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12 New York opinions name it 7 courts 1875–2008 0 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. Wattsgreen1 sentence2008In determining whether the jury should be given a particular charge, the trial court must look to all of the evidence introduced at trial and view it in a light most favorable to the defendant (see id.; People v Watts, 57 NY2d 299, 301 [1982]). | 1 | 1 |
People v. Buttsgreen1 sentence2008A defendant is entitled to the benefit of any defense that is supported by a reasonable view of the credible evidence introduced at trial, and failure to charge a jury as to the existence of such a defense, upon request, may well constitute reversible error (see People v Butts, 72 NY2d 746, 750 [1988] ). | 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 |
|---|---|---|
Vandyck v. Van Beuren
neutral
2 sentences1889It may be disputed or denied, but this is of no moment, provided the claimants vindicate their rights when an effort is made to dislodge them. * * * “ This long user and occupancy, though probably not a technical bar under the statute of limitations, on account of the nature of the property, "x" * * is sufficient to give the plaintiff the benefit of any presumption which may be legitimately indulged to supply defects, if not a title by prescription.”- (2 Greenl. on Ev. 178; Vandyck v. Van Beuren, *16 1 Caines, 83 ; Jackson v. M’Call, 10 Johns. 377 ; Ricard v. Williams, 7 Wheat. 59 ; Livingston 1875This long user and occupancy, though probably not a technical bar under the statute of limitations, on account of the nature of the property and the necessarily imperfect character of the possession, are sufficient to give the plaintiffs the benefit of any presumption which may be legitimately indulged to supply defects, if not a title by prescription. (2 Greenl. on Ev., 178; Best on Presumption, 107, 145; Van Dyck v. Van Beuren, 1 Caines, 83 , and note; Angell on Tide Waters, 91, 92.) The objection that the general language of the patents should not be construed to include an exclusive right | 3 | 1875–1889 |
McDonald v. . Long Island R.R. Co.
neutral
2 sentences1894Wiwirowski v. Railroad Co., 124 N. Y. 420 , 26 N. E. 1023 ; McDonald v. Railroad Co., 116 N. Y. 546 -550, 22 N. E. 1068 . 1894Wiwirowski v. Railroad Co., 124 N. Y. 420 , 26 N. E. 1023 ; McDonald v. Railroad Co., 116 N. Y. 546 -550, 22 N. E. 1068 . | 2 | 1893–1894 |
Wiwirowski v. Lake Shore & Michigan Southern Railway Co.
neutral
2 sentences1894Wiwirowski v. Railroad Co., 124 N. Y. 420 , 26 N. E. 1023 ; McDonald v. Railroad Co., 116 N. Y. 546 -550, 22 N. E. 1068 . 1894Wiwirowski v. Railroad Co., 124 N. Y. 420 , 26 N. E. 1023 ; McDonald v. Railroad Co., 116 N. Y. 546 -550, 22 N. E. 1068 . | 2 | 1893–1894 |
Haddock v. City of New York
green
1 sentence1992We agree with counsel that the Court of Appeals decision in Haddock v City of New York ( 75 NY2d 478 ) stands for the proposition that when reasoned judgment is called for but no consideration of any sort is given to a problem, liability may ensue. | 1 | 1992–1992 |
In re the Judicial Settlement of the Account of Nestell
green
1 sentence1916When allusion was made in my previous decision to old section 2545 of the Code of Civil Procedure, as affording a remedy to' the appellant and to put him in a position to raise the question of jurisdiction of the surrogate to make the allowance in question and his getting the benefit of any exception he might wish to take, section 994 of the Code of Civil Procedure, and my own decision in Matter of Nestell ( 72 Misc. | 1 | 1916–1916 |
Cullinan v. Criterion Club
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
People v. Crotty
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
In re Lyman
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
People v. Clark
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
In re Schuyler
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
Cullinan v. Trolley Club
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
People v. Haren
neutral
1 sentence1904(People v. Crotty, 22 App. Div. 77 , 12 Crim. 473; People v. Clark, 61 App. Div. 500 ; People v. Haren, 35 Misc. 590 ; Matter of Lyman v. Young Men’s Cosmopolitan Club, 28 App. Div. 127 ; Matter of Schuyler v. Rorphuro, 63 App. Div. 206 ; Cullinan v. Trolley Club, 65 App. Div. 202 ; Cullinan v. Criterion Club, 39 Misc. 270 , affirmed 86 App. Div. 626 ; People v. Brede, unreported decision of Sutherland, Monroe County Judge; Matter of Lyman v. True Friends Social and Literary Circle, N. Y. | 1 | 1904–1904 |
McCabe v. Cauldwell
neutral
1 sentence1903(Sanford v. Bennett, supra; Salisbury v. Union & Advertiser Co., supra; Falkards Sland. & Lib. [5th ed.] 222; McCabe v. Cauldwell, 18 Abb. | 1 | 1903–1903 |
Arnold v. . Angell
green
1 sentence1892It would be manifestly unjust to permit plaintiff to secure the benefit of a new cause of action not embraced in the pleadings, and refuse to defendant the corresponding benefit of a defense not thus disclosed. ” Arnold v. Angell, 62 N. Y. 508 . | 1 | 1892–1892 |
Maghee v. Camden & Amboy Railroad Transportation Co.
green
1 sentence1892Maghee v. Railroad Co., 45 N. Y. 514 . | 1 | 1892–1892 |
Ricard v. Williams
green
1 sentence1889It may be disputed or denied, but this is of no moment, provided the claimants vindicate their rights when an effort is made to dislodge them. * * * “ This long user and occupancy, though probably not a technical bar under the statute of limitations, on account of the nature of the property, "x" * * is sufficient to give the plaintiff the benefit of any presumption which may be legitimately indulged to supply defects, if not a title by prescription.”- (2 Greenl. on Ev. 178; Vandyck v. Van Beuren, *16 1 Caines, 83 ; Jackson v. M’Call, 10 Johns. 377 ; Ricard v. Williams, 7 Wheat. 59 ; Livingston | 1 | 1889–1889 |
Jackson ex dem. M'Donald v. M'Call
green
1 sentence1889It may be disputed or denied, but this is of no moment, provided the claimants vindicate their rights when an effort is made to dislodge them. * * * “ This long user and occupancy, though probably not a technical bar under the statute of limitations, on account of the nature of the property, "x" * * is sufficient to give the plaintiff the benefit of any presumption which may be legitimately indulged to supply defects, if not a title by prescription.”- (2 Greenl. on Ev. 178; Vandyck v. Van Beuren, *16 1 Caines, 83 ; Jackson v. M’Call, 10 Johns. 377 ; Ricard v. Williams, 7 Wheat. 59 ; Livingston | 1 | 1889–1889 |
Livingston v. Broeck
neutral
1 sentence1889Ten Broeck, 16 Johns. 14 ; Atty. | 1 | 1889–1889 |
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.