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10 New York opinions name it 5 courts 1958–2024 5 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 |
|---|---|---|
New York City Health & Hospitals Corp. v. McBarnettegreen2 sentences2006Corp. v McBarnette, 84 NY2d 194, 201 [1994]) means that a petitioner who is challenging the validity of legislation may not use an article 78 proceeding for that purpose; a lawsuit to challenge the validity of legislation should take the form of an action for a declaratory judgment. 2006Corp. v McBarnette, 84 NY2d 194, 201 [1994]) means that a petitioner who is challenging the validity of legislation may not use an article 78 proceeding for that purpose; a lawsuit to challenge the validity of legislation should take the form of an action for a declaratory judgment. ( See also Press v County of Monroe, 50 NY2d 695, 702 [1980]; Matter of Kovarsky v Housing & Dev. | 2 | 2 |
Press v. County of Monroegreen2 sentences2006(See also Press v County of Monroe, 50 NY2d 695, 702 [1980]; Matter of Kovarsky v Housing & Dev. 2006Corp. v McBarnette, 84 NY2d 194, 201 [1994]) means that a petitioner who is challenging the validity of legislation may not use an article 78 proceeding for that purpose; a lawsuit to challenge the validity of legislation should take the form of an action for a declaratory judgment. ( See also Press v County of Monroe, 50 NY2d 695, 702 [1980]; Matter of Kovarsky v Housing & Dev. | 2 | 2 |
Kovarsky v. Housing & Development Administrationgreen1 sentence2006Admin. of City of N.Y., 31 NY2d 184, 192 [1972].) It does not mean that, when an article 78 proceeding is brought to compel the enforcement of legislation the petitioner claims is valid, the court must grant the petition whether the legislation is valid or not. | 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 |
|---|---|---|
Stolz v. New York Central Railroad
green
2 sentences2023The Court of Appeals reversed and remitted the actions to the motion court for further proceedings consistent with the opinion ( 7 NY2d at 276 ). [FN6] Dismissal of the lawsuit was error, the Court of Appeals held, because the action "is dictated by the intrinsic character of the action here involved and by Federal precedent in related situations under the F.E.L.A." ( id . at 275). 2023The Court of Appeals reversed and remitted the actions to the motion court for further proceedings consistent with the opinion ( 7 NY2d at 276 ). [FN6] Dismissal of the lawsuit was error[*10], the Court of Appeals held, because the action "is dictated by the intrinsic character of the action here involved and by Federal precedent in related situations under the F.E.L.A." ( id . at 275). | 4 | 2023–2023 |
Ehrlich-Bober & Co. v. University of Houston
green
1 sentence2024New York has a strong interest in adjudicating this lawsuit and the factors which support specific jurisdiction establish a strong factual and legal connection to New York ( Ehrlich-Bober & Co., Inc. v Univ. of Houston , 49 NY2d 574 [1980]). | 1 | 2024–2024 |
Carlson v. Travelers Insurance
green
1 sentence1981Co., 35 AD2d 351, 355 .) We note also that although the insurer need not indemnify Dr. Goldfarb for any liability for punitive damages, it must, nonetheless, defend him in the pending lawsuit because a claim within the stated coverage has been made. | 1 | 1981–1981 |
Hartford Accident & Indemnity Co. v. Village of Hempstead
green
1 sentence1981Moreover, inasmuch as the insurer’s interest in defending the lawsuit is in conflict with the defendant’s interest— the insurer being liable only upon some of the grounds for recovery asserted and not upon others — defendant Goldfarb is entitled to defense by an attorney of his own choosing, whose reasonable fee is to be paid by the insurer. * (Hartford Ace. & Ind. Co. v Village of Hempstead, 48 NY2d 218, 228-229 , supra; Prashker v United States Guar. | 1 | 1981–1981 |
O'Connor v. O'Connor
green
1 sentence1979(Richards v Richards, 69 Misc 285 , supra; O’Connor v O’Connor, 62 Misc 53 .) Once the proceeding is terminated and the time for appeal has expired, however, the privilege reattaches. | 1 | 1979–1979 |
Davin v. City of Syracuse
neutral
1 sentence1979(Richards v Richards, 69 Misc 285 , supra; O’Connor v O’Connor, 62 Misc 53 .) Once the proceeding is terminated and the time for appeal has expired, however, the privilege reattaches. | 1 | 1979–1979 |
Cary v. Cary
neutral
1 sentence1958It would therefore appear that plaintiff’s sole remedy with respect thereto was by motion in the action resulting in the judgment (cf. Cary v. Cary, 144 App. Div. 846 ; Kahn v. Kahn, 126 Misc. 44 ; Gysin v. Gysin, 239 App. Div. 855 ; Burgher v. Burgher, 184 Misc. 682 ). | 1 | 1958–1958 |
Gysin v. Gysin
neutral
1 sentence1958It would therefore appear that plaintiff’s sole remedy with respect thereto was by motion in the action resulting in the judgment (cf. Cary v. Cary, 144 App. Div. 846 ; Kahn v. Kahn, 126 Misc. 44 ; Gysin v. Gysin, 239 App. Div. 855 ; Burgher v. Burgher, 184 Misc. 682 ). | 1 | 1958–1958 |
Kahn v. Kahn
neutral
1 sentence1958It would therefore appear that plaintiff’s sole remedy with respect thereto was by motion in the action resulting in the judgment (cf. Cary v. Cary, 144 App. Div. 846 ; Kahn v. Kahn, 126 Misc. 44 ; Gysin v. Gysin, 239 App. Div. 855 ; Burgher v. Burgher, 184 Misc. 682 ). | 1 | 1958–1958 |
Burgher v. Burgher
neutral
1 sentence1958It would therefore appear that plaintiff’s sole remedy with respect thereto was by motion in the action resulting in the judgment (cf. Cary v. Cary, 144 App. Div. 846 ; Kahn v. Kahn, 126 Misc. 44 ; Gysin v. Gysin, 239 App. Div. 855 ; Burgher v. Burgher, 184 Misc. 682 ). | 1 | 1958–1958 |
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.