9 New York opinions name it 2 courts 1982–2015 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.
| Case | Followed | Cited |
|---|---|---|
MATTER OF HUNT BROS., INC. v. Glennongreen2 sentences2011As this Court has held, ‘[t]he mere fact that petitioners may have to endure the [Adirondack Park Agency] review process is not sufficient, without more, to constitute injury for this purpose’ (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). 2011As this Court has held, “[t]he mere fact that petitioners may have to endure the APA review process is not sufficient, without more, to constitute injury for this purpose” (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456 ; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). | 2 | 2 |
Matter of Ellsmangreen2 sentences2011As this Court has held, ‘[t]he mere fact that petitioners may have to endure the [Adirondack Park Agency] review process is not sufficient, without more, to constitute injury for this purpose’ (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). 2011As this Court has held, “[t]he mere fact that petitioners may have to endure the APA review process is not sufficient, without more, to constitute injury for this purpose” (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456 ; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). | 2 | 2 |
Wal-Mart Stores, Inc. v. Campbellgreen2 sentences2011As this Court has held, ‘[t]he mere fact that petitioners may have to endure the [Adirondack Park Agency] review process is not sufficient, without more, to constitute injury for this purpose’ (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). 2011As this Court has held, “[t]he mere fact that petitioners may have to endure the APA review process is not sufficient, without more, to constitute injury for this purpose” (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456 ; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). | 2 | 2 |
Hussein v. Stategreen1 sentence2015We affirm. “[I]n order to warrant a determination of the merits of a cause of action, [the] party requesting relief must state a justiciable claim — one that is capable of review and redress by the courts at the time it is brought for review” (Hussein v State of New York, 81 AD3d 132, 135 [2011], affd 19 NY3d 899 [2012]). | 1 | 1 |
Schulz v. Cuomogreen1 sentence2015A claim is justiciable, in turn, when two requirements are met: first, that the plaintiff has an interest sufficient to constitute standing to maintain the action and, second, that the underlying controversy involves present, rather than hypothetical, contingent or remote, prejudice to the plaintiff” (Schulz v Cuomo, 133 AD3d 945, 947 [2015] [internal quotation marks, brackets and citations omitted]). | 1 | 1 |
Jiggetts v. Grinkergreen1 sentence2011Turning to the merits of defendant’s arguments in the instant appeal, we note that, in order to warrant a determination of the merits of a cause of action, a party requesting relief must state a justiciable claim—one that is capable of review and redress by the courts at the time it is brought for review (see Jiggetts v Grinker, 75 NY2d 411, 415 [1990]). | 1 | 1 |
Essex County v. Zagatagreen1 sentence2011As this Court has held, “[t]he mere fact that petitioners may have to endure the APA review process is not sufficient, without more, to constitute injury for this purpose” (Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]; see Matter of Essex County v Zagata, 91 NY2d at 455-456 ; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 910 [1993]; Weingarten v Town of Lewisboro, 77 NY2d 926, 928 [1991]). | 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 |
|---|---|---|
Klostermann v. Cuomo
green
2 sentences2002We consider this particularly appropriate since “[t]he primary purpose of declaratory judgments is to adjudicate the parties’ rights before a 'wrong’ actually occurs in the hope that later litigation will be unnecessary” (Klostermann v Cuomo, 61 NY2d 525, 538 ). 1989Fourth, plaintiffs contend that their claim is justiciable since courts have a duty to enforce statutory mandates which may require the expenditure of funds, citing Klostermann v Cuomo ( 61 NY2d 525 [1984] [persons who were mentally ill and either released from institutions or ready to be released from institutions had stated a justiciable claim for residential placement, supervision and care and were entitled to a declaratory judgment stating their rights]) and Matter of Dental Socy. v Carey ( 61 NY2d 330 [1984] [Dental Society of the State of New York had standing to challenge the Medicaid d | 2 | 1989–2002 |
In re the Arbitration between Village of Horseheads & Horseheads Police Benevolent Ass'n
neutral
1 sentence2015We affirm. “[I]n order to warrant a determination of the merits of a cause of action, [the] party requesting relief must state a justiciable claim — one that is capable of review and redress by the courts at the time it is brought for review” (Hussein v State of New York, 81 AD3d 132, 135 [2011], affd 19 NY3d 899 [2012]). | 1 | 2015–2015 |
Dental Society v. Carey
green
1 sentence1989Fourth, plaintiffs contend that their claim is justiciable since courts have a duty to enforce statutory mandates which may require the expenditure of funds, citing Klostermann v Cuomo ( 61 NY2d 525 [1984] [persons who were mentally ill and either released from institutions or ready to be released from institutions had stated a justiciable claim for residential placement, supervision and care and were entitled to a declaratory judgment stating their rights]) and Matter of Dental Socy. v Carey ( 61 NY2d 330 [1984] [Dental Society of the State of New York had standing to challenge the Medicaid d | 1 | 1989–1989 |
East Asiatic Co. v. Corash
green
1 sentence1985However, on a motion for leave to amend, there need only be a showing sufficient to enable the court to determine whether the moving party has a justiciable claim (see, East Asiatic Co. v Corash, 34 AD2d 432 ). | 1 | 1985–1985 |
In re Brian W.
green
1 sentence1982(Matter of Volpicelli v Leventhal, 48 AD2d 660 .) Second, the landlord urges that Demler has not presented a justiciable claim because this case is governed by the decision of the Appellate Division, First Department, in Childress v Lipkis ( 72 AD2d 724 ). | 1 | 1982–1982 |
Childress v. Lipkis
neutral
1 sentence1982(Matter of Volpicelli v Leventhal, 48 AD2d 660 .) Second, the landlord urges that Demler has not presented a justiciable claim because this case is governed by the decision of the Appellate Division, First Department, in Childress v Lipkis ( 72 AD2d 724 ). | 1 | 1982–1982 |
H. I. M. Properties Corp. v. Gross
neutral
1 sentence1982Corp. v Gross, 6 Misc 2d 666 ; Matter of K & G Co. v Reyes, 52 Misc 2d 606 .) Demler has presented a justiciable claim. | 1 | 1982–1982 |
People v. Skelly
green
1 sentence1982Corp. v Gross, 6 Misc 2d 666 ; Matter of K & G Co. v Reyes, 52 Misc 2d 606 .) Demler has presented a justiciable claim. | 1 | 1982–1982 |
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.