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85 New York opinions name it 7 courts 1939–2026 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 |
|---|---|---|
Capellupo v. Nassau Health Care Corp.green2 sentences2020Under the related doctrine of collateral estoppel, relitigation of an issue which has necessarily been decided in a prior action and is determinative of the issues disputed in the present action is precluded provided that there was a full and fair opportunity to contest the decision now alleged to be controlling ( see Capellupo v Nassau Health Care Corp. , 97 AD3d 619, 621 ; Breslin Realty Dev. 2020Under the related doctrine of collateral estoppel, relitigation of an issue which has necessarily been decided in a prior action and is determinative of the issues disputed in the present action is precluded provided that there was a full and fair opportunity to contest the decision now alleged to be controlling ( see Capellupo v Nassau Health Care Corp. , 97 AD3d 619, 621 ; Breslin Realty Dev. | 2 | 5 |
Landau, P.C. v. LaRossa, Mitchell & Rossgreen2 sentences2020The court correctly stayed the arbitration commenced by defendants post-judgment on a related claim, as that claim is barred by res judicata ( see Landau, P.C. v LaRossa, Mitchell & Ross , 11 NY3d 8, 12 [2008]). 2020The court correctly stayed the arbitration commenced by defendants post-judgment on a related claim, as that claim is barred by res judicata ( see Landau, P.C. v LaRossa, Mitchell & Ross , 11 NY3d 8, 12 [2008]). | 2 | 2 |
People v. Ashwalgreen2 sentences2016In any event, the challenged remark was fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109-111 [1976]; People v Weathers, 124 AD3d 702, 703 [2015]). 2010The defendant’s related claim that the prosecutor improperly commented on his possession of these weapons during summation is unpreserved for appellate review (see People v Perry, 68 AD3d 1020 [2009], lv denied 14 NY3d 804 [2010]), and, in any event, without merit since the subject remark was fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109 [1976]; People v Williams, 64 AD3d 800 [2009]; People v Cummins, 59 AD3d 458 [2009]). | 2 | 2 |
Schneider v. Sobolgreen2 sentences2016Schneider v Sobol, 76 NY2d 309, 314 [1990]). 2016Schneider v Sobol, 76 NY2d 309, 314 [1990]). | 2 | 2 |
People v. Jaegergreen2 sentences2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . 2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . | 2 | 2 |
People v. Horneygreen2 sentences2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). 2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). | 2 | 2 |
People v. Petersgreen2 sentences2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . 2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . | 2 | 2 |
People v. Williamsgreen2 sentences2014In a related challenge, defendant asserts that the manner in which defendant was read his Miranda rights during the video-recorded interview— namely, that the investigator presented the rights in an “off-handed and dismissive manner”—supports the conclusion that he did not knowingly, voluntarily and intelligently waive those rights (see generally People v Williams, 62 NY2d 285, 288-289 [1984]). 2014In a related challenge, defendant asserts that the manner in which defendant was read his Miranda rights during the video-recorded interview— namely, that the investigator presented the rights in an “off-handed and dismissive manner”—supports the conclusion that he did not knowingly, voluntarily and intelligently waive those rights (see generally People v Williams, 62 NY2d 285, 288-289 [1984]). | 2 | 2 |
People v. Englishgreen2 sentences2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). 2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). | 2 | 2 |
People v. Comfortgreen2 sentences2012Petitioner was not deprived of due process, as she had a copy of the complaining officers’ testimony in the related hearing (see People v Comfort, 60 AD3d 1298, 1299 [2009], lv denied 12 NY3d 924 [2009]). 2012Petitioner was not deprived of due process, as she had a copy of the complaining officers’ testimony in the related hearing (see People v Comfort, 60 AD3d 1298, 1299 [2009], lv denied 12 NY3d 924 [2009]). | 2 | 2 |
People v. Zinkhengreen2 sentences2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). 2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). | 2 | 2 |
Kelly v. Safirgreen2 sentences2012The penalty imposed does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). 2012The penalty imposed does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). | 2 | 2 |
