81 New York opinions name it 16 courts 1891–2026 21 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. Bryantgreen2 sentences2025Thus, it cannot be said that the defendant "received no material benefit from his appeal waiver," or that the appeal waiver "was a gratuitous, after-the-fact additional demand asserted after the bargain had already been struck" ( People v Sutton, 184 AD3d 236, 245 ; see People v Bryant , 28 NY3d 1094, 1095-1096 ; People v Williams , 227 AD3d 480 , 481). 2025Thus, it cannot be said that the defendant "received no material benefit from his appeal waiver," or that the appeal waiver "was a gratuitous, after-the-fact additional demand asserted after the bargain had already been struck" ( People v Sutton, 184 AD3d 236, 245 ; see People v Bryant , 28 NY3d 1094, 1095-1096 ; People v Williams , 227 AD3d 480 , 481). | 4 | 4 |
Leon v. Martinezgreen2 sentences2024DISCUSSION On motion to dismiss brought under CPLR § 3211 (a) (7), “the pleading is to be afforded a liberal construction” (Leon v Martinez, 84 NY2d 83, 87 [1994]). 2011(CPLR 3211 [c], [e]; Rovello v Orofino Realty Co., 40 NY2d 633 [1976].) When the plaintiff offers such proof in response to a motion to dismiss, the standard “is whether the proponent of the pleading has a cause of action, not whether he has stated one.” {Leon v Martinez, 84 NY2d 83, 88 [1994].) Discussion The defendants contend that federal law preempts the causes of action alleged in the present class action complaint, because defendant U.S. Bank is federally regulated under the National Bank Act and any liability by defendant Simon Property Group is contingent upon U.S. Bank’s liability. | 3 | 3 |
Radloff v. Adlergreen2 sentences2013Plaintiffs related claim — that Supreme Court erred in failing to marshal the evidence — is unpreserved for our review (see Radloff v Adler, 205 AD2d 973, 974 [1994], lv dismissed and denied 84 NY2d 988 [1994]) and, in any event, is lacking in merit given that this was a relatively simple trial of short duration. 2013Plaintiffs related claim — that Supreme Court erred in failing to marshal the evidence — is unpreserved for our review (see Radloff v Adler, 205 AD2d 973, 974 [1994], lv dismissed and denied 84 NY2d 988 [1994]) and, in any event, is lacking in merit given that this was a relatively simple trial of short duration. | 2 | 2 |
Pell v. Board of Educationgreen2 sentences2024DISCUSSION The standard for judicial review of an administrative determination pursuant to CPLR Article 78 is limited to determining whether the agency acted arbitrarily or capriciously, i.e., without any sound basis in reason or regard to the facts (See Matter of Pell v Board of Educ., 34 NY2d 222 , 231-232 [1974]). 1997The " 'judicial function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body.’ ” (Ostrer v Schenck, 41 NY2d 782 , 786 [1977]; see also, Pell v Board of Educ., 34 NY2d 222 , 231 [1974].) The Court of Appeals has ruled that section 1127 is not a tax, but an enforceable term and condition of employment with the City acting in its capacity as an employer, stating that it "is clear beyond cavil that the payments due to the City of New York are owed as a result of the contract entered into by the petitioner with the city and not as a result | 1 | 2 |
In Re the Estate of Findlaygreen2 sentences2012Discussion The presumption that a child born during marriage is the biological product of the marriage has been described as “one of the strongest and most persuasive known to the law” (Matter of Findlay, 253 NY 1, 7 [1930]). 1994DISCUSSION The presumption of legitimacy has been termed one of the strongest and most persuasive known to law (Matter of Findlay, 253 NY 1 [1930]). | 1 | 2 |
Vega v. Restani Construction Corp.green1 sentence2026"Summary judgment is a drastic remedy, to be granted only where the moving party has tendered sufficient evidence to demonstrate the absence of any material issues of fact." (Vega v Restani Const. Corp., 18 NY3d 499, 503 [2012]). | 1 | 1 |
