86 New York opinions name it 10 courts 1850–2026 8 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 |
|---|---|---|
People v. Chardongreen2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 3 |
People v. Sanchezgreen2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 3 |
People v. Torresgreen2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 3 |
People v. Danielsongreen2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 3 |
In re Matthew M.R.green2 sentences2012Defendant failed to preserve for our review his contention in his main brief that the indictment must be dismissed because the stolen doors were improperly returned to the owner in violation of Penal Law § 450.10 (see Matter of Matthew M.R., 37 AD3d 1135, 1135-1136 [2007]; People v Watkins, 239 AD2d 448 [1997], lv denied 91 NY2d 837 [1997]). 2012Defendant failed to preserve for our review his contention in his main brief that the indictment must be dismissed because the stolen doors were improperly returned to the owner in violation of Penal Law § 450.10 (see Matter of Matthew M.R., 37 AD3d 1135, 1135-1136 [2007]; People v Watkins, 239 AD2d 448 [1997], lv denied 91 NY2d 837 [1997]). | 2 | 3 |
State v. Seventh Regiment Fund, Inc.green2 sentences2011Defendant must engage in “[s]ome affirmative act — asportation . . . , denial of access to the rightful owner or assertion to the owner of a claim on the goods, sale or other commercial exploitation of the goods” (State of New York v Seventh Regiment Fund, 98 NY2d 249, 260 [2002]). 2010Hence, a conversion cause of action accrues upon the occurrence of “[s]ome affirmative act—asportation by the defendant or another person, denial of access to the rightful owner or assertion to the owner of a claim on the goods, sale or other commercial exploitation of the goods by the defendant” (State of New York v Seventh Regiment Fund, 98 NY2d 249, 260 [2002]). | 2 | 3 |
Kinney v. G. W. Lisk Co.green2 sentences2021The breach of contract claim is not duplicative of the claim for contractual indemnification ( see Kinney v Lisk Co. , 76 NY2d 215, 218 [1990]; Spector v Cushman & Wakefield, Inc. , 100 AD3d 575 [1st Dept 2012]). 2021The breach of contract claim is not duplicative of the claim for contractual indemnification ( see Kinney v Lisk Co. , 76 NY2d 215, 218 [1990]; Spector v Cushman & Wakefield, Inc. , 100 AD3d 575 [1st Dept 2012]).THIS CONSTITUTES THE DECISION [*2]AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. | 2 | 2 |
Kehoe v. 61 Broadway Owner LLCgreen2 sentences2021Defendant 635 Owner is unconditionally entitled to contractual indemnification by defendant W5 Group in connection with plaintiff's injuries, as plaintiff discontinued the Labor Law § 200 and common-law negligence claims against it and W5 Group failed to raise an issue of fact as to its negligence ( see Kehoe v 61 Broadway Owner LLC , 186 AD3d 1143, 1145 [1st Dept 2020], lv dismissed 36 NY3d 959 [2021], lv dismissed 36 NY3d 960 [2021]; Cuomo v 53rd & 2nd Assoc., LLC , 111 AD3d 548 [1st Dept 2013]). 2021Defendant 635 Owner is unconditionally entitled to contractual indemnification by defendant W5 Group in connection with plaintiff's injuries, as plaintiff discontinued the Labor Law § 200 and common-law negligence claims against it and W5 Group failed to raise an issue of fact as to its negligence ( see Kehoe v 61 Broadway Owner LLC , 186 AD3d 1143, 1145 [1st Dept 2020], lv dismissed 36 NY3d 959 [2021], lv dismissed 36 NY3d 960 [2021]; Cuomo v 53rd & 2nd Assoc., LLC , 111 AD3d 548 [1st Dept 2013]). | 2 | 2 |
