elusive principle in New York

11 New York opinions name it 4 courts 1978–2008 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.

Followed or applied (3)

Case	Followed	Cited
Brown v. Achygreen nyappdiv · 2004 · cited in 3 New York opinions naming this issue, 2005–2008 2 sentences 2008As noted in a three to two decision rendered by the Appellate Division, First Department, concerning a similar “serious injury” claim: “This personal injury lawsuit . . . once again presents us with the sometimes frustrating task of deciding when evidence presented on a motion for summary judgment meets the serious injury threshold ..., an elusive standard that all too frequently escapes facile and final resolution” (Brown v Achy, 9 AD3d 30, 31 [1st Dept 2004] [internal quotation marks omitted; emphasis added]). 2005In the context of this appeal, we engage in the perennial debate over the issue of whether a plaintiff’s evidence of personal injury meets the statutory threshold set by Insurance Law § 5102 (d), “an elusive standard that all too frequently escapes facile and final resolution” (Brown v Achy, 9 AD3d 30, 31 [2004]).	3	3
SHAD Alliance v. Smith Haven Mallgreen ny · 1985 · cited in 3 New York opinions naming this issue, 1988–1994 2 sentences 1994(SHAD Alliance v Smith Haven Mall, 66 NY2d, at 506 , supra.) State action is recognized to be "an elusive principle not reducible to ritualistic incantations or precise formalism”. 1989Moreover, it has been recognized that the concept of State action is "an elusive principle not reducible to ritualistic incantations or precise formalism (see, Sharrock v Dell Buick-Cadillac, 45 NY2d 152, 158 , supra [citing Burton v Wilmington Parking Auth., 365 US 715, 722 ]; see also, Tribe, American Constitutional Law, op. cit, at 1148-1149)” (SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 505 ).	2	3
In Re the Estate of Wilsongreen ny · 1983 · cited in 1 New York opinions naming this issue, 1989–1989 1 sentence 1989The general standard for determining whether private conduct constitutes State action is whether that conduct can be deemed to be "fairly attributable to the State” (Lugar v Edmondson Oil Co., 457 US 922, 937 ; see also, Matter of Wilson, 59 NY2d 461, 476 ).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
Burton v. Wilmington Parking Authority green scotus · 1961 2 sentences 1989Moreover, it has been recognized that the concept of State action is "an elusive principle not reducible to ritualistic incantations or precise formalism (see, Sharrock v Dell Buick-Cadillac, 45 NY2d 152, 158 , supra [citing Burton v Wilmington Parking Auth., 365 US 715, 722 ]; see also, Tribe, American Constitutional Law, op. cit, at 1148-1149)” (SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 505 ). 1988(See, SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 499, 500 .) As the SHAD court observed, "despite its outward simplicity as a concept, State action is in fact an elusive principle not reducible to ritualistic incantations or precise formalism (see, Sharrock v Dell Buick-Cadillac, 45 NY2d 152, 158 , supra [citing Burton v Wilmington Parking Auth., 365 US 715, 722 ]; see also, Tribe, American Constitutional Law, op. cit., at 1148-1149).	4	1978–1989
Sharrock v. Dell Buick-Cadillac, Inc. green ny · 1978 2 sentences 1989Moreover, it has been recognized that the concept of State action is "an elusive principle not reducible to ritualistic incantations or precise formalism (see, Sharrock v Dell Buick-Cadillac, 45 NY2d 152, 158 , supra [citing Burton v Wilmington Parking Auth., 365 US 715, 722 ]; see also, Tribe, American Constitutional Law, op. cit, at 1148-1149)” (SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 505 ). 1988(See, SHAD Alliance v Smith Haven Mall, 66 NY2d 496, 499, 500 .) As the SHAD court observed, "despite its outward simplicity as a concept, State action is in fact an elusive principle not reducible to ritualistic incantations or precise formalism (see, Sharrock v Dell Buick-Cadillac, 45 NY2d 152, 158 , supra [citing Burton v Wilmington Parking Auth., 365 US 715, 722 ]; see also, Tribe, American Constitutional Law, op. cit., at 1148-1149).	3	1985–1989
Rodriguez v. Goldstein green nyappdiv · 1992 1 sentence 2004In determining a motion for summary judgment where the issue is whether plaintiff has sustained a serious injury defined by Insurance Law § 5102 (d), the defendant bears the initial burden to present competent evidence that the plaintiff has no cause of action (see Rodriguez v Goldstein, 182 AD2d 396 [1992]).	1	2004–2004
People v. Quinones green nyappdiv · 1988 1 sentence 1990(People v Quinones, 139 AD2d 404, 406-407 , affd 73 NY2d 988 .) For all of these reasons, we are drawn to the inescapable conclusion that the People’s delay must be interpreted as a complete failure to deliver and, as such, constitutes per se reversible error requiring a new trial.	1	1990–1990
122 West 109 Street Corp. v. City of New York green ny · 1989 1 sentence 1990(People v Quinones, 139 AD2d 404, 406-407 , affd 73 NY2d 988 .) For all of these reasons, we are drawn to the inescapable conclusion that the People’s delay must be interpreted as a complete failure to deliver and, as such, constitutes per se reversible error requiring a new trial.	1	1990–1990
Lugar v. Edmondson Oil Co. green scotus · 1982 1 sentence 1989The general standard for determining whether private conduct constitutes State action is whether that conduct can be deemed to be "fairly attributable to the State” (Lugar v Edmondson Oil Co., 457 US 922, 937 ; see also, Matter of Wilson, 59 NY2d 461, 476 ).	1	1989–1989
People v. Gilligan green ny · 1976 1 sentence 1988(People v Gilligan, 39 NY2d 769, 770 .) Clearly, we are not dealing with an elusive principle of law or a rarely encountered situation, so that it is quite incomprehensible that the prosecutor did not inform Officer Goldstein to produce his memo book and the arrest reports for trial.	1	1988–1988
Carlos Melara v. James J. Kennedy green ca9 · 1976 1 sentence 1985The factors to be considered in determining whether it has been shown include: "the source of authority for the private action; whether the State is so entwined with the regulation of the private conduct as to constitute State activity; whether there is meaningful State participation in the activity; and whether there has been a delegation of what has traditionally been a State function to a private person ( Melara v Kennedy , 541 F.2d 802, 805 ).	1	1985–1985

Statutes the citing opinions construe

NY § N.Y. Insurance Law § 5102 (4)

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.

Where else courts name it

NY 11 (1978–2008) CA 3 (1969–2024) NC 3 (2020–2020) WI 2 (1984–1998) DC 2 (1980–2005) PA 2 (2004–2005)

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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