JP Morgan Chase Bank, N.A. v. Whitegreen1 sentence2025Although appellant did not move to intervene, it had standing to oppose the foreclosure action as an "interested party" because it took title to the property pursuant to a referee's deed in connection with the Boatyard Condominium's lien foreclosure ( see MTGLQ Invs. , L.P. v Shay , 190 AD3d 527 , 528 [1st Dept 2021], lv denied 37 NY3d 908 [2021]; JP Morgan Chase Bank, N.A. v White , 182 AD3d 469, 470 [1st Dept 2020]). | 1 | 1 |
MATTER OF BARNES v. LeFevregreen1 sentence2023Although there was a discussion at the hearing that the alleged victim would have to agree to testify, there is no indication that the alleged victim refused to testify or that the Hearing Officer made any effort to procure him as a witness. "[W]here the record does not reflect any reason for the witness' refusal to testify, or that any inquiry was made of him [or her] as to why he [or she] refused or that the [H]earing [O]fficer communicated with the witness to verify his [or her] refusal to testify, there has been a denial of the [incarcerated individual's] right to call witnesses as provide | 1 | 1 |
The Matter of George Texeira v. Brian Fischergreen1 sentence2023As we view the unexplained outright denial of a witness commensurate to the denial of petitioner's constitutional right to call witnesses, expungement rather than remittal for a new hearing is the appropriate remedy ( see Matter of Texeira v Fischer , 26 NY3d 230, 234 [2016]; Matter of Doleman v Prack , 145 AD3d 1289, 1290-1291 [3d Dept 2016]). | 1 | 1 |
Matter of Young v. Annuccigreen1 sentence2023As we view the unexplained outright denial of a witness commensurate to the denial of petitioner's constitutional right to call witnesses, expungement rather than remittal for a new hearing is the appropriate remedy ( see Matter of Texeira v Fischer , 26 NY3d 230, 234 [2016]; Matter of Doleman v Prack , 145 AD3d 1289, 1290-1291 [3d Dept 2016]). | 1 | 1 |
| People v. Kappgreen | 1 | 1 |
People v. Turckgreen1 sentence2018Moreover, defendant failed to demonstrate the absence of a strategic or other legitimate explanation for defense counsel's discussion of the waiver inasmuch as the record establishes that the prosecutor had already prepared a written waiver prior to the proceeding and that defendant benefitted from the waiver [*2]insofar as it secured the court's sentencing commitment to a range far lower than the maximum sentence ( see People v Turck , 305 AD2d 1072, 1073 [4th Dept 2003], lv denied 100 NY2d 566 [2003]). | 1 | 1 |
| People v. Ariasgreen | 1 | 1 |
| National Puerto Rican Day Parade, Inc. v. Casa Publications, Inc.green | 1 | 1 |
| People v. Hollmangreen | 1 | 1 |
| People v. Brummelgreen | 1 | 1 |
| People v. Hawkinsgreen | 1 | 1 |
| McAteer v. McAteergreen | 1 | 1 |
| People v. Alejandrogreen | 1 | 1 |
| Barbara S. v. Michael I.green | 1 | 1 |
| Fung v. Funggreen | 1 | 1 |
| Thomson-Csf, S.A. v. American Arbitration Association, Evans & Sutherland Computer Corporationgreen | 1 | 1 |
| Pennsylvania v. Finleygreen | 1 | 1 |
| Denney v. BDO Seidman, L.L.P.green | 1 | 1 |
| Anderson v. Eli Lilly & Co.green | 1 | 1 |
| In re the Claim of Jonesgreen | 1 | 1 |
| State v. Insurance Co. of Pennsylvaniagreen | 1 | 1 |
| Legum v. Goldingreen | 1 | 1 |
| Anonymous v. Anonymousgreen | 1 | 1 |
| People v. Federated Radio Corporationgreen | 1 | 1 |
| People v. Essnergreen | 1 | 1 |
| State v. Rachmani Corp.green | 1 | 1 |
| John M. Thompson & Co. v. New Madison Square Garden 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 |
|---|---|---|
People v. Sutton
green