Gerel Corp. v. Prime Eastside Holdings, LLCgreen2 sentences2015If he does describe himself as trustee the description is treated as [mere] surplusage” (id., Comment h; see Gerel Corp. v Prime Eastside Holdings, LLC, 12 AD3d 86 , 95 n 3 [1st Dept 2004]; Haag v Turney, 240 App Div 149, 150-151 [1st Dept 1934]). 2015If he does describe himself as trustee the description is treated as [mere] surplusage” (id., Comment h; see Gerel Corp. v Prime Eastside Holdings, LLC, 12 AD3d 86 , 95 n 3 [1st Dept 2004]; Haag v Turney, 240 App Div 149, 150-151 [1st Dept 1934]). | 2 | 2 |
Haag v. Turneygreen2 sentences2015If he does describe himself as trustee the description is treated as [mere] surplusage” (id., Comment h; see Gerel Corp. v Prime Eastside Holdings, LLC, 12 AD3d 86 , 95 n 3 [1st Dept 2004]; Haag v Turney, 240 App Div 149, 150-151 [1st Dept 1934]). 2015If he does describe himself as trustee the description is treated as [mere] surplusage” (id., Comment h; see Gerel Corp. v Prime Eastside Holdings, LLC, 12 AD3d 86 , 95 n 3 [1st Dept 2004]; Haag v Turney, 240 App Div 149, 150-151 [1st Dept 1934]). | 2 | 2 |
WWBITV, INC. v. Village of Rouses Pointgreen2 sentences2014While all or part of Ferran’s assertions might not be sufficient to withstand a motion for summary judgment supported by competent proof that the municipal respondents reasonably believed an emergency existed (see WWBITV, Inc. v Village of Rouses Point, 589 F3d 46, 52 [2d Cir 2009]; Catanzaro v Weiden, 188 F3d at 63 ; Tucker v City of Albany Dept. of Fire Emergency & Bldg. 2014While all or part of Ferran’s assertions might not be sufficient to withstand a motion for summary judgment supported by competent proof that the municipal respondents reasonably believed an emergency existed (see WWBITV, Inc. v Village of Rouses Point, 589 F3d 46, 52 [2d Cir 2009]; Catanzaro v Weiden, 188 F3d at 63 ; Tucker v City of Albany Dept. of Fire Emergency & Bldg. | 2 | 2 |
March v. City of Albanygreen2 sentences2014Further, there is evidence in the record that the $58,750 cost of demolition was charged to and became a lien on the subject property, which the owner can challenge in a CPLR article 78 proceeding (see Matter of March v City of Albany, 21 AD3d 687, 687 [2005]). 2014Further, there is evidence in the record that the $58,750 cost of demolition was charged to and became a lien on the subject property, which the owner can challenge in a CPLR article 78 proceeding (see Matter of March v City of Albany, 21 AD3d 687, 687 [2005]). | 2 | 2 |
People v. Kancharlagreen2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 2 | 2 |
Altschuler v. Jobman 478/480, LLC.green2 sentences2025By providing records that include itemized bills from contractors, and record of payment, such as cancelled checks, the Owner has produced sufficient information and detail to validate the 1/40th increase in the rent attributable to those improvements. [FN24] ( compare Lucas at 402—403, 955 N.Y.S.2d 19 [significant increase for improvements, but no records]; Altschuler v. Jobman 478/480, 135 AD3d 439, 440 , 22 N.Y.S.3d 427 [1st Dept.2016] [affidavit provided, but no documentary proof of improvements], lv. dismissed 28 NY3d 945 , 38 N.Y.S.3d 514 , 60 N.E.3d 