10 New York opinions name it 3 courts 1917–2017 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.
| Case | Followed | Cited |
|---|---|---|
Rovello v. Orofino Realty Co.green1 sentence2017Plaintiff had avenues to withstand the motion to dismiss but “[chose] to stand on [its] pleading alone” (Rovello v Orofino Realty Co., 40 NY2d 633, 635 [1976]). | 1 | 1 |
Bonacorsa v. Van Lindtgreen1 sentence2017Furthermore, while petitioner’s certificate of relief from disabilities creates “a presumption of rehabilitation” (Correction Law § 753 [2]), it does not establish an entitlement to employment (see Matter of Bonacorsa v Van Lindt, 71 NY2d 605, 614 [1988]). | 1 | 1 |
People v. Jacksongreen1 sentence1993While the defendant in such situations can seek to have the disposition of the direct appeal held in abeyance, it seems capricious and unfair to make the availability of a more favorable standard of review turn upon the defendant’s success in navigating such a series of procedural hurdles.” (People v Jackson, supra, at 658, n 4 .) Judge Titone’s interpretation of the Jackson case (supra)— albeit a disapproving one — is adopted as a correct statement of the law. | 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 |
|---|---|---|
Arrocha v. Board of Education
green
2 sentences2017The record demonstrates that DOE properly considered the factors enumerated in article 23-A of the Correction Law (see Matter of Arrocha, 93 NY2d at 364-365 ; Matter of Persaud v New York State Off. of Children & Family Servs., 114 AD3d 492 [1st Dept 2014]), and the fact that DOE afforded greater weight to factors unfavorable to petitioner than to those favorable to him does not warrant the conclusion that it did not consider the favorable factors (see Arrocha at 366-367). 2015That it afforded greater weight to factors unfavorable to petitioner than to factors favorable to him does not warrant the conclusion that it did not consider the favorable factors (Arrocha, 93 NY2d at 366-367 ). | 4 | 2013–2017 |
Persaud v. New York State Office of Children & Family Services
green
1 sentence2017The record demonstrates that DOE properly considered the factors enumerated in article 23-A of the Correction Law (see Matter of Arrocha, 93 NY2d at 364-365 ; Matter of Persaud v New York State Off. of Children & Family Servs., 114 AD3d 492 [1st Dept 2014]), and the fact that DOE afforded greater weight to factors unfavorable to petitioner than to those favorable to him does not warrant the conclusion that it did not consider the favorable factors (see Arrocha at 366-367). | 1 | 2017–2017 |
Dempsey v. New York City Department of Education
green
1 sentence2015Moreover, the certificate of relief from disabilities “shall create a presumption of rehabilitation” (Correction Law § 753 [2]); “it does not create a prima facie entitlement to the license” (Matter of Dempsey v New York City Dept. of Educ., 108 AD3d 454 , 455 [1st Dept 2013]). | 1 | 2015–2015 |
Bata v. Bata
green
1 sentence1987Forum non conveniens is a judicially developed doctrine, now codified in CPLR 327 (a), 1 based, in large measure, on public policy considerations (see, Bata v Bata, 304 NY 51, 56 ; Robinson v Oceanic Steam Nav. | 1 | 1987–1987 |
Mattox v. News Syndicate Co.
green
1 sentence1957In Mattox v. News Syndicate Co. ( 176 F. 2d 897 ), the court admitted evidence of treatment of the plaintiff by others, following a libelous publication, over a claim that such evidence was hearsay and therefore incompetent, on the ground that where a person’s feelings or beliefs are relevant his declarations regarding such feelings are competent evidence of their existence. | 1 | 1957–1957 |
Bishop v. . New York Times Co.
green
1 sentence1957The case of Bishop v. Neiv York Times Co. ( 233 N. Y. 446 ), heavily relied on by the appellant, requires no different ruling, for there we expressly stated (p. 454) that “ a plaintiff is not compelled to rely upon a favorable presumption with which the law endows his cause of action but that he may prove if he can that he has been avoided and shunned by former friends and acquaintances as the direct and well-connected result of the libel ”. | 1 | 1957–1957 |
Nugent v. . Jacobs
neutral
1 sentence1924(Nugent v. Jacobs, 103 N. Y. 125 .) In the case cited Chief Judge Rtjger, writing for the Court of Appeals, said: “ The payment by the purchaser of a fair consideration upon a sale of property affords strong evidence of the good faith of the transaction, and while not conclusive upon that question requires clear evidence of the existence of a fraudulent intent to overcome the presumption of honest motives, arising from that fact.” Full and adequate consideration furnished for the transfer is the outstanding and redeeming feature of the transaction involved in this action, and the favorable pre | 1 | 1924–1924 |
Southern Pacific Co. v. Kentucky
green
1 sentence1917If the vessel was taxable in Georgia, as indicated by Southern Pacific Co. v. Kentucky (222 U. S. 63 ) that is not very important. | 1 | 1917–1917 |
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.
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.