2 sentences2026Thus, it cannot be said that the defendant "received no material benefit from his appeal waiver," or that the appeal waiver "was a gratuitous, after-the-fact additional demand asserted after the bargain had already been struck" ( People v Sutton , 184 AD3d 236, 245 ; see People v Sobers , 235 AD3d 908 , 909; People v Victor , 235 AD3d 783 , 784; People v White , 234 AD3d 884 , 885). 2025Thus, it cannot be said that the defendant "received no material benefit from his appeal waiver," or that the appeal waiver "was a gratuitous, after-the-fact additional demand asserted after the bargain had already been struck" ( People v Sutton, 184 AD3d 236, 245 ; see People v Bryant , 28 NY3d 1094, 1095-1096 ; People v Williams , 227 AD3d 480 , 481). | 6 | 2025–2026 |
Gilman v. New York State Division of Housing & Community Renewal
green
2 sentences2026The Court must determine whether there is a rational basis for the administrative determination or whether it is arbitrary and capricious (Matter of Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144 [2002]). 2025The Court must determine whether there is a rational basis for the agency determination or whether the determination is arbitrary and capricious (Matter of Gilman v New York State Div. of Housing and Community Renewal, 99 NY2d 144 [2002]). | 2 | 2025–2026 |
People v. Bradshaw
green
2 sentences2026Under the totality of the circumstances, including the exemplary explanation of the right to appeal provided to the defendant and the defendant's age, experience, and background, the appeal waiver was knowing, voluntary, and intelligent ( see People v Sanders , 25 NY3d 337, 340 ; People v Bradshaw , 18 NY3d 257, 264 ; People v Walcott , 238 AD3d 1177 ; People v Victor , 235 AD3d at 784; People v White , 234 AD3d at 885). 2025Under the totality of the circumstances, including the exemplary explanation of the right to appeal provided to the defendant and the defendant's age, experience, and background, the appeal waiver was knowing, voluntary, and intelligent ( see People v Sanders , 25 NY3d 337, 340 ; People v Bradshaw , 18 NY3d 257, 264 ; People v Victor , _____ AD3d _____, 2025 NY Slip Op 00887 ; People v White , 234 AD3d 884 ). | 2 | 2025–2026 |
The People v. Rasaun Sanders
green
2 sentences2026Under the totality of the circumstances, including the exemplary explanation of the right to appeal provided to the defendant and the defendant's age, experience, and background, the appeal waiver was knowing, voluntary, and intelligent ( see People v Sanders , 25 NY3d 337, 340 ; People v Bradshaw , 18 NY3d 257, 264 ; People v Walcott , 238 AD3d 1177 ; People v Victor , 235 AD3d at 784; People v White , 234 AD3d at 885). 2025Under the totality of the circumstances, including the exemplary explanation of the right to appeal provided to the defendant and the defendant's age, experience, and background, the appeal waiver was knowing, voluntary, and intelligent ( see People v Sanders , 25 NY3d 337, 340 ; People v Bradshaw , 18 NY3d 257, 264 ; People v Victor , _____ AD3d _____, 2025 NY Slip Op 00887 ; People v White , 234 AD3d 884 ). | 2 | 2025–2026 |
People v. Victor
neutral
2 sentences2025Although much of the discussion of the waiver of the right to appeal took place after the defendant had admitted his guilt, the Supreme Court advised the defendant prior to the defendant's plea of guilty and admission of guilt that the appeal waiver was part of the bargained-for benefit he received with his plea ( see People v Thomas , 34 NY3d 545 , 558; People v Victor , _____ AD3d _____, 2025 NY Slip Op 00887 ; People v White , _____ AD3d _____, 2025 NY Slip Op 00341 ). 2025Although much of the discussion of the waiver of the right to appeal took place after the defendant had admitted his guilt, the appeal waiver was mentioned as being a condition of the plea bargain prior to the defendant's pleas of guilty and admissions of guilt ( see People v Victor , _____ AD3d _____, 2025 NY Slip Op 00887 ; People v White , 234 AD3d 884 ). | 2 | 2025–2025 |
Phillips v. Joseph Kantor & Co.