408 [2016], lv. denied 29 NY3d 903 , 2025By providing records that include itemized bills from contractors, and record of payment, such as cancelled checks, the Owner has produced sufficient information and detail to validate the 1/40th increase in the rent attributable to those improvements. [FN24] ( compare Lucas at 402—403, 955 N.Y.S.2d 19 [significant increase for improvements, but no records]; Altschuler v. Jobman 478/480, 135 AD3d 439, 440 , 22 N.Y.S.3d 427 [1st Dept.2016] [affidavit provided, but no documentary proof of improvements], lv. dismissed 28 NY3d 945 , 38 N.Y.S.3d 514 , 60 N.E.3d 408 [2016], lv. denied 29 NY3d 903 , | 1 | 2 |
Runner v. New York Stock Exchange, Inc.green2 sentences2026In opposition, the Owner defendants failed to raise a triable issue of fact as to whether plaintiff's injury was unrelated to harm associated with a gravitational force and whether there was a failure to provide adequate protection from a risk arising from a physically significant elevation differential ( see Runner v New York Stock Exch., Inc., 13 NY3d 599, 603 [2009]). 2026In opposition, the Owner defendants failed to raise a triable issue of fact as to whether plaintiff's injury was unrelated to harm associated with a gravitational force and whether there was a failure to provide adequate protection from a risk arising from a physically significant elevation differential ( see Runner v New York Stock Exch., Inc., 13 NY3d 599, 603 [2009]). | 1 | 1 |
Cappabianca v. Skanska USA Building Inc.green2 sentences2026Inc ., 99 AD3d 139, 144 [1st Dept 2012]). 2026Inc ., 99 AD3d 139, 144 [1st Dept 2012]). | 1 | 1 |
Kattan v. 119 Christopher LLCgreen2 sentences2026These inconsistent versions of how the accident happened, at least one of which would not implicate the protections of Labor Law § 240(1), give rise to an issue of fact for a jury ( see Lewis v 96 Wythe Acquisition LLC , 204 AD3d 470, 471 [1st Dept 2022]). 2026These inconsistent versions of how the accident happened, at least one of which would not implicate the protections of Labor Law § 240(1), give rise to an issue of fact for a jury ( see Lewis v 96 Wythe Acquisition LLC , 204 AD3d 470, 471 [1st Dept 2022]). | 1 | 1 |
Blumenthal v. Kingsfordgreen2 sentences2026The indemnification provisions in the Bettina/Pelham contract and in the Bettina/Master Plumbing contract contained the same language, and both indemnity provisions were triggered by the fact that the alleged accident arose out of the performance of their work, but only to the extent those claims were caused in "whole or in part by any negligent act or omission" on the part of Master Plumbing and Pelham, or caused by or arose "out of the use of any products, material or equipment furnished by or on behalf of" Master Plumbing and Pelham ( see Torres v Morse Diesel Intl., Inc ., 14 AD3d 401, 403 2026The indemnification provisions in the Bettina/Pelham contract and in the Bettina/Master Plumbing contract contained the same language, and both indemnity provisions were triggered by the fact that the alleged accident arose out of the performance of their work, but only to the extent those claims were caused in "whole or in part by any negligent act or omission" on the part of Master Plumbing and Pelham, or caused by or arose "out of the use of any products, material or equipment furnished by or on behalf of" Master Plumbing and Pelham ( see Torres v Morse Diesel Intl., Inc ., 14 AD3d 401, 403 | 1 | 1 |
