14 New York opinions name it 4 courts 1994–2025 5 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 |
|---|---|---|
Glynwill Investments, N.V. v. Shearson Lehman Hutton, Inc.green2 sentences2024Not only is this substantive determination law of the case that cannot be relitigated ( see Glynwill Invs., N.V. v [*9]Shearson Lehman Hutton, Inc. , 216 AD2d 78, 79 [1st Dept 1995]), but Turner's motion suffers the same defects as Commodore's order to show cause. 2024Not only is this substantive determination law of the case that cannot be relitigated ( see Glynwill Invs., N.V. v [*9]Shearson Lehman Hutton, Inc. , 216 AD2d 78, 79 [1st Dept 1995]), but Turner's motion suffers the same defects as Commodore's order to show cause. | 2 | 2 |
Nagel v. D & R REALTY CORP.green2 sentences2024Labor Law § 241 (6) The purpose of Labor Law § 241 (6) is "to protect workers engaged in duties connected to the inherently hazardous work of construction, excavation or demolition" ( Nagel v D & R Realty Corp. , 99 NY2d 98, 101 [2002]). 2024Labor Law § 241 (6) The purpose of Labor Law § 241 (6) is "to protect workers engaged in duties connected to the inherently hazardous work of construction, excavation or demolition" ( Nagel v D & R Realty Corp. , 99 NY2d 98, 101 [2002]). | 2 | 2 |
Corinno Civetta Construction Corp. v. City of New Yorkgreen1 sentence2019Corp. v City of New York , 67 NY2d 297, 309 [1986]). | 1 | 1 |
People v. Kassebaumgreen2 sentences2013To constitute an attempt, conduct must come dangerously near commission of the completed crime (see People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]; see Penal Law § 110.00). 2013To constitute an attempt, conduct must come dangerously near commission of the completed crime (see People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]; see Penal Law § 110.00). | 1 | 1 |
Sta-Brite Services, Inc. v. Suttongreen1 sentence2009The complaint also could not be dismissed pursuant to CPLR 3211 (a) (7), as the evidentiary material submitted by Turner did not demonstrate that the material fact alleged by the plaintiff in the complaint that GLG was acting as some type of representative of Turner was not true, or that there was no significant dispute regarding it (see Sta-Brite Servs., Inc. v Sutton, 17 AD3d 570, 571 [2005]). | 1 | 1 |
Kinney v. G. W. Lisk Co.green1 sentence2007The motion court correctly held that the subcontract between Turner and Lowy required Lowy to procure insurance covering Turner for all liabilities arising out of Lowy’s work, including liabilities resulting from Turner’s own acts of negligence; that the insurance Lowy procured limited Turner’s coverage to liabilities caused by Lowy’s negligent acts or omissions; and that Lowy therefore breached the subcontract (see Kinney v Lisk Co., 76 NY2d 215, 218-219 [1990], citing, inter alia, Roblee v Corning Community Coll., 134 AD2d 803 [1987], lv denied 72 NY2d 803 [1988]). | 1 | 1 |
Leon v. Martinezgreen1 sentence2007Jordan’s allegations, which must be accepted as true for purposes of Turner’s motion to dismiss (Leon v Martinez, 84 NY2d 83, 87-88 [1994]), include the allegation that during a conference call on July 14, 2003—which followed a nine-hour meeting on July 9, 2003 between representatives of both parties at which agreement was reached on all terms and conditions of the subcontract other than price—the parties agreed on price and two of Turner’s representatives, each of whom is named in the complaint, advised Jordan that it had been awarded the subcontract. | 1 | 1 |
Joseph F. Egan, Inc. v. City of New Yorkgreen2 sentences2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest 2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest | 1 | 1 |
Bono v. Cucinellagreen2 sentences2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest 2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest | 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 |
|---|---|---|
People v. Rodriquez
green
2 sentences2001There is no basis to disturb the jury’s apportionment of liability which is supported by the record (see, Wiseberg v Douglas Elliman-Gibbons & Ives, 224 AD2d 361, 362 ). 2000There is no basis to disturb the jury’s apportionment of liability which is supported by the record (see, Wiseberg v Douglas Elliman-Gibbons & Ives, Inc., 224 AD2d 361, 362 ). | 2 | 2000–2001 |
Shapiro v. State
green
1 sentence2025Turner also admits that no testimony was submitted to the court in support of Turner's motion for summary judgment ( id. at para. 46). | 1 | 2025–2025 |
People v. Louree
green
1 sentence2022Simply stated, in accordance with our case law, a plea cannot be knowing, voluntary, and intelligent when a defendant is informed, as was the case here, that the plea agreement is limited to a finite number of requirements and conditions, but the court then imposes a more severe sentence without defendant’s full knowledge of the same and without an opportunity for defendant to withdraw the plea before sentencing (see id.; Louree, 8 NY3d at 545-546 ). | 1 | 2022–2022 |
Espinal v. Melville Snow Contractors, Inc.