Buechel v. Baingreen2 sentences2021The related doctrine of collateral estoppel, which is narrower, precludes a party from relitigating a particular issue where the identical issue has already been decided in the prior action, is decisive in the present action, and where the party to be precluded had a full and fair opportunity to contest the issue in the prior proceeding ( see Paramount Pictures Corp. v Allianz Risk Transfer AG , 31 NY3d 64, 72 ; Buechel v Bain , 97 NY2d 295, 303-304 ; Ryan v New York Tel. 2004The related doctrine of collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue of ultimate fact raised in a prior action or proceeding and decided against that party or those in privity (see Buechel v Bain, 97 NY2d 295, 303 [2001]; D’Arata v New York Cent. | 1 | 2 |
Ryan v. New York Telephone Co.green2 sentences2021Co. , 62 NY2d 494, 500 ; Mahler v Campagna , 60 AD3d 1009, 1011 ; Sherman v DeRosa , 34 AD3d 782, 782-783 ). 1995Co., 62 NY2d 494, 500). | 1 | 2 |
People v. Suttongreen2 sentences2026Defendant's challenge to the voluntariness of his plea and the related claim that counsel was ineffective — to the extent that it impacts the voluntariness of the plea — survives regardless of the validity of the appeal waiver ( see People v Herring , 224 AD3d 1042, 1043 [3d Dept 2024], lv denied 41 NY3d 983 [2024]; People v Sutton , 221 AD3d 1185, 1186 [3d Dept 2023], lv denied 41 NY3d 967 [2024]). 2026Defendant's challenge to the voluntariness of his plea and the related claim that counsel was ineffective — to the extent that it impacts the voluntariness of the plea — survives regardless of the validity of the appeal waiver ( see People v Herring , 224 AD3d 1042 , 1043 [3d Dept 2024], lv denied 41 NY3d 983 [2024]; People v Sutton , 221 AD3d 1185, 1186 [3d Dept 2023], lv denied 41 NY3d 967 [2024]). | 1 | 1 |
People v. Taylorgreen2 sentences2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150, 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433, 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not r 2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150 , 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433 , 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not | 1 | 1 |
People v. Riosgreen2 sentences2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150, 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433, 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not r 2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150 , 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433 , 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not | 1 | 1 |
People v. Lopezgreen2 sentences2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150, 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433, 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not r 2026That said, such contentions — which are premised on defendant's history of mental health issues — are unpreserved for our review as there is no indication that defendant made an appropriate postallocution motion despite having had ample opportunity to do so ( see People v Clark , 246 AD3d 1150 , 1151-1152 [3d Dept 2026]; People v Mahood , 238 AD3d 1433 , 1434 [3d Dept 2025], lv denied 44 NY3d 983 [2025]; People v Taylor , 194 AD3d 1264, 1265 [3d Dept 2021], lv denied 37 NY3d 975 [2021]), and the narrow exception to the preservation requirement was not triggered here because the record does not | 1 | 1 |
| Saretsky v. 85 Kenmare Realty Corp.green | 1 | 1 |
| Tagle v. Jakobgreen | 1 | 1 |
| Boodie v. Town Hall Foundationgreen | 1 | 1 |
| Matter of Peay v. Peaygreen | 1 | 1 |
| DUBOIS, IRENE A. v. PIAZZA, STEVE M.green | 1 | 1 |
| Three Amigos SJL Rest., Inc. v. CBS News Inc.green | 1 | 1 |
| People v. Riveragreen | 1 | 1 |
| In Re the Guardianship of Star Leslie W.green | 1 | 1 |
| Becker-Manning, Inc. v. Common Councilgreen | 1 | 1 |
| In re Susan C.green | 1 | 1 |
| People v. Taranovichgreen | 1 | 1 |
| People v. Acevedogreen | 1 | 1 |
| People v. Heimrothgreen | 1 | 1 |
| Seegars v. Goordgreen | 1 | 1 |
| Tarbell v. Goordgreen | 1 | 1 |
| Matter of Patrick EE. v. Brenda DD.green | 1 | 1 |
| Rosado v. Home Depotgreen | 1 | 1 |
| People v. Kinggreen | 1 | 1 |
| People v. Lombardogreen | 1 | 1 |
| People v. Weathersgreen | 1 | 1 |
| Small v. Lorillard Tobacco Co.green | 1 | 1 |
| National Union Fire Insurance of Pittsburgh v. Xerox Corp.green | 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 |
|---|---|---|
Breslin Realty Development Corp. v. Shaw
green
2 sentences2020Corp. v Shaw , 72 AD3d at 263 ). 2020Corp. v Shaw , 72 AD3d at 263 ). | 5 | 2015–2020 |
People v. Kelly
green
2 sentences2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). 2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). | 4 | 2012–2014 |
People v. Benevento
green