Astrakan v. City of New Yorkgreen2 sentences2026Assoc., LLC , 193 AD3d 421, 422-423 [1st Dept 2021]). [*3] The motion court should have dismissed the Owner defendants' third-party claim against C-Concrete for breach of contract for failure to procure insurance as C-Concrete established it provided the insurance coverage required by the subcontract ( see Astrakan v City of New York , 184 AD3d 444, 445 [1st Dept 2020]). 2026Assoc., LLC , 193 AD3d 421 , 422-423 [1st Dept 2021]). [*3] The motion court should have dismissed the Owner defendants' third-party claim against C-Concrete for breach of contract for failure to procure insurance as C-Concrete established it provided the insurance coverage required by the subcontract ( see Astrakan v City of New York , 184 AD3d 444, 445 [1st Dept 2020]). | 1 | 1 |
| Gibbs v. Port Authoritygreen | 1 | 1 |
| McCarthy v. Turner Construction, Inc.green | 1 | 1 |
| Meza v. 509 Owners LLCgreen | 1 | 1 |
| Brazell v. Wells Fargo Home Mortgage, Inc.green | 1 | 1 |
| Uncyk v. Cedarhurst Property Management, LLCgreen | 1 | 1 |
| Prats v. Port Authority of New York & New Jerseygreen | 1 | 1 |
| Matteawan On Main, Inc. v. City of Beacongreen | 1 | 1 |
| Patel v. MacArthurgreen | 1 | 1 |
| Marx v. Akersgreen | 1 | 1 |
| People v. Leegreen | 1 | 1 |
| People v. Boydgreen | 1 | 1 |
| Spiegel v. Ferrarogreen | 1 | 1 |
| Gold v. Di Cerbogreen | 1 | 1 |
| Zeledon v. MacGillivraygreen | 1 | 1 |
| Gilman v. New York State Division of Housing & Community Renewalgreen | 1 | 1 |
| Leotta v. Plessingergreen | 1 | 1 |
| Sporn v. MCA Records, Inc.green | 1 | 1 |
| Teachers Insurance & Annuity Ass'n of America v. Tribune Co.green | 1 | 1 |
| Ryan v. Chazy & Westport Telephone Corp.green | 1 | 1 |
| D'Amico v. Christiegreen | 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. Gholam
neutral
2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 2014–2014 |
People v. Brown
green
2 sentences2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). 2014“Based on the weight of the credible evidence,” we conclude that “the jury was justified in finding the defendant guilty beyond a reasonable doubt” (People v Danielson, 9 NY3d 342, 348 [2007]; accord People v Kancharla 23 NY3d 294, 302-303 [2014]; see People v Sanchez, 13 NY3d at 566-567 ; People v Torres, 108 AD3d 474, 475 [2013], lv denied 22 NY3d 998 [2013]; People v Gholam, 99 AD3d 441 , 442 [2012], lv denied 20 NY3d 1061 [2013]; cf. People v Chardon, 83 AD3d 954, 956-957 [2011], lv denied 18 NY3d 857 [2011]). | 3 | 2014–2014 |
People v. Woodberry
neutral
2 sentences2012Defendant failed to preserve for our review his contention in his main brief that the indictment must be dismissed because the stolen doors were improperly returned to the owner in violation of Penal Law § 450.10 (see Matter of Matthew M.R., 37 AD3d 1135, 1135-1136 [2007]; People v Watkins, 239 AD2d 448 [1997], lv denied 91 NY2d 837 [1997]). 2012Defendant failed to preserve for our review his contention in his main brief that the indictment must be dismissed because the stolen doors were improperly returned to the owner in violation of Penal Law § 450.10 (see Matter of Matthew M.R., 37 AD3d 1135, 1135-1136 [2007]; People v Watkins, 239 AD2d 448 [1997], lv denied 91 NY2d 837 [1997]). | 3 | 2012–2012 |
Plotch v. Citibank, N.A.