green
1 sentence2021In general, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party ( see Espinal v Melville Snow Contrs. , 98 NY2d 136, 138 ). | 1 | 2021–2021 |
May v. North Carolina
green
2 sentences2013To constitute an attempt, conduct must come dangerously near commission of the completed crime (see People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]; see Penal Law § 110.00). 2013To constitute an attempt, conduct must come dangerously near commission of the completed crime (see People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]; see Penal Law § 110.00). | 1 | 2013–2013 |
Roble v. Corning Community College
green
1 sentence2007The motion court correctly held that the subcontract between Turner and Lowy required Lowy to procure insurance covering Turner for all liabilities arising out of Lowy’s work, including liabilities resulting from Turner’s own acts of negligence; that the insurance Lowy procured limited Turner’s coverage to liabilities caused by Lowy’s negligent acts or omissions; and that Lowy therefore breached the subcontract (see Kinney v Lisk Co., 76 NY2d 215, 218-219 [1990], citing, inter alia, Roblee v Corning Community Coll., 134 AD2d 803 [1987], lv denied 72 NY2d 803 [1988]). | 1 | 2007–2007 |
Hadden v. Consolidated Edison Co.
green
2 sentences2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest 2007Whether Turner, by its words, and its conduct, evinced its “intent not to claim the . . . advantage” (Hadden, 45 NY2d at 469 ) of its earlier insistence on a fully executed agreement is an issue that should not have been resolved against Jordan on Turner’s motion to dismiss (see Bono v Cucinella, 298 AD2d 483, 484 [2002] [“the question of whether waiver has occurred is generally a question left to the finder of fact” (citation omitted)]; see also Joseph F. Egan, Inc. v City of New York, 17 NY2d 90, 96 [1966] [“enough evidence was produced to make the questions of waiver and estoppel fair quest | 1 | 2007–2007 |
Tyson v. State
green
1 sentence2006(See also Tyson v State of New York, 182 Misc 2d 707 [Ct Cl 1999], affd 280 AD2d 934 [4th Dept 2001], lv denied 96 NY2d 714 [2001]; Bumbury v State of New York, Ct Cl, Mar. 30, 2006, Scuccimarra, J., Claim No. 107877, Motion No. M-70858, UID No. 2006-030-523.) 6 Turner’s claim is distinguishable from a recent Second Department case relied upon by claimant, Baba-Ali v State of New York ( 20 AD3d 376 [2005]), in which medical records from two examinations showed no signs that Mr. Baba-Ali had abused his daughter. | 1 | 2006–2006 |
Baba-Ali v. State of New York
green
1 sentence2006(See also Tyson v State of New York, 182 Misc 2d 707 [Ct Cl 1999], affd 280 AD2d 934 [4th Dept 2001], lv denied 96 NY2d 714 [2001]; Bumbury v State of New York, Ct Cl, Mar. 30, 2006, Scuccimarra, J., Claim No. 107877, Motion No. M-70858, UID No. 2006-030-523.) 6 Turner’s claim is distinguishable from a recent Second Department case relied upon by claimant, Baba-Ali v State of New York ( 20 AD3d 376 [2005]), in which medical records from two examinations showed no signs that Mr. Baba-Ali had abused his daughter. | 1 | 2006–2006 |
Malcolm Pirnie, Inc. v. Werthman
green
1 sentence2006(See also Tyson v State of New York, 182 Misc 2d 707 [Ct Cl 1999], affd 280 AD2d 934 [4th Dept 2001], lv denied 96 NY2d 714 [2001]; Bumbury v State of New York, Ct Cl, Mar. 30, 2006, Scuccimarra, J., Claim No. 107877, Motion No. M-70858, UID No. 2006-030-523.) 6 Turner’s claim is distinguishable from a recent Second Department case relied upon by claimant, Baba-Ali v State of New York ( 20 AD3d 376 [2005]), in which medical records from two examinations showed no signs that Mr. Baba-Ali had abused his daughter. | 1 | 2006–2006 |
Noseworthy v. City of New York
green
1 sentence1994It is well settled that the weight to be accorded the conflicting testimony of experts is a matter peculiarly within the province of the jury (supra, at 89), and that the plaintiff in a wrongful death action is not held to as high a degree of proof as in a personal injury action (Noseworthy v City of New York, 298 NY 76 ). | 1 | 1994–1994 |
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.
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.