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9 New York opinions name it 2 courts 1903–2025 3 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 WG Woodmere, LLC v. Nassau County Planning Commn.green2 sentences2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient 2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient | 1 | 1 |
Downey v. Beatrice Epstein Family Partnership, L.P.green1 sentence2014Under the circumstances, the connection between plaintiffs claimed injury and the Safeguard defendants’ alleged Code violation is too attenuated (see id.; see also Downey v Beatrice Epstein Family Partnership, L.P., 48 AD3d 616, 619 [2d Dept 2008], lv denied 11 NY3d 702 [2008]). | 1 | 1 |
Zvinys v. Richfield Investment Co.green1 sentence2014Co., 25 AD3d 358, 359 [1st Dept 2006], lv denied 7 NY3d 706 [2006]). | 1 | 1 |
Razzano v. Woodstock Owners Corp.green1 sentence2014Similarly, Vatovec is entitled to summary judgment dismissing the Safeguard defendants’ cross claims against him, since the Safeguard defendants have not opposed the dismissal of those claims on appeal (see Razzano v Woodstock Owners Corp., 111 AD3d 522, 523 [1st Dept 2013]). | 1 | 1 |
People v. Vaughngreen2 sentences2003There is no question that defendant was in police custody (see People v Vaughn, 275 AD2d 484 , 487 [2000], lv denied 96 NY2d 788 [2001] [“no reasonable person, innocent of any crime, while sitting handcuffed in a police vehicle with * * * detectives, would believe that he or she was free to leave the presence of the police”]; People v Hardy, 223 AD2d 839, 840 [1996] [listing factors to consider]). “[0]nce he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause” ( 2003There is no question that defendant was in police custody (see People v Vaughn, 275 AD2d 484 , 487 [2000], lv denied 96 NY2d 788 [2001] [“no reasonable person, innocent of any crime, while sitting handcuffed in a police vehicle with * * * detectives, would believe that he or she was free to leave the presence of the police”]; People v Hardy, 223 AD2d 839, 840 [1996] [listing factors to consider]). “[0]nce he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause” ( | 1 | 1 |
People v. Hardygreen1 sentence2003There is no question that defendant was in police custody (see People v Vaughn, 275 AD2d 484 , 487 [2000], lv denied 96 NY2d 788 [2001] [“no reasonable person, innocent of any crime, while sitting handcuffed in a police vehicle with * * * detectives, would believe that he or she was free to leave the presence of the police”]; People v Hardy, 223 AD2d 839, 840 [1996] [listing factors to consider]). “[0]nce he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause” ( | 1 | 1 |
People v. Battagliagreen1 sentence2000Thus, despite a prior indication that defendant would voluntarily accompany the police “downtown”, once he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause (see, CPL 140.10 [1] [b]; Dunaway v New York, 442 US 200 ; People v Battaglia, 56 NY2d 558 , revg on dissenting mem below 82 AD2d 389, 395-397 [Hancock, Jr., J.]). | 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 |
|---|---|---|
Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn Harbor
green
2 sentences2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient 2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient | 5 | 1989–2025 |
Cella v. Suffolk County
green
2 sentences2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient 2025"While it is not necessary for a municipality to establish exact congruence between the total expenses incurred . . . and the total fees charged . . . , the fee cannot far exceed the cost of administration" ( Matter of WG Woodmere, LLC v Nassau County Planning Commn. , 230 AD3d at 699 [citation and internal quotation marks omitted]). "'Without the safeguard of a requirement that fees bear a relation to average costs, a [municipality] would be free to incur, in the individual case, not only necessary costs but also any which it, in its untrammeled discretion, might think desirable or convenient | 1 | 2025–2025 |
T-Rex Hyde Park Owner, LLC v. Dutchess County Legislature
green
2 sentences2025Here, even assuming, without deciding, that the defendants met their burden of demonstrating their prima facie entitlement to judgment as a matter of law by invoking the presumption of validity ( compare T-Rex Hyde Park Owner, LLC v Dutchess County Legislature , 134 AD3d 1024, 1026-1027 , with Schulz v State of N.Y. 2025Here, even assuming, without deciding, that the defendants met their burden of demonstrating their prima facie entitlement to judgment as a matter of law by invoking the presumption of validity ( compare T-Rex Hyde Park Owner, LLC v Dutchess County Legislature , 134 AD3d 1024, 1026-1027 , with Schulz v State of N.Y. | 1 | 2025–2025 |
People v. Battaglia
green
1 sentence2000Thus, despite a prior indication that defendant would voluntarily accompany the police “downtown”, once he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause (see, CPL 140.10 [1] [b]; Dunaway v New York, 442 US 200 ; People v Battaglia, 56 NY2d 558 , revg on dissenting mem below 82 AD2d 389, 395-397 [Hancock, Jr., J.]). | 1 | 2000–2000 |
Dunaway v. New York
green
1 sentence2000Thus, despite a prior indication that defendant would voluntarily accompany the police “downtown”, once he was handcuffed and taken away in a police vehicle the detention of defendant rose to the level of an arrest which triggers the traditional safeguard of the requirement of probable cause (see, CPL 140.10 [1] [b]; Dunaway v New York, 442 US 200 ; People v Battaglia, 56 NY2d 558 , revg on dissenting mem below 82 AD2d 389, 395-397 [Hancock, Jr., J.]). | 1 | 2000–2000 |
Briesenmeister v. Supreme Lodge Knights of Pythias of the World
green
1 sentence1903In the cases cited by the learned counsel for the respondent (Briesenmeister v. Knights of Pythias, 81 Mich. 525 , and Burgess v. Sims Drug Co., 86 N. W. | 1 | 1903–1903 |
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.