Certainly defendant (New York) · Go Syfert
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Certainly defendant in New York

12 New York opinions name it 4 courts 1858–1998 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.

Followed or applied (7)

CaseFollowedCited
People v. Phillipsgreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 1998–1998
1 sentence

1998(People v Phillips, 183 AD2d 856, 858 [2d Dept 1992]; People v Ziskin, 158 Misc 2d 447, 449 [Crim Ct, NY County 1993]; People v Calise, 167 Misc 2d 277, 278 [Crim Ct, Bronx County 1996]; People v Welgoss, NYLJ, Feb. 7, 1992, at 27, col 2 [Crim Ct, Kings County].) Once the People omitted the statements from the required notice under CPL 710.30 (1), the defense “had every right to assume that the People did not plan to use these statements on their direct case.” (People v Holley, 157 Misc 2d 402, 404 [Crim Ct, NY County 1993].) Certainly defendant knew that he had made specific statements to the

11
People v. Holleygreen
nycrimct · 1993 · cited in 1 New York opinions naming this issue, 1998–1998
1 sentence

1998(People v Phillips, 183 AD2d 856, 858 [2d Dept 1992]; People v Ziskin, 158 Misc 2d 447, 449 [Crim Ct, NY County 1993]; People v Calise, 167 Misc 2d 277, 278 [Crim Ct, Bronx County 1996]; People v Welgoss, NYLJ, Feb. 7, 1992, at 27, col 2 [Crim Ct, Kings County].) Once the People omitted the statements from the required notice under CPL 710.30 (1), the defense “had every right to assume that the People did not plan to use these statements on their direct case.” (People v Holley, 157 Misc 2d 402, 404 [Crim Ct, NY County 1993].) Certainly defendant knew that he had made specific statements to the

11
People v. Ziskingreen
nycrimct · 1993 · cited in 1 New York opinions naming this issue, 1998–1998
1 sentence

1998(People v Phillips, 183 AD2d 856, 858 [2d Dept 1992]; People v Ziskin, 158 Misc 2d 447, 449 [Crim Ct, NY County 1993]; People v Calise, 167 Misc 2d 277, 278 [Crim Ct, Bronx County 1996]; People v Welgoss, NYLJ, Feb. 7, 1992, at 27, col 2 [Crim Ct, Kings County].) Once the People omitted the statements from the required notice under CPL 710.30 (1), the defense “had every right to assume that the People did not plan to use these statements on their direct case.” (People v Holley, 157 Misc 2d 402, 404 [Crim Ct, NY County 1993].) Certainly defendant knew that he had made specific statements to the

11
People v. Calisegreen
nycrimct · 1996 · cited in 1 New York opinions naming this issue, 1998–1998
1 sentence

1998(People v Phillips, 183 AD2d 856, 858 [2d Dept 1992]; People v Ziskin, 158 Misc 2d 447, 449 [Crim Ct, NY County 1993]; People v Calise, 167 Misc 2d 277, 278 [Crim Ct, Bronx County 1996]; People v Welgoss, NYLJ, Feb. 7, 1992, at 27, col 2 [Crim Ct, Kings County].) Once the People omitted the statements from the required notice under CPL 710.30 (1), the defense “had every right to assume that the People did not plan to use these statements on their direct case.” (People v Holley, 157 Misc 2d 402, 404 [Crim Ct, NY County 1993].) Certainly defendant knew that he had made specific statements to the

11
International Shoe Co. v. Washingtongreen
scotus · 1945 · cited in 1 New York opinions naming this issue, 1984–1984
1 sentence

1984(Emphasis added.) Certainly defendant cannot deny that she has exercised those certain minimum contacts with this State so that the exercise of in personam jurisdiction over her does not offend “traditional notions of fair play and substantial justice” (Milliken v Meyer, 311 US 457, 463 ; see, also, Millner Co. v Noudar, Lda., 24 AD2d 326 ), under the test established in International Shoe Co. v Washington ( 326 US 310 ).

11
A. Millner Co. v. Noudar, Lda.green
nyappdiv · 1966 · cited in 1 New York opinions naming this issue, 1984–1984
1 sentence

1984(Emphasis added.) Certainly defendant cannot deny that she has exercised those certain minimum contacts with this State so that the exercise of in personam jurisdiction over her does not offend “traditional notions of fair play and substantial justice” (Milliken v Meyer, 311 US 457, 463 ; see, also, Millner Co. v Noudar, Lda., 24 AD2d 326 ), under the test established in International Shoe Co. v Washington ( 326 US 310 ).

