common-law voluntary payment doctrine (New York) · Go Syfert
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common-law voluntary payment doctrine in New York

9 New York opinions name it 2 courts 2002–2021 4 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
Dillon v. U-A Columbia Cablevision of Westchester, Inc.green
ny · 2003 · cited in 7 New York opinions naming this issue, 2013–2021
2 sentences

2021The common-law voluntary payment doctrine bars the recovery of payments that are "voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law" ( Dillon v U-A Columbia Cablevision of Westchester , 100 NY2d 525, 526 [2003]).

2021"The common-law voluntary payment doctrine bars the recovery of payments that are 'voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law'" ( U.S. Bank, N.A. v Cordero , 191 AD3d 490 , 491 [2021], quoting Dillon v U-A Columbia Cablevision of Westchester , 100 NY2d 525, 526 [2003]).

57
Jenoure v. Body Solutions Plus, LLCgreen
nyappterm · 2010 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021The doctrine, which is limited to situations in which the parties have a preexisting contractual or quasi-contractual relationship, essentially prevents the paying party from thereafter changing his or her mind by seeking to recoup that payment voluntarily made under those circumstances ( see generally Dillon v U-A Columbia Cablevision of Westchester , 100 NY2d at 526 ; Jenoure v Body Solutions Plus, LLC of Westbury , 29 Misc 3d 84, 86 [App Term, 2d Dept 2010]).

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 (6)

CaseCitedYears
Payne v. . Witherbee, Sherman Company green
ny · 1911
2 sentences

2007The elements of the voluntary payment doctrine, as modified in New York, are set forth below: “The common-law voluntary payment doctrine bars recovery of payments made with full knowledge of the facts, even if made under a mistake of law (see Payne v Witherbee, Sherman & Co., 200 NY 572, 576 ).

2002The common-law voluntary payment doctrine bars recovery of payments made with full knowledge of the facts, even if made under a mistake of law (see Payne v Witherbee, Sherman & Co., 200 NY 572, 576 ).

22002–2007
U.S. Bank, N.A. v. Cordero green
nyappdiv · 2021
1 sentence

2021"The common-law voluntary payment doctrine bars the recovery of payments that are 'voluntarily made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law'" ( U.S. Bank, N.A. v Cordero , 191 AD3d 490 , 491 [2021], quoting Dillon v U-A Columbia Cablevision of Westchester , 100 NY2d 525, 526 [2003]).

12021–2021
Irwin v. . Curie green
ny · 1902
1 sentence

2015The common-law voluntary payment doctrine, which bars recovery of payments made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law (see Dillon v U-A Columbia Cablevision of Westchester, 100 NY2d 525, 526 [2003]; Hedley’s, Inc. v Airwaves Global Logistics, LLC, 130 AD3d 872 [2d Dept 2015]), may have no application here, since plaintiff insists that she had no knowledge of the Town Code prohibition at issue. 2 A second line of reasoning that may permit recovery is where a party has a claim in restitution for a performance rendered in return for a pro

12015–2015
Tracy v. . Talmage green
ny · 1856
1 sentence

2015The common-law voluntary payment doctrine, which bars recovery of payments made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law (see Dillon v U-A Columbia Cablevision of Westchester, 100 NY2d 525, 526 [2003]; Hedley’s, Inc. v Airwaves Global Logistics, LLC, 130 AD3d 872 [2d Dept 2015]), may have no application here, since plaintiff insists that she had no knowledge of the Town Code prohibition at issue. 2 A second line of reasoning that may permit recovery is where a party has a claim in restitution for a performance rendered in return for a pro

12015–2015
Smith v. Pope green
nyappdiv · 1979
1 sentence

2015The common-law voluntary payment doctrine, which bars recovery of payments made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law (see Dillon v U-A Columbia Cablevision of Westchester, 100 NY2d 525, 526 [2003]; Hedley’s, Inc. v Airwaves Global Logistics, LLC, 130 AD3d 872 [2d Dept 2015]), may have no application here, since plaintiff insists that she had no knowledge of the Town Code prohibition at issue. 2 A second line of reasoning that may permit recovery is where a party has a claim in restitution for a performance rendered in return for a pro

12015–2015
Hedley's, Inc. v. Airwaves Global Logistics, LLC green
nyappdiv · 2015
1 sentence

2015The common-law voluntary payment doctrine, which bars recovery of payments made with full knowledge of the facts, and in the absence of fraud or mistake of material fact or law (see Dillon v U-A Columbia Cablevision of Westchester, 100 NY2d 525, 526 [2003]; Hedley’s, Inc. v Airwaves Global Logistics, LLC, 130 AD3d 872 [2d Dept 2015]), may have no application here, since plaintiff insists that she had no knowledge of the Town Code prohibition at issue. 2 A second line of reasoning that may permit recovery is where a party has a claim in restitution for a performance rendered in return for a pro

12015–2015

Where else courts name it

NY 9 (2002–2021) IL 6 (2019–2026) TX 2 (2005–2013) AR 2 (1997–2002)

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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