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8 New York opinions name it 5 courts 1930–2024 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 |
|---|---|---|
Gevinson v. Kirkeby-Natus Corp.green2 sentences1990In Gevinson v Kirkeby-Natus Corp. ( 26 AD2d 71, 76 ), which plaintiff relied on in his memorandum of law, the court observed: "It should be obvious that in a proper case, even one involving sister-State law, a court, in its discretion, may require an adversary to disclose the bases of his claim, if the bases in the statute and decisional law of another State are difficult of ascertainment, for whatever reason, by the usual legal research techniques, or, more important, if it is unclear whether the litigant is relying at all on nonforum law.” The court further stated: "In the case of foreign la 1978Finally, the courts may be guided by a caveat set forth in Gevinson v Kirkeby-Natus Corp. ( 26 AD2d 71, 76 [Breitel, J.]): "If * * * a litigant should succeed in concealing the bases of his claim resting on sister-State law to the obvious prejudice of his adversary, a court in a proper case would have ample remedies. | 1 | 2 |
People v. Millergreen1 sentence2024We further note that the primary bases for his claim of ineffective assistance of counsel, which is premised on counsel's alleged failure to properly advise him regarding the implications of the plea or sufficiently negotiate a more advantageous plea, involve matters outside the record and are more properly the subject of a motion pursuant to CPL article 440 ( see People v Wimberly , 228 AD3d at 1178; People v Nunnally , 224 AD3d 992 [*2], 994 [3d Dept 2024], lv denied 41 NY3d 1004 [2024]; People v Miller , 215 AD3d 1141, 1142 [3d Dept 2023], lv denied 40 NY3d 930 [2023]). | 1 | 1 |
People v. Wimberlygreen1 sentence2024We further note that the primary bases for his claim of ineffective assistance of counsel, which is premised on counsel's alleged failure to properly advise him regarding the implications of the plea or sufficiently negotiate a more advantageous plea, involve matters outside the record and are more properly the subject of a motion pursuant to CPL article 440 ( see People v Wimberly , 228 AD3d at 1178; People v Nunnally , 224 AD3d 992 [*2], 994 [3d Dept 2024], lv denied 41 NY3d 1004 [2024]; People v Miller , 215 AD3d 1141, 1142 [3d Dept 2023], lv denied 40 NY3d 930 [2023]). | 1 | 1 |
Keefe v. . Leegreen1 sentence1966See, also, Keefe v. Lee, 197 N. Y. 68, 70-71 .) It is conceded in the majority opinion that “ in a proper case, even one involving sister-State law, a court, in its discretion, may require an adversary to disclose the bases of his claim, if the bases in the statute and decisional law of another State are difficult of ascertainment, for whatever reason, by the usual legal research techniques ”. | 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. Nunnally
green
1 sentence2024We further note that the primary bases for his claim of ineffective assistance of counsel, which is premised on counsel's alleged failure to properly advise him regarding the implications of the plea or sufficiently negotiate a more advantageous plea, involve matters outside the record and are more properly the subject of a motion pursuant to CPL article 440 ( see People v Wimberly , 228 AD3d at 1178; People v Nunnally , 224 AD3d 992 [*2], 994 [3d Dept 2024], lv denied 41 NY3d 1004 [2024]; People v Miller , 215 AD3d 1141, 1142 [3d Dept 2023], lv denied 40 NY3d 930 [2023]). | 1 | 2024–2024 |
Taber v. State Human Rights Appeal Board
neutral
1 sentence1985Review of the record confirms that petitioner was given ample opportunity to state the bases of his claim and to respond to the city’s statements in opposition (see, Matter of Gajjar v Union Coll., 107 AD2d 917 ; Matter of Taber v New York State Human Rights Appeal Bd., 64 AD2d 990, 991 ). | 1 | 1985–1985 |
Gajjar v. Union College
green
1 sentence1985Review of the record confirms that petitioner was given ample opportunity to state the bases of his claim and to respond to the city’s statements in opposition (see, Matter of Gajjar v Union Coll., 107 AD2d 917 ; Matter of Taber v New York State Human Rights Appeal Bd., 64 AD2d 990, 991 ). | 1 | 1985–1985 |
Torrey v. Bank of Orleans
neutral
1 sentence1951It is significant that Hawley v. Cramer (supra) and Torrey v. Bank of Orleans (supra), cited in Bryan v. Baldwin as the bases for the rule against pledgee purchases, are both real property cases. | 1 | 1951–1951 |
Seth v. Cramer
green
1 sentence1951It is significant that Hawley v. Cramer (supra) and Torrey v. Bank of Orleans (supra), cited in Bryan v. Baldwin as the bases for the rule against pledgee purchases, are both real property cases. | 1 | 1951–1951 |
Whitney v. Whitney
green
1 sentence1940However, were this the only factor to be considered, the enactment of the Married Women’s Acts enabling separate property holdings and resulting in the ability of a wife to sue her husband for conversion (Whitney v. Whitney, 49 Barb. 319 ; Howland v. Howland, 20 Hun, 472 ), would dispel all reason for the rule. | 1 | 1940–1940 |
Dexter v. Inches
green
1 sentence1930The decision ends with the following pregnant paragraph: “ In Matter of Farmers’ Loan & Trust Co. (supra) the court quoted with approval and applied Dexter v. Inches [ 147 Mass. 324 ] and in affirming this court in Matter of Union Trust Co. (supra) have shown an inclination to abandon the rule laid down so clearly in Soper v. Brown (supra). | 1 | 1930–1930 |
Soper v. . Brown
green
1 sentence1930The decision ends with the following pregnant paragraph: “ In Matter of Farmers’ Loan & Trust Co. (supra) the court quoted with approval and applied Dexter v. Inches [ 147 Mass. 324 ] and in affirming this court in Matter of Union Trust Co. (supra) have shown an inclination to abandon the rule laid down so clearly in Soper v. Brown (supra). | 1 | 1930–1930 |
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.