, in the recent case of Matter of Higby v Mahoney ( 48 NY2d 15, p 18, n 1 ) urges just such a view, stating, in a Per Curiam opinion; "The doctrine of stare decisis does not, of course, demand unyielding resignation to even recent precedent * * * in any discussion of stare decisis it must be taken, arguendo, that strong arguments can be mounted to support a different result.” The main thrust of defendant’s cross motion is that these individual two plaintiffs have no standing to sue since they were members of a union, and the union should be the party litiga

24
Beekman v. City of New Yorkgreen
nyappdiv · 1979 · cited in 2 New York opinions naming this issue, 2025–2025
2 sentences

2025See Beekman , 65 AD2d at 318 ("Furthermore, any other retirees in a similar position to that of the present plaintiffs wishing to institute suit would first have to await the outcome of the present action in order to benefit from the doctrine of stare decisis .").

2025See Beekman , 65 AD2d at 318 ("Furthermore, any other retirees in a similar position to that of the present plaintiffs wishing to institute suit would first have to await the outcome of the present action in order to benefit from the doctrine of stare decisis .").

22
S.B. v. A.C.C.green
· 2016 · cited in 2 New York opinions naming this issue, 2020–2025
2 sentences

2025The stare decisis doctrine instructs that courts should "overrule a prior decision" only "in the rarest of cases," when "an extraordinary combination of factors undermines" its "reasoning and practical viability" ( Matter of Brooke S.B. v Elizabeth A.C.C. , 28 NY3d 1, 23 [2016]).

2025The stare decisis doctrine instructs that courts should "overrule a prior decision" only "in the rarest of cases," when "an extraordinary combination of factors undermines" its "reasoning and practical viability" ( Matter of Brooke S.B. v Elizabeth A.C.C. , 28 NY3d 1, 23 [2016]).

22
Chateau D' If Corp. v. City of New Yorkgreen
nyappdiv · 1996 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

2014Although Rosenbaum only argued that the defamation claim should be dismissed on the ground of the judicial proceedings privilege, our prior decision is controlling here, pursuant to the doctrine of stare decisis, and, under the circumstances, the issue can be raised for the first time on appeal (see Chateau D’ If Corp. v City of New York, 219 AD2d 205, 209 [1st Dept 1996], lv denied 88 NY2d 811 [1996]).

2014Although Rosenbaum only argued that the defamation claim should be dismissed on the ground of the judicial proceedings privilege, our prior decision is controlling here, pursuant to the doctrine of stare decisis, and, under the circumstances, the issue can be raised for the first time on appeal (see Chateau D’ If Corp. v City of New York, 219 AD2d 205, 209 [1st Dept 1996], lv denied 88 NY2d 811 [1996]).

22
EASTERN CONSOLIDATED PROPERTIES, INC. v. Adelaide Realty Corp.green
ny · 2000 · cited in 3 New York opinions naming this issue, 2008–2017
2 sentences

2017Props., 95 NY2d 785 , revd 18 NY3d 481 [2012]; Cenven, Inc. 41 NY2d at 843 ).

2017Props., 95 NY2d 785 , revd 18 NY3d 481 [2012]; Cenven, Inc., 41 NY2d at 843 ).

13
People v. Lopezgreen
ny · 2011 · cited in 2 New York opinions naming this issue, 2014–2015
2 sentences

2015Even under the most flexible version of the doctrine applicable to constitutional jurisprudence, prior decisions should not be overruled unless a “compelling justification” exists for such a drastic step (People v Lopez, 16 NY3d 375 , 384 n 5 [2011]; see People v Silva, 24 NY3d 294, 300 [2014]).

2014We recently discussed the principles underlying the doctrine of stare decisis (see People v Peque, 22 NY3d 168, 194 [2013], cert denied sub nom Thomas v New York, __ US __, 135 S Ct 90 [2014]) and it is sufficient for us to reiterate that a "compelling justification" is required to cast aside precedent (id.; see People v Lopez, 16 NY3d 375 , 384 n 5 [2011]).

