reasonable man test (New York) · Go Syfert
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reasonable man test in New York

10 New York opinions name it 6 courts 1972–2015 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 (8)

CaseFollowedCited
People v. Mackellgreen
nyappdiv · 1975 · cited in 3 New York opinions naming this issue, 1983–2015
2 sentences

2015I agree with the District Court’s statement that courts “cannot substitute a reasonable man test for the essential requirement of criminal intent” (People v Lemma, 39 Misc 3d 399, 412 [Nassau Dist Ct 2013], quoting Mackell, 47 AD2d at 218-219 ).

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

23
People v. Lemmagreen
nydistct · 2013 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015I agree with the District Court’s statement that courts “cannot substitute a reasonable man test for the essential requirement of criminal intent” (People v Lemma, 39 Misc 3d 399, 412 [Nassau Dist Ct 2013], quoting Mackell, 47 AD2d at 218-219 ).

11
People v. Stumppgreen
nydistctsuffolk · 1985 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013Without criminal intent there is no crime here.” (People v Mackell, 47 AD2d 209, 218-219 [2d Dept 1975] [conviction of District Attorney of official misconduct for failing to disclose knowledge of scheme to defraud reversed].) Obstructing Governmental Administration in the Second Degree The second count against the defendant is obstructing governmental administration in the second degree, in violation of Penal Law § 195.05, which provides, in pertinent part: “A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of

11
People v. Yuklgreen
ny · 1969 · cited in 1 New York opinions naming this issue, 1988–1988
1 sentence

1988(People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; People v Brown, 104 AD2d 696 [3d Dept 1984], supra.) Applying this objective standard it is clear that Police Officer Nivar’s initial conversation with the couple in the park was not custodial in nature.

11
People v. . Tomlinsgreen
ny · 1914 · cited in 1 New York opinions naming this issue, 1986–1986
1 sentence

1986In People v Tomlins ( 213 NY 240, 244 [1914]), Judge Cardozo once more enunciated the reasonable man standard: "We think that if the situation justified the defendant os a reasonable man in believing that he was about to be murderously attacked, he had the right to stand his ground.” (Emphasis added.) In People v Ligouri ( 284 NY 309, 316 [1940]), the Court of Appeals was unequivocal, using the following language: "If the circumstances justified the belief on his part that he is in danger of inevitable and irreparable injury, although it should turn out he was mistaken, an ordinarily prudent m

11
People v. Ligourigreen
ny · 1940 · cited in 1 New York opinions naming this issue, 1986–1986
1 sentence

1986In People v Tomlins ( 213 NY 240, 244 [1914]), Judge Cardozo once more enunciated the reasonable man standard: "We think that if the situation justified the defendant os a reasonable man in believing that he was about to be murderously attacked, he had the right to stand his ground.” (Emphasis added.) In People v Ligouri ( 284 NY 309, 316 [1940]), the Court of Appeals was unequivocal, using the following language: "If the circumstances justified the belief on his part that he is in danger of inevitable and irreparable injury, although it should turn out he was mistaken, an ordinarily prudent m

11
People v. Cherrygreen
ny · 1954 · cited in 1 New York opinions naming this issue, 1986–1986
1 sentence

1986In People v Tomlins ( 213 NY 240, 244 [1914]), Judge Cardozo once more enunciated the reasonable man standard: "We think that if the situation justified the defendant os a reasonable man in believing that he was about to be murderously attacked, he had the right to stand his ground.” (Emphasis added.) In People v Ligouri ( 284 NY 309, 316 [1940]), the Court of Appeals was unequivocal, using the following language: "If the circumstances justified the belief on his part that he is in danger of inevitable and irreparable injury, although it should turn out he was mistaken, an ordinarily prudent m

11
Perrotti v. Bennettgreen
· 1920 · cited in 1 New York opinions naming this issue, 1979–1979
1 sentence

1979(See Herman v City of Buffalo, 214 NY 316 ; Seifert v City of Brooklyn, 101 NY 136 ; see, also, Perrotti v Bennett, 94 Conn 533; Nuisance — Municipal Liability, Ann. 56 ALR2d 1415.) The court in Weiss v Fote ( 7 NY2d 579 , supra) in effect recognized this distinction as well, when it backed away from absolute immunity and applied the reasonable man standard of professional malpractice to a case where there existed an underlying duty to keep a street or highway in a reasonably safe condition.

