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10 New York opinions name it 4 courts 1949–2023 1 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 |
|---|---|---|
Roldan v. New York Universitygreen2 sentences2013Accordingly, the Supreme Court properly granted Capital’s motion for summary judgment on its second cause of action in the third-party complaint (see Roldan v New York Univ., 81 AD3d 625, 629 [2011]; see also Brown v Two Exch. 2013Accordingly, the Supreme Court properly granted Capital’s motion for summary judgment on its second cause of action in the third-party complaint (see Roldan v New York Univ., 81 AD3d 625, 629 [2011]; see also Brown v Two Exch. | 2 | 2 |
Alvarez v. Prospect Hospitalgreen2 sentences2013Plaza Partners, 76 NY2d 172 [1990]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). 2013Plaza Partners, 76 NY2d 172 [1990]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). | 2 | 2 |
MATTER OF HYNES v. Tomeigreen2 sentences2001In Matter of Hynes v Tomei ( 92 NY2d 613 [1998], supra) the Court of Appeals found the 1995 death penalty statute had a so-called Jackson infirmity, stating: “Capital defendants under the New York statute who are awaiting trial and are offered a plea are still faced with the choice Jackson declared unconstitutional: exercise Fifth and Sixth Amendment rights and risk death, or abandon those rights and avoid the possibility of death.” (Id., at 626, citing United States v Jackson, 390 US 570, 582 [1968].) Instead of invalidating the entire death penalty statute, the Court excised the offending gu 2000In Matter of Hynes v Tomei (supra, at 626), the Court stated that: “Capital defendants under the New York statute who are awaiting trial and are offered a plea are still faced with the choice Jackson [United States v Jackson, 390 US 570 ] declared unconstitutional: exercise Fifth and Sixth Amendment rights and risk death, or abandon those rights and avoid the possibility of death.” Rather than invalidating the entire 1995 death penalty statute, the court struck the offending guilty plea provisions set forth in CPL 220.10 (5) (e) and 220.30 (3) (b) (vii) and held that the resulting statute proh | 2 | 2 |
United States v. Jacksongreen2 sentences2001In Matter of Hynes v Tomei ( 92 NY2d 613 [1998], supra) the Court of Appeals found the 1995 death penalty statute had a so-called Jackson infirmity, stating: “Capital defendants under the New York statute who are awaiting trial and are offered a plea are still faced with the choice Jackson declared unconstitutional: exercise Fifth and Sixth Amendment rights and risk death, or abandon those rights and avoid the possibility of death.” (Id., at 626, citing United States v Jackson, 390 US 570, 582 [1968].) Instead of invalidating the entire death penalty statute, the Court excised the offending gu 2000In Matter of Hynes v Tomei (supra, at 626), the Court stated that: “Capital defendants under the New York statute who are awaiting trial and are offered a plea are still faced with the choice Jackson [United States v Jackson, 390 US 570 ] declared unconstitutional: exercise Fifth and Sixth Amendment rights and risk death, or abandon those rights and avoid the possibility of death.” Rather than invalidating the entire 1995 death penalty statute, the court struck the offending guilty plea provisions set forth in CPL 220.10 (5) (e) and 220.30 (3) (b) (vii) and held that the resulting statute proh | 1 | 2 |
HSBC Bank USA, National Ass'n v. Traoregreen1 sentence2017CPLR 3215 (c) provides that “[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after [a] default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed” (see HSBC Bank USA, N.A. v Traore, 139 AD3d 1009, 1010 [2016]). | 1 | 1 |
Mohan v. Atlantic Court, LLCgreen1 sentence2016Capital established, prima facie, that the indemnification clause in the contract between Capital and Metro was applicable, and that Capital was free from negligence (see Mohan v Atlantic Ct., LLC, 134 AD3d 1075, 1078 [2015]; Muevecela v 117 Kent Ave., LLC, 129 AD3d 797, 798 [2015]). | 1 | 1 |
Muevecela v. 117 Kent Avenue, LLCgreen1 sentence2016Capital established, prima facie, that the indemnification clause in the contract between Capital and Metro was applicable, and that Capital was free from negligence (see Mohan v Atlantic Ct., LLC, 134 AD3d 1075, 1078 [2015]; Muevecela v 117 Kent Ave., LLC, 129 AD3d 797, 798 [2015]). | 1 | 1 |
Ring v. Arizonagreen1 sentence2004Ring , 536 U.S. at 589 ("Capital defendants, no less than noncapital defendants, we conclude, are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment."). | 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 |
|---|---|---|
Brown v. Two Exchange Plaza Partners
green
2 sentences2013Plaza Partners, 76 NY2d 172 [1990]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). 2013Plaza Partners, 76 NY2d 172 [1990]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). | 2 | 2013–2013 |
Regency Club At Wallkill, LLC v. Bienish
green
1 sentence2023Under the particular circumstances of this case, the Supreme Court providently exercised its discretion in, sua sponte, converting that branch of Capital's motion which was for a preliminary injunction into a special proceeding pursuant to CPLR 5239 ( see id. § 103[c]; Port Chester Elec. | 1 | 2023–2023 |
Avila v. Arsada Corp.
green
1 sentence2023Thus, the Supreme Court improvidently exercised its discretion in granting that branch of Capital's motion which was for a preliminary injunction ( see generally Avila v Arsada Corp. , 34 AD3d 609, 610 ). | 1 | 2023–2023 |
Berkowitz v. Chavo International Inc.