12
Fitzgerald v. Washingtongreen
nycivct · 1975 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd ,1 NY2d 775 1955].) Neither are the numerous cases — cited by the Ramlogan and Macias courts

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd , 1 NY2d 775 1955 ].) Neither are the numerous cases — cited by the Ramlogan and Macias court

11
Erikson v. Helfandgreen
nyappdiv · 1955 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd ,1 NY2d 775 1955].) Neither are the numerous cases — cited by the Ramlogan and Macias courts

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd , 1 NY2d 775 1955 ].) Neither are the numerous cases — cited by the Ramlogan and Macias court

11
Erikson v. Helfandgreen
ny · 1956 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd ,1 NY2d 775 1955].) Neither are the numerous cases — cited by the Ramlogan and Macias courts

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd , 1 NY2d 775 1955 ].) Neither are the numerous cases — cited by the Ramlogan and Macias court

11
Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commercegreen
ny · 2013 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd ,1 NY2d 775 1955].) Neither are the numerous cases — cited by the Ramlogan and Macias courts

2026Commonwealth of N. Mariana Islands v Canadian Imperial Bank of Com ., 21 NY3d 55, 62 [2013]; see also Fitzgerald v Washington , 80 Misc 2d 861, 870 (Civ Ct, New York County 1975) [noting the rules of statutory construction militate that when amending the statute to include attorneys as individuals who could verify a petition "the legislature is presumed to have been aware of the interaction of RPAPL § 721 with the various provisions of the CPLR[,]" citing Erikson v Helfand , 1 AD2d 59 [3d Dept], aff'd , 1 NY2d 775 1955 ].) Neither are the numerous cases — cited by the Ramlogan and Macias court

11
Vaughan v. Leongreen
nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2025–2025
11
Waldron v. City of New Yorkgreen
nyappdiv · 2022 · cited in 1 New York opinions naming this issue, 2025–2025
11
Beharry v. Public Storage, Inc.green
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2025–2025
11
Esquivel v. 2707 Creston Realty, LLCgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2025–2025
11
Vasquez v. Hillerygreen
scotus · 1986 · cited in 1 New York opinions naming this issue, 2025–2025
11
Credit Bureau of New York, Inc. v. Rapid Realty 95, Inc.green
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2024–2024
11
People v. Browngreen
ny · 2016 · cited in 1 New York opinions naming this issue, 2024–2024
11
Robinson Motor Xpress, Inc. v. HSBC Bank, USAgreen
nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2016–2016
11
People v. Turnergreen
ny · 2005 · cited in 1 New York opinions naming this issue, 2015–2015
11
The People v. Pamela Hanson, The People v. Julian Silvagreen
ny · 2014 · cited in 1 New York opinions naming this issue, 2015–2015
11
Payne v. Tennesseegreen
scotus · 1991 · cited in 1 New York opinions naming this issue, 2014–2014
11
Holy Properties Ltd. v. Kenneth Cole Productions, Inc.green
ny · 1995 · cited in 1 New York opinions naming this issue, 2010–2010
11
Brennin v. Peralesgreen
nyappdiv · 1990 · cited in 1 New York opinions naming this issue, 2009–2009
11
81 Franklin Co. v. Ginaccinigreen
nycivct · 1990 · cited in 1 New York opinions naming this issue, 2008–2008
11
Liberty Healthcare Management Group, Inc. v. Faheygreen
nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2007–2007
11
Maxton Builders, Inc. v. Lo Galbogreen
ny · 1986 · cited in 1 New York opinions naming this issue, 2006–2006
11
C.M. v. C.H.green
nysupct · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
11
Marks v. Macchiarolagreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 1997–1997
11
Friedsam v. State Tax Commissiongreen
nyappdiv · 1983 · cited in 1 New York opinions naming this issue, 1996–1996
11
Simpson v. Loehmanngreen
ny · 1967 · cited in 1 New York opinions naming this issue, 1987–1987
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 (42)

CaseCitedYears
Dufel v. Green green
ny · 1995
2 sentences

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

2012The doctrine of stare decisis “recognizes that legal questions, once resolved, should not be reexamined every time they are presented” (Dufel v Green, 198 AD2d 640, 640 [1993], affd 84 NY2d 795 [1995]). “ ‘The doctrine . . . rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes’ ” (People v Taylor, 9 NY3d 129, 148 [2007], quoting People v Bing, 76 NY2d 331, 338 [1990], rearg denied 76 NY2d 890 [1990]).