2 sentences2020Viewed in totality, the record reflects that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708, 712 ). 2020Viewed in totality, the record reflects that defense counsel provided meaningful representation ( see People v Benevento , 91 NY2d 708, 712 ). | 2 | 2020–2020 |
People v. Peters
green
2 sentences2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). 2014The defendant’s related claim that reversal is warranted because the juror allegedly engaged in improper communications with court officers is without merit (see People v Kelly, 5 NY3d 116 [2005]; People v Peters, 98 AD3d 587 [2012]; People v Horney, 112 AD2d 841, 844 [1985]). | 2 | 2014–2014 |
People v. Wolfe
green
2 sentences2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . 2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . | 2 | 2014–2014 |
Hoerger v. Spota
green
2 sentences2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . 2014Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). . | 2 | 2014–2014 |
People v. DeLuca
green
2 sentences2013The defendant’s related claim that the alleged ineffective assistance of counsel rendered his plea unknowing, unintelligent, and involuntary is also based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Morrison, 51 AD3d 1041 [2008]; People v DeLuca, 45 AD3d 777 [2007]). 2013The defendant’s related claim that the alleged ineffective assistance of counsel rendered his plea unknowing, unintelligent, and involuntary is also based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Morrison, 51 AD3d 1041 [2008]; People v DeLuca, 45 AD3d 777 [2007]). | 2 | 2013–2013 |
People v. Morrison
neutral
2 sentences2013The defendant’s related claim that the alleged ineffective assistance of counsel rendered his plea unknowing, unintelligent, and involuntary is also based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Morrison, 51 AD3d 1041 [2008]; People v DeLuca, 45 AD3d 777 [2007]). 2013The defendant’s related claim that the alleged ineffective assistance of counsel rendered his plea unknowing, unintelligent, and involuntary is also based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Morrison, 51 AD3d 1041 [2008]; People v DeLuca, 45 AD3d 777 [2007]). | 2 | 2013–2013 |
People v. Chesher
green
2 sentences2012Petitioner was not deprived of due process, as she had a copy of the complaining officers’ testimony in the related hearing (see People v Comfort, 60 AD3d 1298, 1299 [2009], lv denied 12 NY3d 924 [2009]). 2012Petitioner was not deprived of due process, as she had a copy of the complaining officers’ testimony in the related hearing (see People v Comfort, 60 AD3d 1298, 1299 [2009], lv denied 12 NY3d 924 [2009]). | 2 | 2012–2012 |
People v. Fisher
green
2 sentences2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). 2012Accordingly, defendant established no actual prejudice related to the special prosecutor’s prior representation of his wife so as to require disqualification (see People v English, 88 NY2d 30, 33-34 [1996]; People v Zinkhen, 89 AD3d 1320, 1321 [2011], lv denied 18 NY3d 964 [2012]). | 2 | 2012–2012 |
Schloendorff v. Society of the New York Hospital
red
2 sentences1982Hosp., 211 NY 125 ). 1981Hosp., 211 NY 125 ). | 2 | 1981–1982 |
Eichner v. Dillon
green
2 sentences1982In New York such a rationale would be in direct conflict with the related rule that a competent adult has a right to determine whether or not to undergo medical treatment (Matter of Storar, 52 NY2d 363 ; Schloendorff v Society of N. Y. 1981In New York such a rationale would be in direct conflict with the related rule that a competent adult has a right to determine whether or not to undergo medical treatment (Matter of Storar, 52 NY2d 363; Schloendorff v Society of N.Y. | 2 | 1981–1982 |
| Mahler v. Campagna green | 1 | 2021–2021 |
| Sherman v. DeRosa green | 1 | 2021–2021 |
| Paramount Pictures Corp. v. Allianz Risk Transfer AG green | 1 | 2021–2021 |
| Morris v. New York State Department of Taxation & Finance green | 1 | 2017–2017 |
| Sowalsky v. E. F. MacDonald Stamp Co. neutral | 1 | 2015–2015 |
| People v. Nash green | 1 | 2015–2015 |
| Kagan v. HMC-New York, Inc. green | 1 | 2014–2014 |
| Linden v. Moskowitz green | 1 | 2014–2014 |
| Meridian Acupuncture Care v. Geico Insurance Company neutral | 1 | 2011–2011 |
| Brady v. Maryland green | 1 | 2011–2011 |
| Giglio v. United States green | 1 | 2011–2011 |
| People v. Bryce green | 1 | 2011–2011 |
| People v. Novoa green | 1 | 2011–2011 |
| People v. Cummins green | 1 | 2010–2010 |
| People v. Zurita green | 1 | 2010–2010 |
| People v. Perry neutral | 1 | 2010–2010 |
| People v. Rodriguez green | 1 | 2010–2010 |
| People v. Iannone green | 1 | 2010–2010 |
| Williams v. Mosbacher green | 1 | 2006–2006 |
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.