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 (17)

CaseCitedYears
People v. Stumpp neutral
nyappterm · 1986
1 sentence

2013Without criminal intent there is no crime here.” (People v Mackell, 47 AD2d 209, 218-219 [2d Dept 1975] [conviction of District Attorney of official misconduct for failing to disclose knowledge of scheme to defraud reversed].) Obstructing Governmental Administration in the Second Degree The second count against the defendant is obstructing governmental administration in the second degree, in violation of Penal Law § 195.05, which provides, in pertinent part: “A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of

12013–2013
Licari v. Elliott green
ny · 1982
1 sentence

1989"It is incumbent upon the court to decide in the first instance whether plaintiff has a cause of action to assert within the meaning of the statute” (Licari v Elliott, 57 NY2d 230, 237 ).

11989–1989
People v. Brown green
nyappdiv · 1984
1 sentence

1988(People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; People v Brown, 104 AD2d 696 [3d Dept 1984], supra.) Applying this objective standard it is clear that Police Officer Nivar’s initial conversation with the couple in the park was not custodial in nature.

11988–1988
Patterson v. District Court of Oklahoma green
scotus · 1970
1 sentence

1988(People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; People v Brown, 104 AD2d 696 [3d Dept 1984], supra.) Applying this objective standard it is clear that Police Officer Nivar’s initial conversation with the couple in the park was not custodial in nature.

11988–1988
Claim of Harris v. Hart & Crouse Corp. green
nyappdiv · 1966
1 sentence

1983(Restatement, Torts 2d, § 496D; Scharf v Manson, 27 AD2d 613 .) The defendant bears the burden of proof as to the risk plaintiff allegedly assumed.

11983–1983
People v. . Rosenheimer green
ny · 1913
1 sentence

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

11983–1983
Biss v. Tenneco, Inc. green
nyappdiv · 1978
1 sentence

1983Co., 43 NY2d 583, 590 ; Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 NY2d 376, 387 ; Bolm v Triumph Corp., 33 NY2d 151, 158-159 ; Biss v Tenneco, Inc., 64 AD2d 204, 205-207 ).

11983–1983
Micallef v. Miehle Co. green
ny · 1976
1 sentence

1983Co., 43 NY2d 583, 590 ; Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 NY2d 376, 387 ; Bolm v Triumph Corp., 33 NY2d 151, 158-159 ; Biss v Tenneco, Inc., 64 AD2d 204, 205-207 ).

11983–1983
Bolm v. Triumph Corp. green
ny · 1973
1 sentence

1983Co., 43 NY2d 583, 590 ; Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 NY2d 376, 387 ; Bolm v Triumph Corp., 33 NY2d 151, 158-159 ; Biss v Tenneco, Inc., 64 AD2d 204, 205-207 ).

11983–1983
People v. Haney green
ny · 1972
2 sentences

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

11983–1983
People v. Mackell green
ny · 1976
1 sentence

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

11983–1983
Martin v. Julius Dierck Equipment Co. green
ny · 1978
1 sentence

1983Co., 43 NY2d 583, 590 ; Micallef v Miehle Co., Div. of Miehle-Goss Dexter, 39 NY2d 376, 387 ; Bolm v Triumph Corp., 33 NY2d 151, 158-159 ; Biss v Tenneco, Inc., 64 AD2d 204, 205-207 ).

