9 New York opinions name it 5 courts 1909–2024 1 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 |
|---|---|---|
Long v. Forest-Fehlhabergreen2 sentences1983Plaintiff’s comparative negligence, however, is a defense to an action based on a violation of subdivision 6 of section 241 of the Labor Law (Long v Forest-Fehlhaber, 55 NY2d 154 ). 1982Although the law was unclear at the time, the Court of Appeals has since determined that comparative negligence is a defense in an action based on a violation of the regulations promulgated pursuant to subdivision 6 of section 241 of the Labor Law (Long v Forest-Fehlhaber, 55 NY2d 154,161). | 1 | 2 |
Markov v. Markovgreen1 sentence2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 | 1 | 1 |
Allen v. Maraisgreen1 sentence2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 | 1 | 1 |
Islamic Republic of Iran v. Pahlavigreen1 sentence2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 | 1 | 1 |
National Bank & Trust Co. of North America v. Banco De Vizcayagreen1 sentence2010A court may dismiss an action based on the doctrine of forum non conveniens if it “determines that ‘in the interest of substantial justice the action should be heard in another forum’ ” (National Bank & Trust Co. of N. Am. v Banco De Vizcaya, 72 NY2d 1005, 1007 [1988], cert denied 489 US 1067 [1989], quoting CPLR 327). | 1 | 1 |
Foxhall Realty Law Offices, Inc. v. Telecommunications Premium Services, Ltd.green1 sentence2005“If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.” ( 47 USC § 227 [b] [3].) This provision has been construed to grant state courts exclusive jurisdiction over private rights of action (see Schulman v Chase Manhattan Bank, supra at 178; see also Foxhall Realty Law Offs., Inc. v Telecommunications Premium Servs., Ltd., 156 F3d 432 , 43 | 1 | 1 |
Schulman v. Chase Manhattan Bankgreen1 sentence2005“If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.” ( 47 USC § 227 [b] [3].) This provision has been construed to grant state courts exclusive jurisdiction over private rights of action (see Schulman v Chase Manhattan Bank, supra at 178; see also Foxhall Realty Law Offs., Inc. v Telecommunications Premium Servs., Ltd., 156 F3d 432 , 43 | 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 |
|---|---|---|
Allen v. Riese Organization, Inc.
green
1 sentence2024A valid release bars an action based on a claim which is the subject of the release, and where the release language is clear and unambiguous, it is binding on the parties unless it was procured by, among others, duress (Allen v Riese Org., 106 AD3d 514 [1st Dept 2013]). | 1 | 2024–2024 |
Blinder, Robinson & Co. v. Securities & Exchange Commission
green
1 sentence2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 | 1 | 2010–2010 |
3H Enterprises v. Bennett
green
1 sentence2010The application of this flexible doctrine is discretionary and requires the balancing of relevant factors such as the availability of an alternative forum, the potential hardship to the defendant, the parties’ residency, the. jurisdiction in which the cause of action arose and. the burden on New York courts in entertaining the action (see Islamic Republic of Iran v Pahlavi, 62 NY2d 474, 478-479 [1984], cert denied 469 US 1108 [1985]; Allen v Marais, S.A., 307 AD2d 613, 614 [2003]; 3H Enters. v Bennett, 276 AD2d 965 , 966 [2000], lv denied 96 NY2d 710 [2001]; Markov v Markov, 274 AD2d 870, 871 | 1 | 2010–2010 |
National Bank & Trust Co. of North America, Ltd. v. Banco de Vizcaya, S. A.
green
1 sentence2010A court may dismiss an action based on the doctrine of forum non conveniens if it “determines that ‘in the interest of substantial justice the action should be heard in another forum’ ” (National Bank & Trust Co. of N. Am. v Banco De Vizcaya, 72 NY2d 1005, 1007 [1988], cert denied 489 US 1067 [1989], quoting CPLR 327). | 1 | 2010–2010 |
Maines v. Cronomer Valley Fire Dept., Inc.
green
1 sentence1989Fire Dept., 50 NY2d 535, 542 ; see also, Mem of Joint Legis Comm on Fire Laws, 1956 NY Legis Doc, No. 45, reprinted in McKinney’s Cons Laws of NY, Book 63B, at XXII). | 1 | 1989–1989 |
Kelly v. Diesel Construction
neutral
1 sentence1974(Kelly v. Diesel Constr., 70 Misc 2d 686 .) There is an absolute duty to furnish a safe scaffold (Rocha v. State of New York, 77 Misc 2d 290 ) and therefore contributory negligence would not be a defense to an action based on a violation of this section. | 1 | 1974–1974 |
Rocha v. State
green
1 sentence1974(Kelly v. Diesel Constr., 70 Misc 2d 686 .) There is an absolute duty to furnish a safe scaffold (Rocha v. State of New York, 77 Misc 2d 290 ) and therefore contributory negligence would not be a defense to an action based on a violation of this section. | 1 | 1974–1974 |
Koenig v. Patrick Construction Corp.
green
1 sentence1959Corp., 298 N. Y. 313 ). . | 1 | 1959–1959 |
Anderson v. 143 Linden Boulevard Corp.
neutral
1 sentence1959Corp., 258 App. Div. 887 .) Significantly, the Court of Appeals has also ruled that contributory negligence is not available as a defense in an action based on a violation of the statute (Koenig v. Patrick Constr. | 1 | 1959–1959 |
In re Grout
green
1 sentence1909Under the decision in Matter of Grout, 105 App. Div. 98 , the right of the comptroller to examine under section 149 of the charter ends with the commencement of an action based on the claim. | 1 | 1909–1909 |
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.