green
2 sentences2025By providing records that include itemized bills from contractors, and record of payment, such as cancelled checks, the Owner has produced sufficient information and detail to validate the 1/40th increase in the rent attributable to those improvements. [FN24] ( compare Lucas at 402—403, 955 N.Y.S.2d 19 [significant increase for improvements, but no records]; Altschuler v. Jobman 478/480, 135 AD3d 439, 440 , 22 N.Y.S.3d 427 [1st Dept.2016] [affidavit provided, but no documentary proof of improvements], lv. dismissed 28 NY3d 945 , 38 N.Y.S.3d 514 , 60 N.E.3d 408 [2016], lv. denied 29 NY3d 903 , 2017By providing records that include itemized bills from contractors, and record of payment, such as cancelled checks, the Owner has produced sufficient information and detail to validate the 1/40th increase in the rent attributable to those improvements ( compare Lucas at 402-403 [significant increase for improvements, but no records]; Altschuler v Jobman 478/480 , 135 AD3d 439, 440 [1st Dept 2016] [affidavit provided, but no documentary proof of improvements], lv dismissed 28 NY3d 945 [2016], lv denied __ NY3d __, 2017 NY Slip Op 68891 [2017]). | 2 | 2017–2025 |
DeLeon v. Port Authority
green
2 sentences2025"Contrary to plaintiffs' arguments, the Owner's business records provided in this case are admissible under a hearsay exception and are properly considered on the Owner's motion for summary judgment (CPLR 4518[a]; DeLeon v. Port Auth. of NY and N.J., 306 AD2d 146 , 761 N.Y.S.2d 54 [1st Dept.2003]). 2025"Contrary to plaintiffs' arguments, the Owner's business records provided in this case are admissible under a hearsay exception and are properly considered on the Owner's motion for summary judgment (CPLR 4518[a]; DeLeon v. Port Auth. of NY and N.J., 306 AD2d 146 , 761 N.Y.S.2d 54 [1st Dept.2003]). | 2 | 2017–2025 |
Winegrad v. New York University Medical Center
green
2 sentences2025Therefore, the branch of Tishman and Owner’s motion seeking summary judgment on their breach of contract claim must be denied, “regardless of the sufficiency of the opposing papers” (Winegrad, 64 NY2d at 853 ). 2025Therefore, the branch of Tishman and Owner’s motion seeking summary judgment on their breach of contract claim must be denied, “regardless of the sufficiency of the opposing papers” (Winegrad, 64 NY2d at 853 ). | 2 | 2025–2025 |
Spector v. Cushman & Wakefield, Inc.
green
2 sentences2021The breach of contract claim is not duplicative of the claim for contractual indemnification ( see Kinney v Lisk Co. , 76 NY2d 215, 218 [1990]; Spector v Cushman & Wakefield, Inc. , 100 AD3d 575 [1st Dept 2012]). 2021The breach of contract claim is not duplicative of the claim for contractual indemnification ( see Kinney v Lisk Co. , 76 NY2d 215, 218 [1990]; Spector v Cushman & Wakefield, Inc. , 100 AD3d 575 [1st Dept 2012]).THIS CONSTITUTES THE DECISION [*2]AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. | 2 | 2021–2021 |
Cuomo v. 53rd & 2nd Associates
green
2 sentences2021Defendant 635 Owner is unconditionally entitled to contractual indemnification by defendant W5 Group in connection with plaintiff's injuries, as plaintiff discontinued the Labor Law § 200 and common-law negligence claims against it and W5 Group failed to raise an issue of fact as to its negligence ( see Kehoe v 61 Broadway Owner LLC , 186 AD3d 1143, 1145 [1st Dept 2020], lv dismissed 36 NY3d 959 [2021], lv dismissed 36 NY3d 960 [2021]; Cuomo v 53rd & 2nd Assoc., LLC , 111 AD3d 548 [1st Dept 2013]). 2021Defendant 635 Owner is unconditionally entitled to contractual indemnification by defendant W5 Group in connection with plaintiff's injuries, as plaintiff discontinued the Labor Law § 200 and common-law negligence claims against it and W5 Group failed to raise an issue of fact as to its negligence ( see Kehoe v 61 Broadway Owner LLC , 186 AD3d 1143, 1145 [1st Dept 2020], lv dismissed 36 NY3d 959 [2021], lv dismissed 36 NY3d 960 [2021]; Cuomo v 53rd & 2nd Assoc., LLC , 111 AD3d 548 [1st Dept 2013]). | 2 | 2021–2021 |
