generally applicable standard (New York) · Go Syfert
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generally applicable standard in New York

10 New York opinions name it 3 courts 1978–2014 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 (5)

CaseFollowedCited
Fikes v. Alabamagreen
scotus · 1957 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013Proof of voluntariness compatible with due process, we have said, will depend upon the particular circumstances—“the totality”—of each case (Anderson, 42 NY2d at 38 , citing Clewis v Texas, 386 US 707, 708 [1967]; Fikes v Alabama, 352 US 191, 197 [1957]; see also Dickerson v United States, 530 US 428, 434 [2000] [“The due process test takes into consideration the totality of all the surrounding circumstances—both the characteristics of the accused and the details of the interrogation”] [citation and internal quotation marks omitted]).

11
Clewis v. Texasgreen
scotus · 1967 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013Proof of voluntariness compatible with due process, we have said, will depend upon the particular circumstances—“the totality”—of each case (Anderson, 42 NY2d at 38 , citing Clewis v Texas, 386 US 707, 708 [1967]; Fikes v Alabama, 352 US 191, 197 [1957]; see also Dickerson v United States, 530 US 428, 434 [2000] [“The due process test takes into consideration the totality of all the surrounding circumstances—both the characteristics of the accused and the details of the interrogation”] [citation and internal quotation marks omitted]).

11
Dickerson v. United Statesred
scotus · 2000 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013Proof of voluntariness compatible with due process, we have said, will depend upon the particular circumstances—“the totality”—of each case (Anderson, 42 NY2d at 38 , citing Clewis v Texas, 386 US 707, 708 [1967]; Fikes v Alabama, 352 US 191, 197 [1957]; see also Dickerson v United States, 530 US 428, 434 [2000] [“The due process test takes into consideration the totality of all the surrounding circumstances—both the characteristics of the accused and the details of the interrogation”] [citation and internal quotation marks omitted]).

11
Worcester Insurance v. Bettenhausergreen
ny · 2000 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007Co. v Bettenhauser, supra at 188).

11
Johnson v. Zerbstgreen
scotus · 1938 · cited in 1 New York opinions naming this issue, 1991–1991
1 sentence

1991The determination of whether there has been an intelligent waiver * * * must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused” (Johnson v Zerbst, supra, at 464, quoting Ohio Bell Tel.

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
Adirondack Mountain Reserve v. Board of Assessors of the Town of North Hudson green
nyappdiv · 2013
2 sentences

2014Reserve v Board of Assessors of the Town of N. Hudson, 106 AD3d 1232 , 1234 [2013] [internal quotation marks and citation omitted]).

2014Reserve v Board of Assessors of the Town of N. Hudson, 106 AD3d 1232 , 1234 [2013] [internal quotation marks and citation omitted]).

32014–2014
Bernard v. Rosenthal green
nyappdiv · 1991
1 sentence

2014Moreover, the claim is not applicable where, as here, each parcel was separately assessed following the filing of subdivision maps (see RPTL 504 [4]; Matter of Bernard v Rosenthal, 172 AD2d 931 [1991], lv denied 78 NY2d 864 [1991] [unless impracticable, subdivision lots should be separately assessed]). -3- 517488 After hearing the testimony and written report by petitioner's appraiser, Supreme Court determined, and respondent does not now dispute, that petitioner overcame the generally applicable presumption of validity, by demonstrating "[s]ubstantial evidence" of overvaluation, or, put diffe

12014–2014
People v. Anderson green
ny · 1977
1 sentence

2013Proof of voluntariness compatible with due process, we have said, will depend upon the particular circumstances—“the totality”—of each case (Anderson, 42 NY2d at 38 , citing Clewis v Texas, 386 US 707, 708 [1967]; Fikes v Alabama, 352 US 191, 197 [1957]; see also Dickerson v United States, 530 US 428, 434 [2000] [“The due process test takes into consideration the totality of all the surrounding circumstances—both the characteristics of the accused and the details of the interrogation”] [citation and internal quotation marks omitted]).

12013–2013
Greene v. NYC SOC SERVS. green
ny · 1978
1 sentence

1999Dept. of Social Servs., 44 NY2d 322 [1978]; see also, Matter of Lemon v New York City Tr.

11999–1999
Greenberg v. Jerome H. Remick & Co. green
ny · 1920
1 sentence

1998The complaint of plaintiff law firm, alleging, inter.alia, that the firm changed its position to its detriment by reason of its retainer agreements with the Union and Welfare Fund defendants, sufficiently states a claim for compensation according to the terms of those retainer agreements, notwithstanding the generally applicable rule that a client may discharge its attorney at will and, in so doing, relegate outgoing counsel to recover in quantum meruit for the value of its services (see, Greenberg v Remick & Co., 230 NY 70 ; Atkins & O’Brien v ISS Intl.

11998–1998
Blumm v. Gilbert neutral
nyappdiv · 1900
1 sentence

1982(See, e.g., Lindenberg Corp. v Howland, 115 Misc 244 ; Brumm v Gilbert, 50 App Div 430 .) Here, the guarantees provided that they would inure to and be enforceable by Chase or its parent or subsidiary and Chase’s and their “successors and assigns”.

11982–1982
Lindenberg Corp. v. Howland green
nynyccityct · 1921
1 sentence

1982(See, e.g., Lindenberg Corp. v Howland, 115 Misc 244 ; Brumm v Gilbert, 50 App Div 430 .) Here, the guarantees provided that they would inure to and be enforceable by Chase or its parent or subsidiary and Chase’s and their “successors and assigns”.

11982–1982
Hebrew Free School Ass'n v. Mayor of New York green
· 1885
1 sentence

1978More importantly, New York courts have refused to grant an exemption under a statute requiring ownership where legal title is held by a nonqualifying entity and the property is leased exclusively to a qualifying entity (Hebrew Free School Assn. of N. Y. v Mayor etc. of City of N. Y, 99 NY 488 ; People ex rel.

11978–1978

Where else courts name it

CA 29 (1985–2024) MD 11 (1981–2020) MT 10 (2001–2025) NY 10 (1978–2014) MA 8 (1985–2022) CO 8 (2002–2026) CT 8 (1933–2021) PA 7 (2014–2025) AR 7 (2009–2016) TX 7 (2006–2023) IL 7 (1983–2016) MO 5 (1938–2016) IA 5 (2013–2022) WA 5 (1997–2018) MI 5 (1958–2019) TN 4 (2000–2018) NJ 4 (1969–2013) MN 4 (1913–2016) GA 4 (1988–2025) OR 4 (2024–2025) OH 4 (1998–2021) MS 3 (2004–2018) ID 3 (1985–2015) FL 3 (2004–2013) OK 3 (1942–2024) NC 2 (2005–2017) AK 2 (1988–1988) SC 2 (2012–2014) HI 2 (1978–1987) ME 2 (2002–2011) WI 2 (2014–2015) WY 2 (1974–2010)

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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