9 New York opinions name it 3 courts 1972–2024 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 |
|---|---|---|
White v. Adlergreen2 sentences1980A further reason for not applying the rule to bar a cause of action is that being a Judge-made rule to promote public policy it should not be applied to frustrate legislatively declared policy, such as the statutory liability created by the State against bank stockholders for the benefit of bank creditors (White v Adler, 289 NY 34, 43-45 , supra). 1980A further reason for not applying the rule to bar a cause of action is that being a Judge-made rule to promote public policy it should not be applied to frustrate legislatively declared policy, such as the statutory liability created by the State against bank stockholders for the benefit of bank creditors (White v Adler, 289 NY 34, 43-45 , supra). | 1 | 2 |
State Ex Rel. White Pine Sash Co. v. Superior Courtgreen1 sentence2024White , 289 NY at 43 , citing , State v. Superior Court , 145 Wash. 576, 579 ([i]t has even been said that exceptions should be recognized 'as the evident justice of the particular case requires'"); National Fire Ins. | 1 | 1 |
Tudhope v. Riehlegreen2 sentences2003Separately, while the Vermont Supreme Court applied res judicata in Grant and in Roddy , the court has recognized that the judge-made doctrine is flexible and should not be applied mechanically (see Tudhope v Riehle, 167 Vt 174, 179, 704 A2d 765, 768 [1997], citing Delahunty v Massachusetts Mut. 2003Separately, while the Vermont Supreme Court applied res judicata in Grant and in Roddy , the court has recognized that the judge-made doctrine is flexible and should not be applied mechanically ( see Tudhope v Riehle, 167 Vt 174, 179, 704 A2d 765, 768 [1997], citing Delahunty v Massachusetts Mut. | 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 |
|---|---|---|
People v. Gallina
neutral
1 sentence1988Thus, there should be a new trial (see, People v Buford, supra; People v Gallina, 137 AD2d 617 ). | 1 | 1988–1988 |
People v. Buford
green
1 sentence1988Thus, there should be a new trial (see, People v Buford, supra; People v Gallina, 137 AD2d 617 ). | 1 | 1988–1988 |
Fleury v. Edwards
green
1 sentence1985After all, the common law of evidence is constantly being refashioned to meet the demands of modern societal expectations (cf. Fleury v Edwards, 14 NY2d 334, 341 ). | 1 | 1985–1985 |
People v. Zimmer
green
2 sentences1982Disqualification of a prosecutor based upon a conflict of interest is a Judge-made doctrine, applied as often as not in contexts not involving section 701 (People v Shinkle, supra; People v Zimmer, supra); and it is the propriety of the disqualification ruling upon which the validity of the appointment depends, and not the reverse. 1982Disqualification of a prosecutor based upon a conflict of interest is a Judge-made doctrine, applied as often as not in contexts not involving section 701 (People v Shinkle, supra; People v Zimmer, supra); and it is the propriety of the disqualification ruling upon which the validity of the appointment depends, and not the reverse. | 1 | 1982–1982 |
People v. Shinkle
green
2 sentences1982Disqualification of a prosecutor based upon a conflict of interest is a Judge-made doctrine, applied as often as not in contexts not involving section 701 (People v Shinkle, supra; People v Zimmer, supra); and it is the propriety of the disqualification ruling upon which the validity of the appointment depends, and not the reverse. 1982Disqualification of a prosecutor based upon a conflict of interest is a Judge-made doctrine, applied as often as not in contexts not involving section 701 (People v Shinkle, supra; People v Zimmer, supra); and it is the propriety of the disqualification ruling upon which the validity of the appointment depends, and not the reverse. | 1 | 1982–1982 |
People v. Carter
green
1 sentence1980(See People v Davis, supra; People v Campbell, 59 AD2d 912 .) Further error was committed when the Trial Judge made no inquiry into the apparent failure of some of the jurors to heed the mandatory admonition that they "not converse among themselves * * * upon any subject connected with the trial” (CPL 270.40). | 1 | 1980–1980 |
Time, Inc. v. Pape
green
2 sentences1975This Judge-made rule added to State tort law a constitutional zone of protection for errors of fact caused by negligence (see Time, Inc. v Page, 401 US 279 ). 1975This Judge-made rule added to State tort law a constitutional zone of protection for errors of fact caused by negligence (see Time, Inc. v Page, 401 US 279 ). | 1 | 1975–1975 |
Woods v. Lancet
green
2 sentences1972For the Court of Appeals to do so would not involve a charting of a new course (Woods v. Lancet, 303 N. Y. 349 ; Silver v. Great Amer. 1972For the Court of Appeals to do so would not involve a charting of a new course (Woods v. Lancet, 303 N. Y. 349 ; Silver v. Great Amer. | 1 | 1972–1972 |
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.