green
2 sentences2024Summary judgment cannot be granted unless it clearly appears that no genuine triable issues of fact exist (see Phillips v Kantor & Co., 31 NY2d 307 [1972]). 2024Summary judgment cannot be granted unless it clearly appears that no genuine triable issues of fact exist (see Phillips v Kantor & Co., 31 NY2d 307 [1972]). | 2 | 2024–2024 |
Wilkerson v. Buonomo & Thaler
green
2 sentences2013Plaintiffs related claim — that Supreme Court erred in failing to marshal the evidence — is unpreserved for our review (see Radloff v Adler, 205 AD2d 973, 974 [1994], lv dismissed and denied 84 NY2d 988 [1994]) and, in any event, is lacking in merit given that this was a relatively simple trial of short duration. 2013Plaintiffs related claim — that Supreme Court erred in failing to marshal the evidence — is unpreserved for our review (see Radloff v Adler, 205 AD2d 973, 974 [1994], lv dismissed and denied 84 NY2d 988 [1994]) and, in any event, is lacking in merit given that this was a relatively simple trial of short duration. | 2 | 2013–2013 |
Gerka v. Fidelity & Casualty Co.
green
2 sentences2013Further, the Schiff Court cited to Gerka ( 251 NY at 51 ), in which, again, the insurer controlled the defense through trial. 2013Further, the Schiff Court cited to Gerka ( 251 NY at 51 ), in which, again, the insurer controlled the defense through trial. | 2 | 2013–2013 |
Buchanan v. Kentucky
green
2 sentences2004In discussing the Fifth Amendment issue, the Court stated (at 684): “Language contained in Smith and in our later decision in Buchanan v Kentucky, 483 U. S. 402 (1987), provides some support for the Fifth Circuit’s discussion of waiver. 2004In [*6]discussing the Fifth Amendment issue, the Court stated (at 684): "Language contained in Smith and in our later decision in Buchanan v Kentucky , 483 U. S. 402 (1987), provides some support for the Fifth Circuit's discussion of waiver. | 2 | 2004–2004 |
Estelle v. Smith
green
2 sentences2004In Smith we observed that [w]hen a defendant asserts the insanity defense and introduces supporting psychiatric testimony, his silence may deprive the State of the only effective means it has of controverting his proof on an issue that he has interjected into the case.’ 451 U. S., at 465 . 2004In Smith we observed that '[w]hen a defendant asserts the insanity defense and introduces supporting psychiatric testimony , his silence may deprive the State of the only effective means it has of controverting his proof on an issue that he has interjected into the case.' 451 U. S., at 465 . | 2 | 2004–2004 |
Village of Euclid v. Ambler Realty Co.
green
2 sentences1997With the police power as the predicate for the State’s delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare (Berenson v Town of New Castle, 38 NY2d 102,107 , quoting Village of Euclid v Ambler Realty Co., 272 US 365, 395 ; Cornell Univ. v Bagnardi, 68 NY2d 583 , supra). 1997With the police power as the predicate for the State's delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare ( Berenson v Town of New Castle , 38 N.Y.2d 102, 107 , quoting Village of Euclid v Ambler Realty Co. , 272 US 365, 395 ; Cornell Univ. v Bagnardi , 68 N.Y.2d 583 , supra ). | 2 | 1997–1997 |
Berenson v. Town of New Castle
green
2 sentences1997With the police power as the predicate for the State’s delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare (Berenson v Town of New Castle, 38 NY2d 102,107 , quoting Village of Euclid v Ambler Realty Co., 272 US 365, 395 ; Cornell Univ. v Bagnardi, 68 NY2d 583 , supra). 1997With the police power as the predicate for the State's delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare ( Berenson v Town of New Castle , 38 N.Y.2d 102, 107 , quoting Village of Euclid v Ambler Realty Co. , 272 US 365, 395 ; Cornell Univ. v Bagnardi , 68 N.Y.2d 583 , supra ). | 2 | 1997–1997 |
Cornell University v. Bagnardi
green
2 sentences1997With the police power as the predicate for the State’s delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare (Berenson v Town of New Castle, 38 NY2d 102,107 , quoting Village of Euclid v Ambler Realty Co., 272 US 365, 395 ; Cornell Univ. v Bagnardi, 68 NY2d 583 , supra). 1997With the police power as the predicate for the State's delegation of municipal zoning authority, a zoning ordinance will be struck down if it bears no substantial relation to the police power objective of promoting the public health, safety, morals or general welfare ( Berenson v Town of New Castle , 38 N.Y.2d 102, 107 , quoting Village of Euclid v Ambler Realty Co. , 272 US 365, 395 ; Cornell Univ. v Bagnardi , 68 N.Y.2d 583 , supra ). | 2 | 1997–1997 |
Simons v. Northern Pacific Railway Co.