11983–1983
People v. Warner-Lambert Co. green
ny · 1980
1 sentence

1983“What amounts to a violation of this section depends, of course, entirely on the circumstances of the particular conduct.” (People v Haney, supra, at p 335 .) And, “we cannot substitute a reasonable man test for the essential requirement of criminal intent.” (People v Mackell, 47 AD2d 209, 218-219 , affd 40 NY2d 59 .) Thus, it has oft been repeated that “[a] distance separates the negligence which renders one criminally liable from that which establishes civil liability.” (People v Rosenheimer, 209 NY 115, 123 ; cf. People v Warner-Lambert Co., 51 NY2d 295, 306 ; People v Montanez, 41 NY2d 53

11983–1983
Seifert v. . City of Brooklyn green
ny · 1886
1 sentence

1979(See Herman v City of Buffalo, 214 NY 316 ; Seifert v City of Brooklyn, 101 NY 136 ; see, also, Perrotti v Bennett, 94 Conn 533; Nuisance — Municipal Liability, Ann. 56 ALR2d 1415.) The court in Weiss v Fote ( 7 NY2d 579 , supra) in effect recognized this distinction as well, when it backed away from absolute immunity and applied the reasonable man standard of professional malpractice to a case where there existed an underlying duty to keep a street or highway in a reasonably safe condition.

11979–1979
Herman v. . City of Buffalo green
ny · 1915
1 sentence

1979(See Herman v City of Buffalo, 214 NY 316 ; Seifert v City of Brooklyn, 101 NY 136 ; see, also, Perrotti v Bennett, 94 Conn 533; Nuisance — Municipal Liability, Ann. 56 ALR2d 1415.) The court in Weiss v Fote ( 7 NY2d 579 , supra) in effect recognized this distinction as well, when it backed away from absolute immunity and applied the reasonable man standard of professional malpractice to a case where there existed an underlying duty to keep a street or highway in a reasonably safe condition.

11979–1979
Weiss v. Fote green
ny · 1960
1 sentence

1979(See Herman v City of Buffalo, 214 NY 316 ; Seifert v City of Brooklyn, 101 NY 136 ; see, also, Perrotti v Bennett, 94 Conn 533; Nuisance — Municipal Liability, Ann. 56 ALR2d 1415.) The court in Weiss v Fote ( 7 NY2d 579 , supra) in effect recognized this distinction as well, when it backed away from absolute immunity and applied the reasonable man standard of professional malpractice to a case where there existed an underlying duty to keep a street or highway in a reasonably safe condition.

11979–1979
People v. Harvey green
ny · 1954
1 sentence

1972In People v. Harvey ( 307 N. Y. 588, 592 ), it stated 16 We do not think that the statute gauges criminality by the impressions made on an annoyed or disgruntled citizen.

11972–1972

Where else courts name it

LA 33 (1966–2008) IL 23 (1884–1994) CA 17 (1935–2025) PA 17 (1973–2020) AZ 13 (1963–2026) AL 12 (1901–2014) TX 12 (1915–2015) IN 10 (1968–2019) NY 10 (1972–2015) NC 9 (1978–2024) MN 9 (1970–2012) VA 8 (1991–2024) MA 8 (1985–2009) GA 7 (1942–1994) FL 7 (1967–2005) KS 6 (1980–1995) MS 6 (1991–1997) OR 5 (1973–2017) UT 5 (1950–2007) MI 5 (1918–2020) MO 4 (1921–1925) NJ 4 (1962–2003) HI 3 (1968–2025) ID 3 (1967–1974) OH 3 (1983–2002) MT 3 (1977–1985) SD 3 (1960–1986) TN 3 (1970–1985) NM 2 (1982–1989) WA 2 (1967–1976) DC 2 (1985–2018) OK 2 (1979–1994) DE 2 (1990–2018) ME 2 (1979–2017) WY 2 (1982–2018) SC 2 (1970–1996) WV 2 (1907–2023) IA 2 (1985–1988)

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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