deficiency error (New York) · Go Syfert
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deficiency error in New York

11 New York opinions name it 5 courts 1916–2006 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 (3)

CaseFollowedCited
Stolowitz v. Mount Sinai Hospitalgreen
ny · 1983 · cited in 3 New York opinions naming this issue, 1984–1985
2 sentences

1985“Because of this deficiency it was error as a matter of law not to grant the motion to dismiss without condition [citations omitted]” (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686 ; emphasis added).

1984“Because of this deficiency it was error as a matter of law not to grant the motion to dismiss without condition.” (Stolowitz v Mount Sinai Hosp., 60 NY2d, at p 686.)

23
Murray v. City of New Yorkgreen
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Their argument in this regard is thus unpreserved for appellate review (Matter of Stevens v Wing, 293 AD2d 49, 55 [2002], lv denied 98 NY2d 616 [2002]; Murray v City of New York, 195 AD2d 379, 381 [1993]), and we decline to review it.

11
Stevens v. Winggreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Their argument in this regard is thus unpreserved for appellate review (Matter of Stevens v Wing, 293 AD2d 49, 55 [2002], lv denied 98 NY2d 616 [2002]; Murray v City of New York, 195 AD2d 379, 381 [1993]), and we decline to review it.

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 (8)

CaseCitedYears
In re the Estate of Long neutral
nysurct · 1932
2 sentences

1954Such laches were dealt with in Matter of Long ( 144 Misc. 181 ).

1953Such laches were dealt with in Matter of Long ( 144 Misc. 181 ).

31949–1954
Sortino v. Fisher green
nyappdiv · 1963
2 sentences

1984(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25,31-32 .)” (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686.) Concur — Ross, J.

1983(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25, 31-32 .) In view of this disposition we have no occasion to address the contentions of the parties as to the reasonableness of the proffered excuse for the delay in serving the complaint.

21983–1984
Barasch v. Micucci green
ny · 1980
2 sentences

1984(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25,31-32 .)” (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686.) Concur — Ross, J.

1983(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25, 31-32 .) In view of this disposition we have no occasion to address the contentions of the parties as to the reasonableness of the proffered excuse for the delay in serving the complaint.

21983–1984
Amodeo v. Radler green
ny · 1983
2 sentences

1984(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25,31-32 .)” (Stolowitz v Mount Sinai Hosp., 60 NY2d 685, 686.) Concur — Ross, J.

1983(Amodeo v Radler, 59 NY2d 1001 ; Barasch v Micucci, 49 NY2d 594, 599 ; Sortino v Fisher, 20 AD2d 25, 31-32 .) In view of this disposition we have no occasion to address the contentions of the parties as to the reasonableness of the proffered excuse for the delay in serving the complaint.

21983–1984
Hopkins v. . Ensign green
ny · 1890
1 sentence

1983But if the consideration for the assignment was Halkias’ contract to pay $190,000 for the property, PNA received a bonus in excess of the sum due on the mortgage and the agreement diverted surplus moneys from the bid price in contravention of public policy (see Tibbals v Graham, 50 Wyo 277; cf. Alvernes v Small Business Admin., supra; Hopkins v Ensign, 122 NY 144 , supra).

11983–1983
People v. Steele green
ny · 1970
1 sentence

1981“Justification is a ‘defense’ * * * as opposed to an ‘affirmative defense’ — and ‘the people have the burden of disproving such defense beyond a reasonable doubt’.” (People v Steele, 26 NY2d 526, 528 .) The petitioner has sustained that burden by proving that there was no factual basis for the claim of justification.

11981–1981
In re the Estate of Basten neutral
nysurct · 1953
1 sentence

1954The door of the Supreme Court is always open for that purpose.” (Emphasis supplied.) Surrogate Sterley, in Matter of Basten (supra, p. 940 ), sets forth the following principle: “ The present case is indicative of a deficiency in the claim’s support by the undisputed fact that the claimant never presented any claim to the decedent in his lifetime and that she filed none with the executors until approximately fifteen months after the issuance of letters testamentary.

11954–1954
Wilkesbarre Realty Co. v. Powell neutral
nynyccityct · 1914
1 sentence

1916Supp. 431 ; Wilkesbarre Realty Co. v. Powell, supra. In the McCready case (supra) it is to be noted the deficiency clause provided for rests, i. e., periods before the expiration of the lease, when the amount of the deficiency was to be ascertained.

11916–1916

Where else courts name it

TX 36 (1986–2022) FL 27 (1960–2019) CT 22 (1976–2022) IL 17 (1978–2026) CA 12 (1985–2026) PA 11 (1969–2025) NY 11 (1916–2006) GA 11 (1944–2025) ID 8 (2016–2024) NJ 8 (1934–2022) UT 8 (2020–2022) MI 7 (1988–2022) MO 7 (1932–2015) VT 6 (1915–2005) WA 6 (1971–2023) OH 6 (2003–2025) AZ 5 (1982–2024) LA 4 (1983–2015) AL 4 (1940–2002) IA 3 (1980–2026) WI 3 (1936–2025) TN 2 (1998–2001) IN 2 (1958–2018) MS 2 (1984–2002) NC 2 (2004–2023) MN 2 (1937–2010) OK 2 (1925–2020) NV 2 (1973–2018) KS 2 (1982–1996) OR 2 (1998–2016) DE 2 (2018–2024)

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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