Stephen M. Catanzaro v. Sara Weiden
green
2 sentences2014While all or part of Ferran’s assertions might not be sufficient to withstand a motion for summary judgment supported by competent proof that the municipal respondents reasonably believed an emergency existed (see WWBITV, Inc. v Village of Rouses Point, 589 F3d 46, 52 [2d Cir 2009]; Catanzaro v Weiden, 188 F3d at 63 ; Tucker v City of Albany Dept. of Fire Emergency & Bldg. 2014While all or part of Ferran’s assertions might not be sufficient to withstand a motion for summary judgment supported by competent proof that the municipal respondents reasonably believed an emergency existed (see WWBITV, Inc. v Village of Rouses Point, 589 F3d 46, 52 [2d Cir 2009]; Catanzaro v Weiden, 188 F3d at 63 ; Tucker v City of Albany Dept. of Fire Emergency & Bldg. | 2 | 2014–2014 |
Ringle v. . Wallis Iron Works
green
2 sentences1912(Ringle v. Wallis Iron Works, 149 N. Y. 439, 445 .) It has also been held that where a notice has been given to the contractor that the owner himself would resume charge of the work and complete the contract, the requirement in the contract that the certificate of the architect is a condition precedent to a recovery has no application. 1910(Ringle v. Wallis Iron Works, 149 N. Y. 439, 445 .) It has also been held that where a notice has been given to the contractor that the owner himself would resume charge of the work and complete the contract, the requirement in the contract that the certificate of the architect is a condition precedent to a recovery has no application. | 2 | 1910–1912 |
| Atwood v. Pridgen neutral | 1 | 2025–2025 |
| Altschuler v. Jobman 478/480, LLC green | 1 | 2025–2025 |
Altman v. 285 W. Fourth LLC
green
1 sentence2025By providing records that include itemized bills from contractors, and record of payment, such as cancelled checks, the Owner has produced sufficient information and detail to validate the 1/40th increase in the rent attributable to those improvements. [FN24] ( compare Lucas at 402—403, 955 N.Y.S.2d 19 [significant increase for improvements, but no records]; Altschuler v. Jobman 478/480, 135 AD3d 439, 440 , 22 N.Y.S.3d 427 [1st Dept.2016] [affidavit provided, but no documentary proof of improvements], lv. dismissed 28 NY3d 945 , 38 N.Y.S.3d 514 , 60 N.E.3d 408 [2016], lv. denied 29 NY3d 903 , | 1 | 2025–2025 |
| Rogers v. Dorchester Associates green | 1 | 2019–2019 |
| Sarfowaa v. Claflin Apts. L. L. C. green | 1 | 2019–2019 |
| Bittrolff v. Ho's Development Corp. green | 1 | 2019–2019 |
| Grimm v. State green | 1 | 2017–2017 |
| Altschuler v. Jobman 478/480, LLC neutral | 1 | 2017–2017 |
| Moore v. Davidson green | 1 | 2016–2016 |
| Janoff v. Disick green | 1 | 2012–2012 |
| Davidson v. Fasanella green | 1 | 2010–2010 |
| Amsterdam v. Goldstick green | 1 | 2006–2006 |
| Shapiro v. Townan Realty Co. neutral | 1 | 2006–2006 |
| In re the City of Rochester green | 1 | 2005–2005 |
| Blunt v. Zinni green | 1 | 2005–2005 |
| Rosen v. Assessor of City of Troy green | 1 | 2003–2003 |
| Corning v. Board of Assessors green | 1 | 2003–2003 |
| Viacom Corp. v. Board of Assessors green | 1 | 2003–2003 |
| Akey v. Town of Plattsburgh green | 1 | 2003–2003 |
| VIGILANT INS v. Hous. Auth. green | 1 | 2002–2002 |
| O'Connor-Miele v. Barhite & Holzinger, Inc. green | 1 | 2000–2000 |
| Velez v. Tishman Foley Partners green | 1 | 1999–1999 |
| In re Pikna green | 1 | 1997–1997 |
| Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp. green | 1 | 1997–1997 |
| Nassau Diagnostic Imaging & Radiation Oncology Associates v. Winthrop-University Hospital green | 1 | 1997–1997 |
| Goodstein Construction Corp. v. City of New York green | 1 | 1997–1997 |
| Wright v. Sunset Recreation, Inc. green | 1 | 1991–1991 |
| People v. Kelly green | 1 | 1987–1987 |
| Schneider v. Carnegie Hall Corp. neutral | 1 | 1986–1986 |
| Fanelli v. New York City Conciliation & Appeals Board green | 1 | 1986–1986 |
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.