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11 New York opinions name it 3 courts 2000–2026 4 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 |
|---|---|---|
Ambassador Factors v. Kandel & Co.green2 sentences2025Wright's allegations that Viscusi's valuation of the property at $825,000, and that "statements used to support this valuation" were "false and misleading and misrepresented material facts," were supported by the forensic analysis performed by appraiser Michael Pavlakos annexed to Wright's pleading ( see Houbigant, Inc. v Deloitte & Touche , 303 AD2d 92, 99 [1st Dept 2003]; Ambassador Factors, 215 AD2d at 308 ). 2025Wright's allegations that Viscusi's valuation of the property at $825,000, and that "statements used to support this valuation" were "false and misleading and misrepresented material facts," were supported by the forensic analysis performed by appraiser Michael Pavlakos annexed to Wright's pleading ( see Houbigant, Inc. v Deloitte & Touche , 303 AD2d 92, 99 [1st Dept 2003]; Ambassador Factors, 215 AD2d at 308). | 1 | 1 |
Houbigant, Inc. v. Deloitte & Touche, LLPgreen2 sentences2025Wright's allegations that Viscusi's valuation of the property at $825,000, and that "statements used to support this valuation" were "false and misleading and misrepresented material facts," were supported by the forensic analysis performed by appraiser Michael Pavlakos annexed to Wright's pleading ( see Houbigant, Inc. v Deloitte & Touche , 303 AD2d 92, 99 [1st Dept 2003]; Ambassador Factors, 215 AD2d at 308 ). 2025Wright's allegations that Viscusi's valuation of the property at $825,000, and that "statements used to support this valuation" were "false and misleading and misrepresented material facts," were supported by the forensic analysis performed by appraiser Michael Pavlakos annexed to Wright's pleading ( see Houbigant, Inc. v Deloitte & Touche , 303 AD2d 92, 99 [1st Dept 2003]; Ambassador Factors, 215 AD2d at 308). | 1 | 1 |
People v. Becoatsgreen1 sentence2023By permitting defense counsel - 10 - - 11 - No. 69 to suggest to the jury that there were alternative innocent explanations for the petechiae, yet excluding the most viable evidence to support that premise, the trial court’s ruling deflated the strength of the defense (see People v Diaz, 20 NY3d 569, 576 [2013]; People v Labenski, 134 AD2d 907, 908 [4th Dept 1987]; see also People v Wright, 25 NY3d 769, 783 [2015]; People v Becoats, 17 NY3d 643, 655-656 [2011], cert denied 566 US 964 [2012]). | 1 | 1 |
People v. Manzigreen1 sentence2023By permitting defense counsel - 10 - - 11 - No. 69 to suggest to the jury that there were alternative innocent explanations for the petechiae, yet excluding the most viable evidence to support that premise, the trial court’s ruling deflated the strength of the defense (see People v Diaz, 20 NY3d 569, 576 [2013]; People v Labenski, 134 AD2d 907, 908 [4th Dept 1987]; see also People v Wright, 25 NY3d 769, 783 [2015]; People v Becoats, 17 NY3d 643, 655-656 [2011], cert denied 566 US 964 [2012]). | 1 | 1 |
People v. Diazgreen1 sentence2023By permitting defense counsel - 10 - - 11 - No. 69 to suggest to the jury that there were alternative innocent explanations for the petechiae, yet excluding the most viable evidence to support that premise, the trial court’s ruling deflated the strength of the defense (see People v Diaz, 20 NY3d 569, 576 [2013]; People v Labenski, 134 AD2d 907, 908 [4th Dept 1987]; see also People v Wright, 25 NY3d 769, 783 [2015]; People v Becoats, 17 NY3d 643, 655-656 [2011], cert denied 566 US 964 [2012]). | 1 | 1 |
The People v. Howard S. Wrightgreen1 sentence2023By permitting defense counsel - 10 - - 11 - No. 69 to suggest to the jury that there were alternative innocent explanations for the petechiae, yet excluding the most viable evidence to support that premise, the trial court’s ruling deflated the strength of the defense (see People v Diaz, 20 NY3d 569, 576 [2013]; People v Labenski, 134 AD2d 907, 908 [4th Dept 1987]; see also People v Wright, 25 NY3d 769, 783 [2015]; People v Becoats, 17 NY3d 643, 655-656 [2011], cert denied 566 US 964 [2012]). | 1 | 1 |
People v. Kentgreen1 sentence2022Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 ), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the 94 counts of possessing a sexual performance by a child (Penal Law § 263.16; see People v Kent , 19 NY3d 290, 304 ; People v Rotella , 194 AD3d 1079, 1080 ). | 1 | 1 |
Leon v. Martinezgreen1 sentence2017Discussion [FN3] It is well settled that on a motion to dismiss pursuant to CPLR 3211 (a) (7), "the pleading is to be afforded a liberal construction ( see , CPLR 3026). [The court must] accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory." ( Leon v Martinez , 84 NY2d 83, 87-88 [1994]. | 1 | 1 |
