12 New York opinions name it 3 courts 1991–2023 2 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 |
|---|---|---|
Hallock v. Stategreen2 sentences2023Footnote 4: I note that, if Santamarina did have authority to represent Koukis in this action, Koukis would be bound by Santamarina's stipulation to waive jurisdictional defenses under the doctrine of apparent authority, even if that stipulation exceeded the attorney's actual authority ( see Hallock v State of New York , 64 NY2d 224, 231-232 [1984]). 2023Footnote 4: I note that, if Santamarina did have authority to represent Koukis in this action, Koukis would be bound by Santamarina's stipulation to waive jurisdictional defenses under the doctrine of apparent authority, even if that stipulation exceeded the attorney's actual authority ( see Hallock v State of New York , 64 NY2d 224, 231-232 [1984]). | 4 | 6 |
Ford v. Unity Hospitalgreen2 sentences2017The apparent authority for which the principal may be held liable must be traceable to him; it cannot be established by the unauthorized acts, representations or conduct of the agent'" ( Ford , 32 NY2d at 472—473). [FN11] Here, plaintiff claims it is protected by the doctrine of apparent authority. 2017The apparent authority for which the principal may be held liable must be traceable to him; it cannot be established by the unauthorized acts, representations or conduct of the agent’ ” (Ford, 32 NY2d at 472-473 [citations omitted]). 9 Here, plaintiff claims it is protected by the doctrine of apparent authority. | 1 | 2 |
1230 Park Associates, LLC v. Northern Source, LLCgreen2 sentences2017However, it had a duty of reasonable inquiry into the scope of Luigi Rosabianca's authority ( id. ; see also Collision Plan Unlimited , 63 NY2d at 830 ; 1230 Park Assoc., LLC v Northern Source, LLC , 48 AD3d 355, 356 [1st Dept 2008]). 2017However, it had a duty of reasonable inquiry into the scope of Luigi Rosabianca’s authority (id.; see also Collision Plan Unlimited, 63 NY2d at 830 ; 1230 Park Assoc., LLC v Northern Source, LLC, 48 AD3d 355, 356 [1st Dept 2008]). | 1 | 1 |
Joseph v. Ruffogreen2 sentences2017However, it had a duty of reasonable inquiry into the scope of Luigi Rosabianca's authority ( id. ; see also Collision Plan Unlimited , 63 NY2d at 830 ; 1230 Park Assoc., LLC v Northern Source, LLC , 48 AD3d 355, 356 [1st Dept 2008]). 2017However, it had a duty of reasonable inquiry into the scope of Luigi Rosabianca’s authority (id.; see also Collision Plan Unlimited, 63 NY2d at 830 ; 1230 Park Assoc., LLC v Northern Source, LLC, 48 AD3d 355, 356 [1st Dept 2008]). | 1 | 1 |
Illinois v. Rodriguezgreen2 sentences2015Our conclusion was based almost entirely upon the then "consistent reading of [Illinois v Rodriguez ( 497 US 177, 179 [1990])] by the [f]ederal courts" applying the apparent authority doctrine (Gonzalez, 88 NY2d at 295 ); we did not hold that our State Constitution provides greater protection than the Federal Constitution in the apparent authority context, or indicate in any way that article I, § 12 of the State Constitution does not tolerate reasonable mistakes of law. 2015Our conclusion was based almost entirely upon the then “consistent reading of [Illinois v Rodriguez ( 497 US 177, 179 [1990])] by the [f]ederal courts” applying the apparent authority doctrine (Gonzalez, 88 NY2d at 295 ); we did not hold that our State Constitution provides greater protection than the Federal Constitution in the apparent authority context, or indicate in any way that article I, § 12 of the State Constitution does not tolerate reasonable mistakes of law. | 1 | 1 |
People v. Gonzalezgreen2 sentences2015The holding in that case — that a “mistaken belief as to the law, no matter how reasonable, is not sufficient” to establish a constitutionally valid search and seizure (People v Gonzalez, 88 NY2d 289, 295 [1996] [internal quotation marks and citations omitted]) — was limited to the context of the apparent authority doctrine. 2015Our conclusion was based almost entirely upon the then “consistent reading of [Illinois v Rodriguez ( 497 US 177, 179 [1990])] by the [f]ederal courts” applying the apparent authority doctrine (Gonzalez, 88 NY2d at 295 ); we did not hold that our State Constitution provides greater protection than the Federal Constitution in the apparent authority context, or indicate in any way that article I, § 12 of the State Constitution does not tolerate reasonable mistakes of law. | 1 | 1 |
First Trust & Deposit Co. v. Middlesex Mutual Fire Insurancegreen1 sentence1997In First Trust (supra), however, where the insurance company had certified to the State Insurance Department "the good reputation and integrity of the copartnership” as the insurance company’s agent, the Appellate Division held this very type of representation insufficient to support application of the doctrine of apparent authority ( 259 App Div, at 82, 87-88 ). | 1 | 1 |
Federal Insurance v. Diamond Kamvakis & Co.green1 sentence1991Co. v Diamond Kamvakis & Co. ( 144 AD2d 42, 44-46 [1st Dept 1989], lv denied 74 NY2d 604 [1989]). | 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 |
|---|---|---|
United States v. Sharon Legail Welch
green
1 sentence2007A mistaken belief as to the law, no matter how reasonable, is not sufficient (United States v Welch, 4 F3d 761 [9th Cir 1993]). | 1 | 2007–2007 |
Vanderberg v. Biddlecome
green
1 sentence1998(People v Adams, 53 NY2d 1 , rearg denied 54 NY2d 832 , cert denied 454 US 854 .) The burden of establishing apparent authority in search cases is by a preponderance of the evidence. | 1 | 1998–1998 |
People v. Adams
green
1 sentence1998(People v Adams, 53 NY2d 1 , rearg denied 54 NY2d 832 , cert denied 454 US 854 .) The burden of establishing apparent authority in search cases is by a preponderance of the evidence. | 1 | 1998–1998 |
Standard Funding Corp. v. Lewitt
green
1 sentence1997“Essential to the creation of apparent authority are words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction” (Standard Funding Corp. v Lewitt, 89 NY2d 546, 551 , quoting Hallock v State of New York, 64 NY2d 224, 231 ). | 1 | 1997–1997 |
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.