Judiciary Law claim (New York) · Go Syfert
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Judiciary Law claim in New York

10 New York opinions name it 3 courts 1960–2020 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 (2)

CaseFollowedCited
Boye v. Rubin & Bailin, LLPgreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2020–2020
2 sentences

2020Thus, to make a prima facie showing that they were entitled to summary judgment on the Judiciary Law claim, defendants were not required to submit an affidavit from a legal expert, but rather, an affidavit from someone with actual knowledge of the allegations at issue suffices ( see Boye v Rubin & Ballin, LLP , 152 AD3d 1, 9 [1st Dept 2017]).

2020Thus, to make a prima facie showing that they were entitled to summary judgment on the Judiciary Law claim, defendants were not required to submit an affidavit from a legal expert, but rather, an affidavit from someone with actual knowledge of the allegations at issue suffices ( see Boye v Rubin & Ballin, LLP , 152 AD3d 1, 9 [1st Dept 2017]).

11
Pendleton v. City of New Yorkgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2010–2010
2 sentences

2010Rather, he contends that the doctrine is applicable because “the only substantive difference between the complaint and the proposed amended complaint are the allegations regarding Defendant’s state of mind, i.e., were his acts and omissions merely negligent or did he intend to deceive the court, the other litigants and his own client?” (Plaintiffs reply mem of law in further support of his motion to amend the complaint at 4.) “The sine qua non of the relation-back doctrine is notice.” (Pendleton v City of New York, 44 AD3d 733, 736 [2d Dept 2007].) “Where the allegations of the original compla

2010Rather, he contends that the doctrine is applicable because “the only substantive difference between the complaint and the proposed amended complaint are the allegations regarding Defendant’s state of mind, i.e., were his acts and omissions merely negligent or did he intend to deceive the court, the other litigants and his own client?” (Plaintiffs reply mem of law in further support of his motion to amend the complaint at 4.) “The sine qua non of the relation-back doctrine is notice.” (Pendleton v City of New York, 44 AD3d 733, 736 [2d Dept 2007].) “Where the allegations of the original compla

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 (12)

CaseCitedYears
Sun Ann Supply Inc. v. Trenz, Inc. green
nyappdiv · 1991
2 sentences

1999We also leave undisturbed the motion court’s grant of leave for Weg & Myers to file an amended answer to assert defenses of laches and failure to mitigate (Sun Ann Supply v Trenz, Inc., 178 AD2d 328 ) as to the remaining claims and its denial of summary judgment to the Bank thereon.

1999We also leave undisturbed the motion court’s grant of leave for Weg & Myers to file an amended answer to assert defenses of laches and failure to mitigate (Sun Ann Supply v Trenz, Inc., 178 AD2d 328 ) as to the remaining claims and its denial of summary judgment to the Bank thereon.

21999–1999
People v. Santiago neutral
nyappdiv · 1992
2 sentences

1999Moreover, since Weg & Myers was not shown to have practiced deceit or collusion with Pali during a judicial proceeding to which Weg & Myers was a party (Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, supra), the Judiciary Law claim set forth in the sixth cause of action was properly dismissed.

1999Moreover, since Weg & Myers was not shown to have practiced deceit or collusion with Pali during a judicial proceeding to which Weg & Myers was a party (Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, supra), the Judiciary Law claim set forth in the sixth cause of action was properly dismissed.

21999–1999
1050 Tenants Corp. v. Lapidus green
nyappdiv · 2014
2 sentences

2016Indeed, the Judiciary Law claim did not even exist when plaintiff commenced the Apollo action (see 1050 Tenants, 118 AD3d at 560-561 ).

2016Indeed, the Judiciary Law claim did not even exist when plaintiff commenced the Apollo action (see 1050 Tenants, 118 AD3d at 560-561 ).

12016–2016
Rosa v. Mohan Kulkarni Unibell Anesthesia, P.C. green
nysupct · 1982
1 sentence

1982Special Term decided that motion in conjunction with three others, one of which, Rosa v Kulkarni Unibell Anesthesia ( 113 Misc 2d 39 ), was then appealed to this court.

11982–1982
Mulroy v. Carey green
nyappdiv · 1977
1 sentence

1979We have already suggested in Mulroy v Carey ( 58 AD2d 207 , affd 43 NY2d 819 ), that any party who feels aggrieved (not including the District Attorney) has sufficient recourse under subdivision 2 of section 149 of the Judiciary Law to challenge the jurisdiction of the Extraordinary Special and Trial Term.

11979–1979
Mulroy v. Carey green
ny · 1977
1 sentence

1979We have already suggested in Mulroy v Carey ( 58 AD2d 207 , affd 43 NY2d 819 ), that any party who feels aggrieved (not including the District Attorney) has sufficient recourse under subdivision 2 of section 149 of the Judiciary Law to challenge the jurisdiction of the Extraordinary Special and Trial Term.

11979–1979
People v. Sam green
nyappdiv · 1975
1 sentence

1976Prior to the Dondi decision in the Court of Appeals, this court granted a Judiciary Law motion to dismiss an indictment obtained by the Special Prosecutor, holding that he did not have jurisdiction over transgressions unrelated to the enforcement of law or the administration of criminal justice (People v Sam, 49 AD2d 732 ).

11976–1976
People v. . Meakim green
ny · 1892
1 sentence

1973That statute states: ‘ ‘ Adjudication for criminal contempt under subdivision A of section seven hundred fifty of the judiciary law shall not bar a prosecution for the crime of criminal contempt under section 215.50 based upon the same conduct but, upon conviction thereunder, the court, in sentencing the defendant shall take the previous punishment into consideration.” This statute is supported by an 1892 decision of the Court of Appeals in People v. Meakin ( 133 N. Y. 214 ).

11973–1973
McCoy v. Gas Engine & Power Co. green
nyappdiv · 1912
1 sentence

1960Their remedy, if any, would be by plenary action based on a quantum meruit theory of recovery (see McGoy v. Gas Engine & Power Co., 152 App. Div. 642 , affd. 208 N. Y. 63 ; Harvey v. Dodge Corp., 169 Misc. 781, 783 ; 3 N. Y.

11960–1960
Matter of Weitling green
ny · 1935
1 sentence

1960The attorneys would have no standing either under section 475 of the Judiciary Law or under rule 4 (cf. Dudar v. Milef Realty Corp., 227 App. Div. 279 ; Matter of Weitling, 266 N. Y. 184, 187 ).

11960–1960
Harvey v. F. W. Dodge Corp. neutral
nynyccityct · 1938
1 sentence

1960Their remedy, if any, would be by plenary action based on a quantum meruit theory of recovery (see McGoy v. Gas Engine & Power Co., 152 App. Div. 642 , affd. 208 N. Y. 63 ; Harvey v. Dodge Corp., 169 Misc. 781, 783 ; 3 N. Y.

11960–1960
Dudar v. Milef Realty Corp. green
nyappdiv · 1929
1 sentence

1960The attorneys would have no standing either under section 475 of the Judiciary Law or under rule 4 (cf. Dudar v. Milef Realty Corp., 227 App. Div. 279 ; Matter of Weitling, 266 N. Y. 184, 187 ).

11960–1960

Statutes the citing opinions construe

NY § N.Y. Judiciary Law § 487 (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.

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