9 New York opinions name it 4 courts 1993–2011 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 |
|---|---|---|
Noseworthy v. City of New Yorkgreen2 sentences2004Furthermore, under the present circumstances, no reasonable inference can be drawn to support a claim of forgery even under the reduced standard applicable to plaintiffs in wrongful death cases (see Noseworthy v City of New York, 298 NY 76 [1948]). 2003Nor may plaintiffs avail themselves of the reduced standard of proof in wrongful death actions under the Noseworthy doctrine (see Noseworthy v City of New York, 298 NY 76, 80 ). | 1 | 4 |
Brusco v. Braungreen2 sentences2003Procedural Safeguards Prove Intentions Contrary to McDonald Today’s safeguards provided tenants in summary proceedings include (1) the prepetition oral or written demand for rent (RPAPL 711 [2]), along with proof that the demand was made, or a termination or quit notice in a holdover (Real Property Law § 232-a); (2) the service of the petition and notice of petition (RPAPL 731, 735); (3) the clerk’s postcard notification after filing (RPAPL 732 [2]; 22 NYCRR 208.42 [i] [1], [2]); (4) the court’s discretionary stay of the warrant of eviction (RPAPL 732 [2], [3]); (5) the marshal’s 72-hour notic 2003Procedural Safeguards Prove Intentions Contrary to McDonald Today’s safeguards provided tenants in summary proceedings include (1) the prepetition oral or written demand for rent (RPAPL 711 [2]), along with proof that the demand was made, or a termination or quit notice in a holdover (Real Property Law § 232-a); (2) the service of the petition and notice of petition (RPAPL 731, 735); (3) the clerk’s postcard notification after filing (RPAPL 732 [2]; 22 NYCRR 208.42 [i] [1], [2]); (4) the court’s discretionary stay of the warrant of eviction (RPAPL 732 [2], [3]); (5) the marshal’s 72-hour notic | 1 | 1 |
Fasano v. Stategreen1 sentence2001Moreover, where the injured plaintiff is unavailable to give his account of the facts, a reduced standard of proof is applicable (Noseworthy v City of New York, 298 NY 76, 80 [decedent]; Schechter v Klanfer, 28 NY2d 228, 233 [amnesiac]; Fasano v State of New York, 113 AD2d 885, 888 [same]). | 1 | 1 |
Schechter v. Klanfergreen1 sentence2001Moreover, where the injured plaintiff is unavailable to give his account of the facts, a reduced standard of proof is applicable (Noseworthy v City of New York, 298 NY 76, 80 [decedent]; Schechter v Klanfer, 28 NY2d 228, 233 [amnesiac]; Fasano v State of New York, 113 AD2d 885, 888 [same]). | 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 |
|---|---|---|
Holliday v. Hudson Armored Car & Courier Service, Inc.
green
1 sentence2011Holliday v Hudson Armored Car & Courier Serv., 301 AD2d 392 [2003]; Clarke v New York City Tr. | 1 | 2011–2011 |
In re the Estate of Gonzalez
green
1 sentence2005The fact is that, regardless of his motives, the father here elected to absent himself from decedent’s life and is thereby disqualified from inheriting (Matter of Gonzalez, supra). | 1 | 2005–2005 |
Acevedo v. Audubon Management, Inc.
green
1 sentence2004Inasmuch as there is no genuine factual issue as to the authenticity of the decedent’s signature on the subject rider, the owners have established compliance with Administrative Code § 27-2045 (see Fairclough v 679 Magenta LLC, 309 AD2d 619 [2003]; Acevedo, supra at 95-96 ). | 1 | 2004–2004 |
Fairclough v. 679 Magenta LLC
green
1 sentence2004Inasmuch as there is no genuine factual issue as to the authenticity of the decedent’s signature on the subject rider, the owners have established compliance with Administrative Code § 27-2045 (see Fairclough v 679 Magenta LLC, 309 AD2d 619 [2003]; Acevedo, supra at 95-96 ). | 1 | 2004–2004 |
In re Philip A.
green
1 sentence2000In our opinion, the evidence set forth cannot support a finding that Jonathan suffered a physical injury (see, id., at 200 ) even under the reduced standard of proof applicable to family offense proceedings. | 1 | 2000–2000 |
Williams v. Niske
green
1 sentence1993The $900,000 paid in settlement prior to trial by four of the tortfeasors in Williams v Niske (supra) reduces the claim of the plaintiff against those defendants who proceeded to trial, and the damages attributable to those defendants are calculated on the basis of the reduced claim in accordance with the apportionment of fault by the jury. | 1 | 1993–1993 |
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.