81997–2012
Jones v. Berman green
ny · 1975
2 sentences

1997In addition, since 86 ADM-7 and 89 ADM-6 already impose time limits on defendant’s eligibility determinations and, in cases of immediate need, on the payment of emergency moving benefits, plaintiffs are adequately protected by the doctrine of stare decisis (see, Matter of Jones v Berman, 37 NY2d 42, 57 ).

1996(See, Matter of Jones v Berman, 37 NY2d 42, 57 .) However, in this case the members of the proposed class are, as is the named plaintiff, indigent elderly individuals for whom the commencement of individual actions to obtain the small monthly benefits that might result from this action would be 'oppressively burdensome’ (compare, Matter of Lamboy v Gross, 126 AD2d 265, 274 ).

31991–1997
Lamboy v. Gross green
nyappdiv · 1987
2 sentences

1996(See, Matter of Jones v Berman, 37 NY2d 42, 57 .) However, in this case the members of the proposed class are, as is the named plaintiff, indigent elderly individuals for whom the commencement of individual actions to obtain the small monthly benefits that might result from this action would be 'oppressively burdensome’ (compare, Matter of Lamboy v Gross, 126 AD2d 265, 274 ).

1995(Lamboy v Gross, 129 Misc 2d 564 [Sup Ct, NY County 1985], affd 126 AD2d 265 [1st Dept 1987].) A judgment favoring the plaintiffs does bind the governmental body with respect to all persons similarly situated.

31991–1996
In re the Estate of Eckart green
ny · 1976
2 sentences

1977Indeed, our court has recently spoken on several occasions for the need to respect the doctrine of stare decisis (cf. Donawitz v Danek , 42 N.Y.2d 138, 142 ; People v Hobson , 39 N.Y.2d 479, 487-491 ; Matter of Eckart , 39 N.Y.2d 493, 498-500 ).

1977On these views, there is insufficient basis for departing from application of the doctrine of stare decisis, a departure to be resorted to only with the greatest restraint (People v Hobson, 39 NY2d 479, 487-491 ; Matter of Eckart, 39 NY2d 493, 498-500 ; cf. Cenven, Inc. v Bethlehem Steel, 41 NY2d 842 ).

31976–1977
People v. Towndrow green
nyappdiv · 1993
2 sentences

2004It cannot be credibly disputed that under the doctrine of stare decisis, this Court, which sits in the Second Judicial Department, must follow all precedent of the Appellate Division, Second Department, unless contrary authority from the Court of Appeals exists ( Mountain View Coach Lines, Inc. v. Storms , supra , 102 A.D.2d, at 664 ; People v. Towndrow , supra , 187 A.D.2d, at 195 ).

1997As plaintiff correctly points out, Supreme Court, under the doctrine of stare decisis, was required to follow our decision dismissing defendant’s antisubrogation defense (see, People v Towndrow, 187 AD2d 194, 195 , appeal dismissed 81 NY2d 1021 ; Ross Bicycles v Citibank, 149 AD2d 330, 331 ).

21997–2004
Morgan v. State green
ny · 1997
2 sentences

1999Relying upon the Court of Appeals decision in Morgan v State of New York ( 90 NY2d 471 ) and the doctrine of stare decisis, the Court of Claims granted the State’s motion and dismissed the underlying claims.

1999Relying upon the Court of Appeals decision in Morgan v State of New York ( 90 NY2d 471 ) and the doctrine of stare decisis, the Court of Claims granted the State’s motion and dismissed the underlying claims.

21999–1999
Crociata v. State Tax Commission neutral
nysupct · 1986
2 sentences

1992"It is well settled that class action certification is inappropriate in a case such as this where governmental actions are involved and subsequent plaintiffs will be adequately protected under the doctrine of stare decisis” (Duffy v Wetzler, 148 Misc 2d 459, 464 , supra, citing Matter of Crociata v State Tax Commn., 133 Misc 2d 855 , affd 134 AD2d 112 , affd 73 NY2d 726 ; Conklin v Town of Southampton, 141 AD2d 596 ).