green
1 sentence2023Pursuant to UCC 9-317(a)(2)(A), "[a] security interest . . . is subordinate to the rights of . . . a person that becomes a lien creditor before . . . the security interest . . . is perfected" ( see Berkowitz v Chavo Intl. , 74 NY2d 144, 152 ). | 1 | 2023–2023 |
Annicet Associates, Inc. v. Rapid Access Consulting, Inc.
green
1 sentence2002Although First Capital’s tax law theory of liability raises important questions concerning the liability of corporate officers for obligations incurred at a time when the corporation’s charter has been revoked, which has given rise to a conflict among the courts (compare Poritzky v Wachtel, 176 Misc 633 [Sup Ct, Putnam County 1941]; WorldCom, Inc. v Sandoval, 182 Misc 2d 1021 [Sup Ct, NY County 1999]; Annicet Assoc. v Rapid Access Consulting, 171 Misc 2d 861 [Sup Ct, Rockland County 1997], with Department 56 v Bloom, 186 Misc 2d 901 [Sup Ct, Richmond County 2001]; L-Tec Elecs. | 1 | 2002–2002 |
WorldCom, Inc. v. Sandoval
green
1 sentence2002Although First Capital’s tax law theory of liability raises important questions concerning the liability of corporate officers for obligations incurred at a time when the corporation’s charter has been revoked, which has given rise to a conflict among the courts (compare Poritzky v Wachtel, 176 Misc 633 [Sup Ct, Putnam County 1941]; WorldCom, Inc. v Sandoval, 182 Misc 2d 1021 [Sup Ct, NY County 1999]; Annicet Assoc. v Rapid Access Consulting, 171 Misc 2d 861 [Sup Ct, Rockland County 1997], with Department 56 v Bloom, 186 Misc 2d 901 [Sup Ct, Richmond County 2001]; L-Tec Elecs. | 1 | 2002–2002 |
Department 56, Inc. v. Bloom
green
1 sentence2002Although First Capital’s tax law theory of liability raises important questions concerning the liability of corporate officers for obligations incurred at a time when the corporation’s charter has been revoked, which has given rise to a conflict among the courts (compare Poritzky v Wachtel, 176 Misc 633 [Sup Ct, Putnam County 1941]; WorldCom, Inc. v Sandoval, 182 Misc 2d 1021 [Sup Ct, NY County 1999]; Annicet Assoc. v Rapid Access Consulting, 171 Misc 2d 861 [Sup Ct, Rockland County 1997], with Department 56 v Bloom, 186 Misc 2d 901 [Sup Ct, Richmond County 2001]; L-Tec Elecs. | 1 | 2002–2002 |
Morris v. New York State Department of Taxation & Finance
green
1 sentence2002Piercing the corporate veil requires a showing that: (1) the owner exercised complete domination over the corporation with respect to the transaction attacked, and (2) that such domination was used to commit a fraud or wrong against the plaintiff, resulting in the plaintiff’s injury (Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135, 141 ). | 1 | 2002–2002 |
Poritzky v. Wachtel
green
1 sentence2002Although First Capital’s tax law theory of liability raises important questions concerning the liability of corporate officers for obligations incurred at a time when the corporation’s charter has been revoked, which has given rise to a conflict among the courts (compare Poritzky v Wachtel, 176 Misc 633 [Sup Ct, Putnam County 1941]; WorldCom, Inc. v Sandoval, 182 Misc 2d 1021 [Sup Ct, NY County 1999]; Annicet Assoc. v Rapid Access Consulting, 171 Misc 2d 861 [Sup Ct, Rockland County 1997], with Department 56 v Bloom, 186 Misc 2d 901 [Sup Ct, Richmond County 2001]; L-Tec Elecs. | 1 | 2002–2002 |
MATTER OF FRANCOIS v. Dolan
green
1 sentence2001(Matter of Hynes v Tomei, supra, at 629.) In Matter of Francois v Dolan ( 95 NY2d 33 [2000], supra) the Court of Appeals further held that the District Attorney’s statutory authority to file a notice of intent to seek the death penalty within 120 days of arraignment overrides a defendant’s unconditional right to plead guilty to an indictment under the general plea provisions of the Criminal Procedure Law, more specifically, CPL 220.10 (2) and 220.60 (2). | 1 | 2001–2001 |
In re the Estate of Dettmer
neutral
1 sentence1949(Stock Corporation Law, § 58.) They rely particularly upon the decisions in Matter of Liberman ( 279 N. Y. 458 ); Matter of Bottenwieser ( 185 Misc. 1023 ) and Matter of Dettmer ( 176 Misc. 512 ). | 1 | 1949–1949 |
In re the Will of Bottenwieser
neutral
1 sentence1949(Stock Corporation Law, § 58.) They rely particularly upon the decisions in Matter of Liberman ( 279 N. Y. 458 ); Matter of Bottenwieser ( 185 Misc. 1023 ) and Matter of Dettmer ( 176 Misc. 512 ). | 1 | 1949–1949 |
In Re the Will of Liberman
green
1 sentence1949(Stock Corporation Law, § 58.) They rely particularly upon the decisions in Matter of Liberman ( 279 N. Y. 458 ); Matter of Bottenwieser ( 185 Misc. 1023 ) and Matter of Dettmer ( 176 Misc. 512 ). | 1 | 1949–1949 |
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.