Corsello v. Verizon New York, Inc.green1 sentence2017Moreover, the misrepresentations that allegedly prevented plaintiff from filing a timely action — specifically, representations regarding the trust’s solvency — are also the basis for its underlying substantive claims (see Corsello v Verizon N.Y., Inc., 18 NY3d 777, 789 [2012]; Beck v Christie’s Inc., 141 AD3d 442, 443-444 [2016]). | 1 | 1 |
Matter of Zaid v. Burkegreen1 sentence2017Moreover, the misrepresentations that allegedly prevented plaintiff from filing a timely action — specifically, representations regarding the trust’s solvency — are also the basis for its underlying substantive claims (see Corsello v Verizon N.Y., Inc., 18 NY3d 777, 789 [2012]; Beck v Christie’s Inc., 141 AD3d 442, 443-444 [2016]). | 1 | 1 |
Coleman v. Putnam Hospital Centergreen1 sentence2016Ctr., 74 AD3d 1009, 1011 [2d Dept 2010]). | 1 | 1 |
People v. Glassgreen1 sentence2006Since we find the photographs to be supplemental to Belmonte’s testimony, the loss of these exhibits was not fatal (see People v Glass, 43 NY2d 283, 286 [1977]; Matter of Roland R., 290 AD2d 278 , 278 [2002]). | 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 |
|---|---|---|
ACE American Insurance v. Freeman Decorating Co.
green
1 sentence2026Any evidence proffered by the husband's accountant did not constitute "new facts" as required by CPLR 2221(e)(2), and even if it did, the husband did not provide any reason, let alone reasonable justification, for his failure to submit the forensic analysis on the underlying motion ( see Justino v Santiago , 116 AD3d 411 , 411 [1st Dept 2014]). | 1 | 2026–2026 |
Yelloweagle v. United States
green
1 sentence2023By permitting defense counsel - 10 - - 11 - No. 69 to suggest to the jury that there were alternative innocent explanations for the petechiae, yet excluding the most viable evidence to support that premise, the trial court’s ruling deflated the strength of the defense (see People v Diaz, 20 NY3d 569, 576 [2013]; People v Labenski, 134 AD2d 907, 908 [4th Dept 1987]; see also People v Wright, 25 NY3d 769, 783 [2015]; People v Becoats, 17 NY3d 643, 655-656 [2011], cert denied 566 US 964 [2012]). | 1 | 2023–2023 |
People v. Rottela
neutral
1 sentence2022Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 ), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the 94 counts of possessing a sexual performance by a child (Penal Law § 263.16; see People v Kent , 19 NY3d 290, 304 ; People v Rotella , 194 AD3d 1079, 1080 ). | 1 | 2022–2022 |
People v. Contes
green
1 sentence2022Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 ), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the 94 counts of possessing a sexual performance by a child (Penal Law § 263.16; see People v Kent , 19 NY3d 290, 304 ; People v Rotella , 194 AD3d 1079, 1080 ). | 1 | 2022–2022 |
The People v. Chris Price
green
1 sentence2018Given the foregoing, we find that the victim's testimony adequately authenticated the photographs taken of her person and thus were properly received into evidence ( see People v Price , 29 NY3d at 476-477 ). | 1 | 2018–2018 |
West 16th Street Tenants Corp. v. Public Service Mutual Insurance
green
1 sentence2006Since we find the photographs to be supplemental to Belmonte’s testimony, the loss of these exhibits was not fatal (see People v Glass, 43 NY2d 283, 286 [1977]; Matter of Roland R., 290 AD2d 278 , 278 [2002]). | 1 | 2006–2006 |
In re Leslie K.
green
1 sentence2002An independent forensic analysis is also necessary to determine whether Tamara suffered from PTSD or whether her allegations of sexual abuse were the product of nascent schizophrenia (see, Matter of Linda K., 132 AD2d 149 , lv denied 70 NY2d 616 ). | 1 | 2002–2002 |
People v. Kaufman
green
1 sentence2000Accordingly, the defendant’s present claims that the court’s ruling violated his Sixth Amendment right to confront witnesses and did not allow him to present evidence on his own behalf are not preserved for appellate review (see, CPL 470.05; People v Hughes, 251 AD2d 513 ; People v Kaufman, 156 AD2d 718 ). | 1 | 2000–2000 |
People v. Hughes
neutral
1 sentence2000Accordingly, the defendant’s present claims that the court’s ruling violated his Sixth Amendment right to confront witnesses and did not allow him to present evidence on his own behalf are not preserved for appellate review (see, CPL 470.05; People v Hughes, 251 AD2d 513 ; People v Kaufman, 156 AD2d 718 ). | 1 | 2000–2000 |
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.