1990(Matter of Crociata v State Tax Commn., supra; Conklin v Town of Southampton, 141 AD2d 596 .) Plaintiffs have failed to demonstrate that this case presents an exception to this well-established rule.

21990–1992
Conklin v. Town of Southampton green
nyappdiv · 1988
2 sentences

1992"It is well settled that class action certification is inappropriate in a case such as this where governmental actions are involved and subsequent plaintiffs will be adequately protected under the doctrine of stare decisis” (Duffy v Wetzler, 148 Misc 2d 459, 464 , supra, citing Matter of Crociata v State Tax Commn., 133 Misc 2d 855 , affd 134 AD2d 112 , affd 73 NY2d 726 ; Conklin v Town of Southampton, 141 AD2d 596 ).

1990(Matter of Crociata v State Tax Commn., supra; Conklin v Town of Southampton, 141 AD2d 596 .) Plaintiffs have failed to demonstrate that this case presents an exception to this well-established rule.

21990–1992
Baker v. . Lorillard green
ny · 1850
2 sentences

1976In an early case our own court recognized that the doctrine had certain limitations, but it was noted that the court would not depart from its prior holdings, "unless impelled by 'the most cogent reasons’ ” (Baker v Lorillard, 4 NY 257, 261 ).

1922In People v. Brooklyn, 9 Barb. 544 , it was said: “ We look into these opinions in vain for the evidence of that solemn argument and mature deliberation which, upon the doctrine of stare decisis, should give to this case the weight of authority sufficient to foreclose the judgment of all other tribunals upon the same question.” In Baker v. Lorillard, supra (p. 261), the court said: “I go farther, and hold it to be the duty of every judge and every court to examine its own decision and the decisions of other courts without fear, and to revise them without reluctance.” In Wayne County Savings Ba

21922–1976
In re the Estate Herle green
nysurct · 1937
2 sentences

1957While the court will generally adhere to matters determined by decision, the doctrine of stare decisis will not be applied where the court is of the opinion that a different result is indicated by the facts and law, nor is the court required to follow the decision rendered in a court of co-ordinate jurisdiction (Matter of Herle, 165 Misc. 46 ; Matter of Brundage, 163 Misc. 1 ).

1940The doctrine or rule of stare decisis is merely a rule of precedent; stated in its general and simplest terms, the doctrine of stare decisis expresses the policy of the courts to stand by precedents and not disturb settled points; it is not a rule of compulsion but one of deference to precedent (Matter of Herle, 165 Misc. 46 ; United States v. Certain Bottles, 37 F. [2d] 137; Neff v. George, 364 Ill. 306 ); moreover, the stare decisis rule is not universally applicable to all situations without exception, and has more or less force, according to the nature of the question decided (Kellum v. Co

21940–1957
Dwight v. . St. John green
ny · 1862
2 sentences

1938John, 25 N. Y. 203 ; Hirshbach v. Ketchum, 79 App. Div. 561, 563 ), or under the doctrine of stare decisis.” This case was cited in Endurance Holding Corp. v. Kramer Surgical Stores, Inc. ( 227 App. Div. 582 ); that court also citing Barber v. Rowe (200 id. 290), to the effect that where no appeal was taken from an order Overruling a demurrer, that order was conclusive and the law of the case on all questions, and could not be reviewed by another justice.

1910John, 25 N. Y. 203 ; Hirshbach v. Ketchum, 79 App. Div. 561, 563 ) or under the doctrine of stare decisis.

21910–1938
Hirshbach v. Ketchum neutral
nyappdiv · 1903
2 sentences

1938John, 25 N. Y. 203 ; Hirshbach v. Ketchum, 79 App. Div. 561, 563 ), or under the doctrine of stare decisis.” This case was cited in Endurance Holding Corp. v. Kramer Surgical Stores, Inc. ( 227 App. Div. 582 ); that court also citing Barber v. Rowe (200 id. 290), to the effect that where no appeal was taken from an order Overruling a demurrer, that order was conclusive and the law of the case on all questions, and could not be reviewed by another justice.