green
2 sentences1981Co. ( 94 Mont. 355 ). 1963Co. ( 94 Mont. 355 ). | 2 | 1963–1981 |
Majewski v. Broadalbin-Perth Central School District
green
1 sentence2026Article 245 as it existed prior to the legislative changes which took effect on August 7, 2025, citing Majewski v Broadalbin-Perth Cent School Dist., 91 NY2d 577 [1998], among [*3]others. | 1 | 2026–2026 |
People v. White
neutral
1 sentence2025Although much of the discussion of the waiver of the right to appeal took place after the defendant had admitted his guilt, the Supreme Court advised the defendant prior to the defendant's plea of guilty and admission of guilt that the appeal waiver was part of the bargained-for benefit he received with his plea ( see People v Thomas , 34 NY3d 545 , 558; People v Victor , _____ AD3d _____, 2025 NY Slip Op 00887 ; People v White , _____ AD3d _____, 2025 NY Slip Op 00341 ). | 1 | 2025–2025 |
Guzman v. Safir
green
1 sentence2024An agency's decision must be upheld where there is any rational basis in the record before the agency to support the disputed determination (See Matter of Guzman v Safir, 293 AD2d 281 [1st Dept 2002]). | 1 | 2024–2024 |
Mangione v. Jacobs
green
1 sentence2023While the defendants acknowledge that "[s]poliation of evidence for failure to preserve the pre-surgical medical condition of a plaintiff in personal injury litigation is a newly emerging area of law," the defendants cite three cases where courts have concluded that spoliation sanctions may be imposed in such circumstances: Martinez v Nelson ( 64 Misc 3d 225 [Sup Ct, Bronx County 2019]), Mangione v Jacobs ( 37 Misc 3d 711 [Sup Ct, Queens County 2012], affd on other grounds 121 AD3d 953 [2d Dept 2014]), and Hoyeun Kang v Perri ( 2021 WL 5507987 , 2021 US Dist LEXIS 162769 [ED NY, Aug. 25, 2021, | 1 | 2023–2023 |
Maharaj v. LaRoche
green
1 sentence2023While the defendants acknowledge that "[s]poliation of evidence for failure to preserve the pre-surgical medical condition of a plaintiff in personal injury litigation is a newly emerging area of law," the defendants cite three cases where courts have concluded that spoliation sanctions may be imposed in such circumstances: Martinez v Nelson ( 64 Misc 3d 225 [Sup Ct, Bronx County 2019]), Mangione v Jacobs ( 37 Misc 3d 711 [Sup Ct, Queens County 2012], affd on other grounds 121 AD3d 953 [2d Dept 2014]), and Hoyeun Kang v Perri ( 2021 WL 5507987 , 2021 US Dist LEXIS 162769 [ED NY, Aug. 25, 2021, | 1 | 2023–2023 |
| People v. Kelley green | 1 | 2018–2018 |
| People v. Tulip green | 1 | 2017–2017 |
| People v. DeLuna green | 1 | 2015–2015 |
| People v. Dumay green | 1 | 2015–2015 |
| Arrocha v. Board of Education green | 1 | 2014–2014 |
| People v. Sanford neutral | 1 | 2013–2013 |
| Walker v. Covington green | 1 | 2012–2012 |
| Rovello v. Orofino Realty Co. green | 1 | 2011–2011 |
| Minnesota v. Murphy green | 1 | 2009–2009 |
| Hartog v. Hartog green | 1 | 2008–2008 |
| Parker v. Executive Department, Board of Parole green | 1 | 2008–2008 |
| People v. Baldi green | 1 | 2004–2004 |
| Winnie v. Winnie green | 1 | 2002–2002 |
| Messemer v. Messemer green | 1 | 2002–2002 |
| People v. Wesley green | 1 | 2000–2000 |
| Maddox v. City of New York green | 1 | 2000–2000 |
| Reina v. Reina green | 1 | 1999–1999 |
| O'Brien v. O'Brien green | 1 | 1999–1999 |
| People v. Goodman green | 1 | 1988–1988 |
| People v. Page green | 1 | 1983–1983 |
| Webster v. Roe neutral | 1 | 1982–1982 |
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.