11
149 Clinton Avenue North, Inc. v. Grassigreen
nyappdiv · 1976 · cited in 1 New York opinions naming this issue, 1980–1980
1 sentence

1980North v Grassi, supra, pp 506, 507); and, it is on such basis, that this court departs from the alleged stare decisis of Kilarjian (supra).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Morris v. . Talcott green
ny · 1884
2 sentences

1901This is certainly the rule in regard to fraud in fact (Morris v. Talcott, 96 N. Y. 100 ), and I can see no reason why it should not prevail in respect to fraud upon the law.

1896This is certainly the rule in regard to fraud in fact (Morris v. Talcott, 96 N. Y. 100 ), and I can see no reason why it should not prevail in respect to fraud upon the law.

31896–1901
Milliken v. Meyer green
scotus · 1941
1 sentence

1984(Emphasis added.) Certainly defendant cannot deny that she has exercised those certain minimum contacts with this State so that the exercise of in personam jurisdiction over her does not offend “traditional notions of fair play and substantial justice” (Milliken v Meyer, 311 US 457, 463 ; see, also, Millner Co. v Noudar, Lda., 24 AD2d 326 ), under the test established in International Shoe Co. v Washington ( 326 US 310 ).

11984–1984
Kinney v. Kinney neutral
nyappdiv · 1981
1 sentence

1982By holding the notes of issue in abeyance pending service of a bill of particulars and, if necessary, amendment of its answer, Special Term afforded ample relief to defendant’s present attorneys (see Kinney v Kinney, 81 AD2d 942 ).

11982–1982
Kilarjian v. Kilarjian neutral
nyappdiv · 1969
1 sentence

1980North v Grassi, supra, pp 506, 507); and, it is on such basis, that this court departs from the alleged stare decisis of Kilarjian (supra).

11980–1980
People v. May green
nyappdiv · 1960
1 sentence

1979The judgment should be modified by reducing the conviction to the lesser included offense of assault third degree (see Penal Law, § 120.00, subd 2; People v Ramos, 20 AD2d 882 ; People v May, 9 AD2d 508 ), and the matter remitted for sentencing.

11979–1979
People v. Ramos green
nyappdiv · 1964
1 sentence

1979The judgment should be modified by reducing the conviction to the lesser included offense of assault third degree (see Penal Law, § 120.00, subd 2; People v Ramos, 20 AD2d 882 ; People v May, 9 AD2d 508 ), and the matter remitted for sentencing.

11979–1979
Bernhardt v. American Railway Express Co. neutral
nyappdiv · 1926
1 sentence

1975Express Co., 218 App. Div. 195 .) Certainly defendant municipal corporation should have similar protection.

11975–1975
In re Proving the Last Will & Testament of Oates neutral
nyappdiv · 1916
1 sentence

1969An objection should not have been sustained on the ground that the question called for a conclusion or opinion from Telian because a witness may be impeached by reference to prior incon sistent opinions or conclusions (Matter of Oates, 171 App. Div. 679 ; Richardson, Evidence, § 513 [Prince, 9th ed., 1964]).

11969–1969
People v. McLaughlin green
nyappdiv · 1901
1 sentence

1957Root v. Wasmer, 201 Misc. 71 ; People v. McLaughlin, 57 App. Div. 454 .) This certainly is the rule affecting Justices of the Peace, whose authority to act in any case is not conditional or dependent upon the disability or disqualification of another justice.

11957–1957
People ex rel. Root v. Wasmer neutral
nysupct · 1951
1 sentence

1957Root v. Wasmer, 201 Misc. 71 ; People v. McLaughlin, 57 App. Div. 454 .) This certainly is the rule affecting Justices of the Peace, whose authority to act in any case is not conditional or dependent upon the disability or disqualification of another justice.

11957–1957
Johnson v. Rapalyea neutral
nyappdiv · 1896
1 sentence

1901(Johnson v. Rapalyea, 1 App. Div. 463 .) The judgment should be reversed and a new trial granted, costs to abide the final award of costs.

11901–1901
Sherman v. Youngs neutral
nysupct · 1851
1 sentence

1858(Code, § 471. 6 How.

11858–1858

Where else courts name it

CA 32 (1896–2025) NY 12 (1858–1998) MO 11 (1872–1958) PA 10 (1874–1991) TX 10 (1882–1993) NJ 8 (1959–1980) IL 8 (1923–2026) LA 5 (1937–2013) MI 5 (1909–1994) KS 5 (1895–2019) IA 4 (1968–2021) WA 3 (2002–2011) CO 3 (1960–2012) MN 3 (1902–2006) AL 3 (1874–1993) UT 3 (1949–2019) OK 2 (1923–1964) VA 2 (1942–1992) NC 2 (1985–1998) WY 2 (1991–1991) AZ 2 (1973–1990) CT 2 (1996–1998) FL 2 (1889–1982) NE 2 (1961–1969) HI 2 (2019–2019) WI 2 (1885–2019)

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.

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