1910John, 25 N. Y. 203 ; Hirshbach v. Ketchum, 79 App. Div. 561, 563 ) or under the doctrine of stare decisis.

21910–1938
People v. Stirrup green
ny · 1998
12024–2024
Roman Catholic Diocese of Albany v. Vullo green
nyappdiv · 2020
12022–2022
Matter of Benvenga v. La Guardia green
ny · 1945
12022–2022
Markovich v. Leavitt green
scotus · 2007
12022–2022
Catholic Charities of the Diocese v. Serio green
ny · 2006
12022–2022
Yenem Corp. v. 281 Broadway Holdings green
ny · 2012
12017–2017
U.S. Bank National Ass'n v. Eichenholtz neutral
nyjustctyork · 2012
12015–2015
People v. Rivera green
ny · 2005
12015–2015
Zebrowski v. Fed. Bureau of Prisons green
scotus · 2014
12014–2014
Lynda A. H. v. Diane T. O. green
nyappdiv · 1998
12004–2004
Multari v. Sorrell green
nyappdiv · 2001
12004–2004
Janis C. v. Christine T. green
nyappdiv · 2002
12004–2004
People v. Brisotti green
nyappterm · 1996
12003–2003
Graff v. Billet green
nyappdiv · 1984
11999–1999
Graff v. Billet green
ny · 1985
11999–1999
Ross Bicycles, Inc. v. Citibank, N. A. green
nyappdiv · 1989
11997–1997
Lanuto v. Constantine green
nyappdiv · 1995
11997–1997
INS. ASSN v. Dept. of Ins. green
ny · 1996
11997–1997
McCain v. Koch green
nyappdiv · 1986
11996–1996
Quill Corp. v. North Dakota Ex Rel. Heitkamp red
scotus · 1992
11995–1995
Lamboy v. Gross green
nysupct · 1985
11995–1995
Duffy v. Wetzler neutral
nysupct · 1990
11992–1992
Crociata v. State Tax Commission neutral
nyappdiv · 1988
11992–1992
Crociata v. State Tax Commission neutral
ny · 1988
11992–1992
People v. McMurty neutral
nysupct · 1987
11991–1991
People v. Waterman green
nycrimct · 1984
11991–1991
People v. Jackson neutral
nysupct · 1988
11991–1991
Gandolfi v. City of Yonkers green
nyappdiv · 1984
11988–1988

Statutes the citing opinions construe

NY § N.Y. General Associations Law § 13 (3) NY § N.Y. Insurance Law § 5105 (3) NY § N.Y. Penal Law § 60.07 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 237 (1860–2026) IL 175 (1914–2026) MI 171 (1913–2025) TX 105 (1927–2025) NY 98 (1887–2026) PA 91 (1912–2026) UT 66 (1895–2025) AL 66 (1866–2026) WA 65 (1895–2025) FL 64 (1938–2026) WV 63 (1895–2026) GA 63 (1890–2024) MD 57 (1966–2025) NC 55 (1893–2024) OH 54 (1918–2026) NV 51 (1876–2024) WI 47 (1929–2024) KS 44 (1948–2025) VA 42 (1949–2025) MO 40 (1880–2025) TN 37 (1935–2025) OR 35 (1888–2024) CT 35 (1980–2025) KY 34 (1913–2025) IA 33 (1868–2025) WY 32 (1976–2025) MS 32 (1952–2025) HI 32 (1913–2025) MN 30 (1896–2025) IN 30 (1921–2024) AR 27 (1893–2021) CO 25 (1912–2026) AZ 24 (1916–2023) OK 20 (1912–2023) DE 19 (1961–2025) MT 19 (1872–2025) NJ 17 (1898–2022) NH 16 (2003–2025) ID 14 (1904–2024) LA 14 (1892–2014) AK 13 (1980–2023) NM 13 (1965–2025) VT 12 (1985–2026) ME 12 (1938–2025) MA 9 (1919–2016) NE 8 (1895–2026) RI 8 (2002–2018) SD 5 (1925–2025) SC 5 (1894–2022) DC 4 (1991–2013) VI 2 (2013–2024)

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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